Human Rights Protection in Crisis Management Improvement
Measures and Experience in Dealing with Public Health Crisis in China
Huang Yong
School of Law, University of International Business & Economics
It has been predicted that after the mankind has, following the ecological environment crisis, the heavy load of regional wars and overpopulation, stridden into the new century, it will face a world war of global ecological environment. Unfortunately, this pessimistic prophecy comes true when the mankind has just approached into the 21st century. In recent years, more than 30 kinds of newly discovered infectious diseases have been identified successively worldwide, and some died out infectious diseases revived again, the global public health crisis has been increasing (see appendices 1), which constituted a great threat to the life security of human beings and to the economic development. China defines the public health crisis as: ‘the events that happen suddenly, have caused or may cause the serious infectious diseases, unidentified diseases in a certain group, major food and vocational poisonings that seriously injure public health and other events that may seriously affect the public health. ’ Obviously, the public health crisis is a natural enemy of human rights because it seriously threatens the health and life security of the public, and exerts a negative influence on social economic development; However, coping with the crisis may possibly restrict human rights. Then, how to protect human rights in the process of dealing with the crisis? How to approach a balance between settlement of the crisis and human rights protection ? The followings are my understandings of the above-mentioned problems.
1. Introduction of the Crisis Management
The public health crisis is one kind of crisis, and counter-measures are some kind of systematical engineering that incorporates administrative measures, medical treatment measures, legal measures, etc., which fully possess the forms and characteristics of the crisis management. In relation to the several public health crisis over the recent years in China (see appendices 2), especially SARS in last year, the Chinese Government has presented its outstanding crisis control ability, and perfected the relevant institutionalized measures too. The more important is that the measures for guaranteeing the fundamental rights of its citizen that the Chinese Government has taken fully reveals the standpoint for human rights protection. In the SARS crisis, the Chinese Government paid close attention to the long-term strategic interests with an aim to ensure the life security of the public, took prompt and adequate measures to cut off all sorts of ways that the epidemic situation spreads, and has decreased possible losses in property and economic development that SARS might produce. The conclusion being drawn from this practice is that from the perspective of human rights protection, measures taken to counteract the public health crisis should give priority attention to the right to life and the right to health, meanwhile to promote the social welfare on the basis of protecting economy and right to development.
2. Measures for Dealing with the Public Health Crisis in China
The suddenness, risk and complexity of the public health crisis determine the complexity and comprehensiveness of counter-measures. Frankly speaking, before SARS crisis comes, the preparation of Chinese Government is not so abundant, therefore in the initial stage of the crisis, certain losses are caused to the society. But the government has realized the problem in time, has remedies, and made great efforts for controlling the situation, which include the followings:
(1) Including the crisis management into the legal system. Facing the outburst of epidemic situation, the Chinese Government enacted ‘Regulations for Dealing with the Public Health Crisis’ and ‘Prevention and Management Methods for Infectious SARS ’ based on the ‘Infectious Diseases Prevention and Treatment Laws’, which includes measures for dealing with the public health crisis into the legal system track, offering basis for protecting the fundamental rights and reflecting respect for rule of law. The ‘Regulations for Dealing with the Public Health Crisis’ includes preventive and preparations, reporting and information publicity, emergency treatment and legal responsibility, etc., mainly regulating management methods and obligations and responsibilities of the parties concerned during the public health crisis.
(2) General mobilization of the whole society. Crisis such as SARS is sudden, threatening and emergent, it will bring about disorders or even disasters to the society if it is not dealt with promptly. The Chinese Government has taken the measures for mobilizing the whole society to control the situation, which are different from the ‘mass movement’ under the planned economic system as they are within the set legal frame regulations and are carried out according to certain legal norms. It has strengthened social cohesiveness, and lessened government's burden to a certain extent as well and it is an effective way to fully mobilize social forces to participate in dissolving crisis.
(3) Setting up comprehensive information sharing mechanism. This mechanism should be set up on transparency of government's decision making system, and shall publicize resolution and decision making intention of the government when the public falls into fear, doubt and panick so as to make the public and government fight against hand in hand. The transparent decision-making mechanism is designed to give two kinds of information to the public : (a) the situation of the crisis, for example, in SARS crisis, the government gave official report on the crisis in order to avoid irresponsible grapevine news ; (b) the information about the actions the government has adopted in the crisis and why those measures are taken. This kind of open and transparent mechanism has realized a real coordination between government's actions and the public's awareness.
(4) Paying attention to the guiding the public thinking. The public is uncertain about the future in case of crisis, and their worries about the life and property loss will constitute enormous psychological pressure. The Chinese Government actively guides the public , helps the public to dispel psychological fear and pressure. For example, the hot-line service in the radio station is offered for the people to give vent to the fear sense in the heart on the telephone; those persons worthy to be respected mostly are propagated to let the strength of the human nature overcome coward. The similar measures have greatly encouraged confidence and courage of the public to overcome the crisis.
