“一带一路”倡议下构建人类命运共同体人权观的制度化思考

Reflections on the Human Rights View of Building a Community of a Shared Future for Mankind in the Perspectives of Institutionalization and the Belt and Road Initiative

构建人类命运共同体理念蕴含了丰富的人权思想,包括生存权、发展权是首要基本人权理念、美好生活权理念、系统治理理念和交流互鉴理念,共同构成构建人类命运共同体人权观。当前,这种人权观在“一带一路”倡议下已取得一定程度的制度化成果,但与西方人权观在双边、区域性协定中的制度化相比,还存在不足:生存权的“首要基本”地位不够突出,减贫与就业议题的制度化不够充分,集体人权、新兴人权的制度化不够全面,对程序规则的重视程度不足,交流互鉴理念的制度化不够深入等。建议从章节排布、实体制度、程序制度三方面,综合推进构建人类命运共同体人权观在“一带一路”倡议下的制度化。在充分利用规则切实提高人权保护水平的同时,进一步拓展中国在人权领域中的制度性话语权。

The theory of building a community with a shared future for mankind contains the view on human rights with rich implications,including the idea that the right to existence and the right to development are the primary basic human rights,the idea of the right to a better life,the idea of systematic governance and the idea of exchange and mutual learning,which constitute the view of human rights under the theory of building a community with a shared future for mankind.At present,this view of human rights has achieved some institutional results under the“the Belt and Road”initiative.However,compared with the institutionalization of the Western view of human rights in bilateral and regional agreements,it still has shortcomings:the“primary and basic”status of the right to existence is not prominent enough,the institutionalization of poverty reduction and employment issues is not sufficient,the institutionalization of collective human rights and emerging human rights is not comprehensive enough,and the attention to procedural rules is insufficient,and the institutionalization of the concept of exchange and mutual learning is not mature enough.It is suggested to comprehensively promote the institutionalization of the human rights view of building a community with a shared future under the Belt and Road Initiative from three aspects:the chapter arrangement,the substantive system and the procedure system.In this way,while making full use of the rules to effectively improve the level of human rights protection,China will further expand its institutional voice in the field of human rights.