Taking the Deliberative Turn in China: International Law, Minority Rights, and the Case of Xinjiang

Abstract

The United Nations Declaration on Minority Rights, along with other international instruments dealing with minorities, is often lauded as a progressive and exemplary human rights doctrine. This article argues that these documents suffer from a theoretical deficiency for two reasons. The first problem lies in the de facto policies and practices states traditionally use as they seek cultural hegemony through the promotion of national cultures, regardless of the language contained in the declarations. The second difficulty with minority rights regimes in international law is the implicit prioritization of political equality over deliberation. By indulging voting and majoritarianism as the determinative qualities of democratic life, the deliberative atmosphere required for genuine cultural integrity is crippled. This article tracks these criticisms through the case study of Uygur claims in China. It concludes by proposing a reorientation in Chinese ethnic law that borrows from the positives of international law as well as the guidance born of liberal culturalist and deliberative perspectives. This eclectic synthesis will hopefully offer insights for future alternatives in the fundamental task of protecting minority cultures worldwide.