China's new ethnic law explained: Can Beijing target activists overseas?

China's government says 'ethnic unity' law safeguards national unity. However, critics argue it broadens the legal basis for pursuing ethnic minority activists, including some based overseas

China is set to enforce its 'ethnic unity' law from July 1, marking one of the most controversial legal steps by the Communist government to formalise the country's ethnic integration policies.

 

China passed the controversial law in March this year to create a "shared" national identity among the country's 55 recognised ethnic minority groups, which include Tibetans and Uyghurs.

 

The new law includes a clause stating that people and groups beyond China's borders can be held legally accountable for undermining "ethnic unity and progress or inciting ethnic separatism".

 

What does the law actually say?

 

The law, titled 'Promoting Ethnic Unity and Progress', seeks to forge national unity and force non-Han to integrate with the Han majority, Reuters reported.

 

 

There are 56 recognised ethnic groups in China, with the Han Chinese accounting for more than 91 per cent of the country's 1.4 billion population. The minority populations, including Tibetans, Mongols, Hui, Manchus, and Uyghurs, are concentrated in regions that together cover roughly half of the country's land area.

 

According to the report, the new law aims to promote integration across ethnic groups through education, housing, migration, culture, tourism, and development policy, also mandating Mandarin as the language of instruction in schools, public places and official business.

 

The legislation requires parents and schools to legally instill a shared national identity and loyalty to the Communist Party and the nation in children.

 

The provision in the law empowering Beijing with the right to target people outside China's borders who engage in activities deemed "separatist" or contrary to ethnic unity has created widespread outrage.

 

Article 63 of the law holds such individuals and groups liable for such actions.

 

How does Beijing define separatism?

 

This is an important question surrounding China's new ethnic law because "separatism" is defined much more broadly in the country's law than many people assume. The definition is not limited to someone taking up arms or declaring independence. In many cases, speech, advocacy, fundraising, cultural activism or even symbolic acts can be treated as separatism if authorities believe they threaten national unity, the report said.

 

China considers advocacy for the independence of Taiwan, Tibet, Xinjiang or any other part of its territory as separatism. The government argues that groups promoting ethnic independence, secession or supporting violent extremism threaten national security and social stability. The laws dealing with such activities have become more stringent over the years.

 

On the other hand, human rights organisations claim the definition of separatism is often applied broadly, often involving peaceful advocacy, cultural activism or criticism of government policies.

 

Can a foreign activist be targeted under Chinese law?

 

The new “ethnic unity” law does not by itself give China the power to arrest individuals in another country. It creates a legal basis under Chinese law to hold certain people outside China liable. China cannot lawfully enforce its domestic laws on foreign soil without the cooperation of the country where the person is located.

 

According to Xinhua, Vice Minister of Justice Hu Weilie maintained that enforcement beyond the country’s borders will be carried out strictly in accordance with law and in a rule-based manner “without prejudice to normal cross-border people-to-people exchanges, and other academic, trade and investment activities".

 

In the past, many rights groups have complained that the country has attempted to use Interpol "red notices" to try and get foreign governments to arrest people abroad it wants for political offences at home.

 

The Chinese government may also seek the extradition route but such actions against overseas activists are rare and typically limited to countries with close diplomatic and security ties with China.

 

Criticisms against the law

 

Academicians and civic groups across Taiwan expressed fears about the extraterritorial provisions in China’s new ethnic law, saying it could expose Taiwanese to legal and political risks, Taipei Times reported.

 

It cited Hung Pu-chao, deputy head of Tunghai University’s Center for Mainland China and Regional Development Research, as saying that the law could lead to entry bans, sanctions, public naming and shaming, and business pressure on Taiwanese.

 

The Taiwanese with jobs and businesses in China could reportedly be among the first impacted by the law, with academics, journalists, civic groups and public commentators facing greater political risks.

 

A national security official told Taiwan’s Central News Agency that issues involving Taiwan’s sovereignty and human rights in Xinjiang and Tibet could all be deemed acts that “undermine ethnic unity".

 

Countering the claims in the Western media, Chinese Vice Minister of Justice Hu Weilie told a news conference in Beijing that some outlets had “distorted and misinterpreted” the overseas provision.

 

“This provision is based on China’s national conditions, conforms to legal principles and is consistent with international practice,” Hu said. “It is a legitimate, lawful, necessary and feasible legal provision,” Reuters quoted him as saying.

 

“I am very concerned about China’s counterterrorism and assimilation policies, particularly as they affect minorities in the Xinjiang, Inner Mongolia and Tibetan regions,” United Nations High Commissioner for Human Rights Volker Türk said, reported the Central Tibetan Administration (CTA). He added that the law could deepen existing restrictions on minority communities.