China's Law on Promoting National Unity and Progress will take effect on July 1. Chinese officials held a press conference in Beijing to respond to external questions regarding forced labor in Xinjiang, boarding schools in Tibet, minority languages and scripts, and the clause on overseas accountability. Interviewees interviewed by this station believe that the law legalizes the CCP's ethnic policies, and Article 63, which addresses overseas accountability, may deter overseas Tibetans, Mongolians, Uyghurs, Hong Kong residents, Taiwanese, and those who criticize China's ethnic policies. Chinese legal scholar Liu Yaoming believes that this clause lacks legal basis.
The State Council Information Office of China held a press conference on the 24th. Chen Ruifeng, Vice Minister of the United Front Work Department of the CPC Central Committee and Director of the State Ethnic Affairs Commission, said at the conference that this law is the only newly formulated law with a separate preamble since the 18th CPC National Congress, and it transforms Xi Jinping's important thoughts on strengthening and improving ethnic work, especially "forging a strong sense of community for the Chinese nation," into the will of the state.
Legalization of ethnic policies
In an interview with this station, Kelsang Gyaltsen, the Central Tibetan Administration's representative in Taiwan, stated that the CCP has long pursued an assimilation policy in Tibet, Xinjiang, and southern Mongolia. Previously, this policy was primarily implemented through administrative orders, but now it is formalized through law. He said, "Under the CCP's rule, Tibet, Xinjiang, and southern Mongolia have consistently faced this policy. Previously, it was based on administrative regulations to eliminate the culture and religion of an ethnic group; now, through legal means, it legitimizes what it has already been doing. Chinese law is inherently the will of the official government and the Party. In the past, it could use the Law on Regional Ethnic Autonomy as a cover; now, by legalizing these practices that violate the values of freedom, democracy, and human rights, it can more brazenly implement assimilation policies in minority areas."
Article 63 of this law stipulates that organizations and individuals outside the territory of the People's Republic of China who engage in acts that undermine national unity and progress or create national division against the People's Republic of China shall be held legally responsible.
Gesang Gyaltsen also said that Article 63, which addresses accountability for overseas individuals, would deter Tibetans, Uyghurs, Mongolians, and related individuals from Taiwan and Hong Kong. He said, "Those who criticize China's ethnic policies overseas may face problems when they return to China or Tibet to visit relatives. Article 63 lacks clear boundaries and can be used as a tool of intimidation, making people afraid to speak out even overseas."
Mother tongue education and assimilation controversy
Article 15 of this law stipulates that the state shall comprehensively promote and popularize the national common language and script, and schools and other educational institutions shall use the national common language and script as the basic language and script for education and teaching. Lei Jianbin, deputy director of the Legislative Affairs Commission of the Standing Committee of the National People's Congress, said at a press conference that promoting the national common language and script and protecting the use of ethnic minorities' own languages and scripts are both provisions of the Constitution and laws, and the two should not be set in opposition.
Xi Haiming, chairman of the Southern Mongolian Great Khural, told this station that the CCP's introduction of the National Unity and Progress Promotion Law is a transformation of political slogans into legal tools. He said, "This law is actually aimed at cultural assimilation, melting Mongolians, Tibetans, Uyghurs, and other ethnic groups into the so-called Chinese nation community, and eliminating minority languages. It turns political propaganda into a law that must be enforced, threatening those who do not cooperate with the pretext of violating the law. So-called national unity is actually about ethnic assimilation and Han chauvinism. Article 63, which seeks accountability abroad, is the same as overseas police stations; it is meant to intimidate domestic forces and also create terror in the free world overseas, including Taiwan."
In recent years, the space for mother tongue education has been continuously decreasing in Inner Mongolia, Xinjiang, and Tibet. The implementation of nationally standardized textbooks in Inner Mongolia in 2020 sparked protests from Mongolian parents and students. Boarding schools in Xinjiang and Tibet have also long been a focus of international human rights organizations.
Overseas accountability and legal disputes
Tsukasa Shirakawa, a member of the Tokyo Metropolitan Assembly from Japan's Liberal Democratic Party, recently wrote an article on the Japanese website PRESIDENT, stating that this law is not merely a tool for China's ethnic policies within its borders, but rather an extension of the CCP's thought control overseas. He believes that once Article 63 is implemented, foreigners who publicly support Taiwan or criticize China's ethnic policies within Japan could be held accountable by the Chinese side for "inciting ethnic separatism" and other similar charges.
At a press conference, Hu Weilie, Vice Minister of Justice of China, stated that Article 63 is a legislative provision aligned with the principle of jurisdiction stipulated in relevant Chinese laws. It aims to use legal means to combat various illegal acts involving ethnic minorities from abroad. Accountability will be strictly pursued in accordance with laws and regulations, and will not affect normal cultural exchanges, academic discussions, or economic and trade cooperation between China and other countries. He criticized some Western media outlets for interpreting this clause as extraterritoriality or long-arm jurisdiction, calling it a distortion and smear campaign.
In response, Chinese legal scholar Liu Yaoming told reporters that Article 63's so-called "overseas accountability" lacks legitimacy in terms of legal application. He said, "A country's laws should primarily apply within its own territory. Mainland Chinese law cannot be directly applied to regions outside the mainland, and Taiwan is another political entity. Applying this law to other countries and regions is tantamount to interfering in internal affairs. The so-called long-arm jurisdiction is legally unreasonable, has deviated from the normal attributes of law, and has infinitely politicized the law."
Racial discrimination has existed for a long time.
Chinese historian Mr. Wang told this station that China's ethnic policies have long institutionalized ethnic identity, which differs from the citizenship systems of some countries. He said, "American citizens' identification documents do not specifically indicate which ethnicity they belong to, but Chinese people's identification documents clearly state whether they are Han, Mongolian, Uyghur, or Hui. In fact, this ethnic policy itself is unreasonable."
Mr. Wang also said that the ethnic issues that have emerged in China in recent years are not caused by the ethnic minorities themselves. He said, "The language issue goes without saying, and the ethnic issues in the northwest are even more sensitive, with many people not even daring to mention them. The real problem is not that the ethnic minorities themselves have problems. These ethnic groups have coexisted in China for hundreds or thousands of years. There have been frictions and conflicts in history, but not in the situation we see today. Many of the bloody problems now are caused by the country's fundamental ideology and institutional arrangements; they are man-made."
Public records show that the Law on Promoting Ethnic Unity and Progress was adopted at the Fourth Session of the 14th National People's Congress on March 12, and promulgated by President Xi Jinping on the same day, taking effect on July 1. The law consists of 7 chapters and 65 articles, covering topics such as language and writing systems, publicity and education, safeguards and supervision, and legal responsibilities.
