China’s “Law on Promoting Ethnic Unity and Progress” officially came into effect today. Taiwanese national security officials warned that the scope of those affected will be quite broad, including overseas Uyghurs, Tibetans, Mongolians, overseas Chinese dissidents, foreign parliamentarians, politicians, journalists, scholars, think tank researchers, Taiwanese officials and ordinary citizens, multinational corporations and supply chain manufacturers, online platforms and religious groups, all of whom may become targets of pressure or sanctions by China under this law.
China’s “Law on Promoting Ethnic Unity and Progress” will come into effect today. The law has 63 articles and provides detailed regulations on China’s ethnic policies, especially “strengthening the sense of community of the Chinese nation,” exchanges among ethnic groups, and coordinated regional development in ethnic minority areas.
Taiwanese national security officials stated that this is the world’s first law to institutionalize transnational repression through domestic legislation. It not only provides China with a basis for holding foreign individuals accountable, but also, under the guise of “national unity,” extends ideology, political loyalty, and national security globally, which will have a profound impact on the international community.
Taiwanese national security officials said that the law is based on the core concept of “strengthening the sense of community of the Chinese nation,” but the real targets of the law are not only people within China, but also residents of Hong Kong, Macao and Taiwan, overseas Chinese, and anyone in the world that China deems to be involved in “undermining national unity” or “national separatism,” thus having obvious extraterritorial application characteristics.
Taiwanese national security officials stated that Articles 20, 62, and 63 of the National Unity Law are the most noteworthy. Article 63 stipulates that any foreign organization or individual, if identified by China as having engaged in acts of “undermining national unity” or “national separatism,” can be held accountable under the law, regardless of nationality or region. Article 62 criminalizes acts such as “incitement” and “support,” but the definitions are entirely determined by the Chinese government, granting law enforcement a high degree of arbitrariness.
Regarding Article 20, national security officials said that the law requires families to educate minors to love the Chinese Communist Party and not to instill ideas that are detrimental to national unity. This extends political ideology to family education and directly contradicts the basic rights guaranteed by the Convention on the Rights of the Child.
Taiwanese national security officials stated that, based on the opinion of a joint letter from UN human rights experts to the Chinese government in April of this year, the National Unity Law violates at least 12 international human rights norms, including the Convention on the Rights of the Child, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights, and the Charter of the United Nations. The European Parliament also passed a resolution at the end of April, demanding that China abolish or significantly amend the relevant provisions.
Taiwanese national security officials analyzed that China has previously used methods such as overseas police stations, cross-border harassment, red notices, Operation Fox Hunt, and Operation Skynet to pressure foreign individuals. Now that these actions will be legally authorized, transnational repression will become more institutionalized and will further impact the sovereignty of democratic countries and the international legal order.
Taiwanese national security officials warned that after the law takes effect, Taiwanese citizens traveling to China, Hong Kong, and Macau, especially journalists, scholars, NGO workers, and business people who have publicly commented on issues such as Xinjiang, Tibet, Hong Kong, and Taiwan, should be more aware of the risks, as their electronic devices and social media accounts may also be subject to inspection.
Taiwanese national security officials stated that the National Unity and Progress Promotion Act has three main characteristics: vague standards for conviction, the first time transnational suppression of Chinese culture has been criminalized, and the full criminalization of “incitement” and “funding.” The aim is to sever the connection between China’s democracy and human rights initiatives and the international community, and to legitimize cross-border law enforcement through the law.
Taiwanese national security officials emphasized that this law is not merely internal Chinese legislation, but a challenge to universal human rights and the rules-based international order; it can be described as “institutionalizing and legalizing systematic persecution in the name of national unity.” With the law officially taking effect on July 1st, its subsequent enforcement and impact on Taiwan and the international community warrant close monitoring.
