Human Rights Watch (HRW) on Sept. 28 warned [9] that pending legislation in China may lead to escalated repression of ethnic minorities and extend "ideological control" beyond the country’s borders.
The new legislation [12] imposes Mandarin language dominance in public life and education across all regions of the People's Republic. Article 15(3) of the law requires that "if it is necessary to issue documents in minority languages and scripts," the documents must be accompanied by Mandarin versions, with clear indication that "the national common language" is given "prominence."
Furthermore, the law introduces mandatory requirements in education, for families and home life as well as schools. Article 12 instructs authorities to "organize education" to ensure "correct views of the state, of history, of the nation, of culture and of religion." Article 20(2) creates legal obligations for parents to educate minors to "love the Chinese Communist Party."
Maya Wang, associate Asia director at HRW, noted concerns regarding the new law:
The Chinese government’s draft law on promoting ethnic unity seeks to mobilize the bureaucracy and society to unite people under Chinese Communist Party leadership at the expense of human rights… Tibetans, Uyghurs, and others who speak out for minority populations can expect even greater government repression.
The proposed legislation, entitled the Law on Promoting Ethnic Unity & Progress, was submitted to the National People's Congress [13] on Sept. 8. The law would fundamentally alter China's legal framework for minority rights. China currently observes a 1984 statute [14] called the Law of the People's Republic of China on Regional National Autonomy, which guarantees minorities the right to "use and develop their own spoken and written languages and their freedom to preserve or reform their own folkways and customs." The new law would effectively overturn the 1984 statute.
Particularly concerning is the new law’s extraterritorial [15] reach. Article 61 establishes legal penalties for "organizations and individuals outside the territory of the People's Republic of China" that "undermine national unity." HRW warned that the provision formalizes China's "transnational repression [16]" practices under domestic law. The vague terminology used in the provision may enable arbitrary enforcement against peaceful expressions of cultural identity even for those outside China's borders.
HRW called for international pressure to prevent the law's passage, arguing it would codify systematic oppression of ethnic minorities while expanding China's authority to suppress dissent globally.
From JURIST [17], Sept. 29. Used with permission. Internal links added.
