CPC Legalizes Ethnic Policies; Lawyers Challenge Overseas Accountability

Human rights abuses by the Chinese Communist Party in Xinjiang frequently spark public protests. (Video Screenshot)

[People News] China's "Law on Promoting Ethnic Unity and Progress" is set to take effect on July 1. The Communist Party held a press conference in Beijing to address external concerns regarding issues such as forced labor in Xinjiang, boarding schools in Tibet, minority languages and scripts, and the overseas accountability clause. Interviewees from Radio Free Asia expressed that this law effectively legalizes the Communist Party's ethnic policies, and Article 63's overseas accountability clause could serve as a deterrent to overseas Tibetans, Mongolians, Uyghurs, Hong Kongers, Taiwanese, and those who criticize China's ethnic policies. Chinese legal scholar Liu Yaoming has stated that this clause lacks a solid legal foundation.

As reported by Radio Free Asia, the State Council Information Office of the Communist Party held a press conference on the 24th. Chen Ruifeng, Deputy Minister of the United Front Work Department of the Central Committee of the Communist Party and Director of the National Ethnic Affairs Commission, remarked during the meeting that this law is the only newly established law since the 18th National Congress of the Communist Party that includes a separate preface, thereby transforming Xi Jinping's significant thoughts on enhancing and improving ethnic work—particularly the concept of "forging a strong sense of community for the Chinese nation"—into national policy.

Legalization of ethnic policies.

In an interview with Radio Free Asia, Gecang Jianzan, the representative of the Central Tibetan Administration in Taiwan, stated that the Chinese Communist Party (CCP) has long pursued assimilation policies in Tibet, Xinjiang, and Inner Mongolia. Historically, these policies were primarily enforced through administrative orders, but they are now being solidified through legal frameworks. He remarked, 'Under CCP rule, Tibet, Xinjiang, and Inner Mongolia have consistently faced such policies. Previously, these were based on administrative regulations aimed at eradicating the culture and religion of ethnic groups; now, they are legalizing actions that have already been taken. Chinese law fundamentally reflects the will of the state and the party. In the past, they could use the Law on Regional Ethnic Autonomy as a facade, but now, by legalizing practices that contradict the values of freedom, democracy, and human rights, they can implement assimilation policies in minority regions with even less restraint.'

Article 63 of this law states that organizations and individuals outside the People's Republic of China who engage in actions that undermine national unity and progress or incite ethnic division will be held legally accountable.

Gecang Jianzan further noted that the extraterritorial accountability clause in Article 63 would serve as a deterrent to overseas Tibetans, Uyghurs, Mongolians, and individuals associated with Taiwan and Hong Kong. He explained, 'Overseas individuals who criticize China's ethnic policies may face issues when returning to China or visiting Tibet in the future. Article 63 lacks clear definitions and can be wielded as a tool of intimidation, discouraging people from speaking out even while abroad.'

Mother Tongue Education and the Controversy of Assimilation

Article 15 of this law states that the state shall comprehensively promote the national common language and script, and that schools and other educational institutions must use the national common language and script as the primary language and writing for education. Lei Jianbin, deputy director of the Legislative Affairs Commission of the Standing Committee of the National People's Congress, remarked at a press conference that promoting the national common language and script, while also ensuring that ethnic minorities can use their own languages and scripts, is mandated by the Constitution and laws, and these two objectives should not be seen as opposing each other.

Xi Haiming, Chairman of the Southern Mongolia People's Congress, told Radio Free Asia that the Chinese Communist Party's introduction of the National Unity and Progress Promotion Law is a way to convert political slogans into legal instruments. He stated: "This law is fundamentally about cultural assimilation, aiming to integrate ethnic groups such as Mongolians, Tibetans, and Uyghurs into the so-called Chinese national community, effectively erasing the mother tongues of these minorities. It transforms political propaganda into enforceable laws, using the guise of legality to threaten those who do not comply. The so-called national unity is, in fact, a practice of ethnic assimilation and Han nationalism. Article 63, which addresses extraterritorial accountability and the establishment of overseas police stations, serves the same purpose: to intimidate domestically and instill fear in the overseas free world, including Taiwan."

In recent years, the opportunities for mother tongue education in regions like Inner Mongolia, Xinjiang, and Tibet have been steadily diminishing. Following the implementation of state-issued unified textbooks in Inner Mongolia in 2020, protests arose among Mongolian parents and students. Additionally, boarding schools in Xinjiang and Tibet have been under long-term scrutiny by international human rights organizations.

Extraterritorial accountability and legal controversies.

Recently, Shiraikawa Tsukasa, a member of the Tokyo Metropolitan Assembly from Japan's Liberal Democratic Party, expressed on the Japanese PRESIDENT website that this law serves not only as a tool for ethnic policy within China but also extends the Chinese Communist Party's ideological control beyond its borders. He argues that if Article 63 is enacted, foreigners in Japan who publicly support Taiwan or criticize China's ethnic policies could face accountability from the Chinese government under charges such as 'inciting ethnic division.'

In response, Chinese legal scholar Liu Yaoming informed Radio Free Asia reporters that the concept of extraterritorial accountability in Article 63 lacks legal legitimacy. He stated, 'The laws of a country should primarily apply within its own territory. Mainland Chinese law cannot be directly enforced in areas outside the mainland, and Taiwan is a distinct political entity. Applying this law in other countries and regions resembles interference in their internal affairs. The notion of long-arm jurisdiction has no legal foundation; it strays from the normal characteristics of law and politicizes legal matters indefinitely.'

Ethnic discrimination has been a longstanding issue.

Chinese historian Mr Wang told Radio Free Asia that China's ethnic policy has long institutionalized ethnic identity, which is different from the citizenship systems in some other countries. He noted, 'American citizens' identification documents do not specify their ethnic group, whereas Chinese ID cards clearly indicate whether one is Han, Mongolian, Uyghur, or Hui. In reality, this ethnic policy itself is inherently unreasonable.'

Mr Wang further remarked that the ethnic issues that have arisen in China in recent years are not the result of the ethnic minorities themselves. He stated: 'The language issue is obvious, and the ethnic problems in the northwest are particularly sensitive; many people are afraid to even bring them up. The real issue is not that the ethnic minorities have problems; these groups have coexisted in China for hundreds or even thousands of years. While there have been historical frictions and conflicts, the current situation is different. Many of the violent issues we face today are the result of the state's fundamental ideology and institutional arrangements; they are artificially created.'

According to public information, the 'Law on Promoting Ethnic Unity and Progress' was approved during the fourth session of the 14th National People's Congress on March 12, with Xi Jinping signing the presidential decree to announce it on the same day, set to take effect on July 1. The law comprises 7 chapters and 65 articles, addressing areas such as language, propaganda and education, supervision and guarantees, and legal responsibilities.
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