(5) Coordination and centralization of the public resources. When SARS crisis threatens the security of life and safety of properties of the public and the social development, the government concentrated power and social resource, fully utilized various kinds of forces, adopted unified paces and order, and got the whole society to see through the temporary difficulty with the authority and high efficiency by ignoring the system design of decentralization under normal conditions. In the process of crisis management, two methods were taken in order to guarantee the fast concentration and utilization of the power and resource: (a) way of persuading. For example, the government advises the public not to go out so often on festivals or holidays, to try one's best to reduce the probability of personnel contact; (b) way of forcing. For example, before the flood comes, the residents are forced to leave the flood areas in order to assure their safety. During the SARS crisis, key area is chosen to be isolated by force, key locations are implemented with mandatory quarantine. This concentration provides possibility for ensuring the public health and life security in the face of a public health crisis, though some restrictions or even deprivation of some individual rights.
3. Experiences for Human Rights Protection in Crisis Management Improvement in China
The Chinese Government has made some effective methods and systems in dealing with the public health crisis, and accumulated comparatively abundant experience for the human rights protection in the crisis management.
(1) Power expansion of the government and the protection of individual's fundamental rights in times of crisis. In case of the crisis, the government’s first choice for the crisis management is to control the crisis and put an end to the state of emergency as soon as possible. Overcoming the crisis and resuming the normal civil order is in accordance with the people's fundamental interests and common interests of the society. The rights and interests of individuals were put after the public order and public interests temporarily, and the government's power was expanded. In relation to the right of citizens, the power for crisis administration designated to the government has greater legal authoritativeness, which can easily limit the citizen's right and freedom than normal times. Due to the possible abuse of the measures for limitation of the rights and freedom of the citizens by the government, the constitutions and laws of some countries and some international conventions established the minimum standard for the rights of citizen under the state of emergency to various degrees---some fundamental rights, such as the right to life, the right to use language, the religious belief, etc. can't be limited or deprived of; some basic rights such as the right to property can not be limited immoderately or even be deprived of.
With regard to how to assure the fundamental rights of the citizens in the time of crisis, it has not been clearly reflected in the Chinese laws. At present, the Chinese Government is making efforts to make laws with an aim to include the human rights protection in crisis management into the legal system track. The relevant provisions regarding with the state of emergency have already been included in the amendment of the Chinese Constitution of 2004, and the ‘State of Emergency Law’ is under preparation too. Adoption of these laws will offer the basis for the guarantee of the fundamental rights of Chinese citizens in the time of crisis.
(2) Establishment of Open, Transparent and Accountability Politics is Essential.
The constitution basis for open information is the right to information freedom, which itself is a basic human right. It has been accepted in a series of international legal documents, but the constitution foundation for the right of the public to have access to information provided by government is usually the right to free expression. The right to free expression includes the right to look for, receive and spread information and ideas. The 59(1) resolution adopted at the first United Nations Assembly in 1946 recognized the right to information freedom as a basic right. It declares: ‘the right to information freedom is a basic human right and it is a foundation stone for all freedoms that the United Nations pursues too. ’
SARS crisis has greatly promoted the development of the information openness of the Chinese Government. From the fact of concealing the situation at the very beginning, to delayed reporting later on and to daily prompt reporting on the epidemic situation, it showed that the Chinese authorities was making great efforts to change the traditional practice. Being interviewed, Hanker Beckbame, Chief delegate of World Health Organization Mission in China said: ‘it is very encouraging that information is disclosed, and it is also necessary for fighting against SARS. ’ ‘Semi-Annual Report on Chinese Economy’ newly published by World Bank states that honest and transparent information is essential for building up trust of the public into the government, and for bringing losses to the minimum level. So only based on the open information and transparent administration can the mutual trust relation between the government and the public be established. A latest survey indicates the satisfaction degree of the public about the reporting of SARS information and prevention and treatment measures for SARS taken by the government exceeds 90%. In addition, official statistics show that 120 officials from the central level and provincial and city levels in 15 provinces and cities were punished due to their inadequate work during SARS crisis, and two ministerial level officials were fired because of their negligence of duties. Such practice is the first time in the history over 50 years since the founding of the People's Republic of China, which shows accountability politics is being established gradually. The accountability politics has really improved the government's authority and public trust, and has gained public confidence.
(3) Basic Function of Rule of Law Administration in Crisis Management ‘Regulations for Dealing with Public Health Crisis’ adopted by the Chinese Government on May 9, 2003 not only provides operational legal basis for the prevention and treatment of SARS in accordance with the laws, but helps for further setting up and improving an unified, effective, and authoritative mechanism for dealing with the public health crisis. It provides effective and solid legal guarantee for assuring the public health and life security and maintaining normal social orders, which indicates that dealing with the public health crisis has been put on the legal track in China. The Regulations includes up more than 20 systems, including some emergent measures that might affect citizen's fundamental rights, however they are within the scope of designation of the constitution and laws, and reflect the consistency of the rule of law administration and protection of the citizen's rights and interests.