What’s China’s new ethnic unity law? | Explained
A new ethnic unity law, the Law on Promoting Ethnic Unity and Progress, came into effect in China on July 1. The Chinese government said
A new ethnic unity law, the Law on Promoting Ethnic Unity and Progress, came into effect in China on July 1. The Chinese government said the law aims to create a “shared” national identity among China’s ethnic groups by strengthening what is called the “community of the Chinese nation”. The law also gives legal backing to policies promoting Mandarin, ideological education and the ‘Sinicisation’ of religion, or aligning religious practices to Chinese laws. The UN Human Rights Office of the High Commissioner (OHCHR) expressed concerns that the law could threaten freedoms, especially for minorities and lead to forced assimilation. What is the new law about? China passed the Law on Promoting Ethnic Unity and Progress on March 12 to create a “shared” national identity among ethnic groups. China officially recognises 56 ethnic groups. The majority Han Chinese make up more than 90% of the population. According to the 2020 census, the ethnic minority population crossed 125 million, or 8.89% of the national total. This includes around 11 million Uyghurs and 7 million Tibetans. The legislation is the culmination of a policy trajectory that has been building for over a decade, beginning with the 2014 Central Ethnic Work Conference under President Xi Jinping.
Since then, provinces and municipalities, including Xinjiang (2015) and Inner Mongolia (2021), have enacted local “ethnic unity and progress” regulations. The new law elevates that approach into a nationwide legal framework. According to Article 1, the law was enacted to “promote national unity and progress”, strengthen “the sense of community of the Chinese nation”, and advance the “great rejuvenation of the Chinese nation.” The law, approved by the People’s Congress, the country’s ceremonial legislature, is designed to foster “a stronger sense of community among all ethnic groups in the Chinese nation,” said Lou Qinjian, a delegate to the NPC who introduced the proposal. Several provisions have drawn particular attention. According to Article 15 in the new law, Mandarin Chinese is mandated to be taught to all children before kindergarten and throughout the rest of compulsory education up to the end of high school. Article 46 requires religious organisations, schools and places of worship to promote the “Sinicisation” of religion and strengthen the sense of a shared Chinese national identity. “Sinicisation” of religion refers to aligning all religious practices within China to local laws and regulations.
The law’s ambit even extends beyond China’s orders. Article 63 states that any organisation or individual outside the territory of China that engages in acts that undermine national unity or create national division shall be held legally responsible, leading critics of the law to see it as enabling “transnational repression”. What are the implications? Human rights groups have expressed concerns about the law’s impact on religious freedoms. According to the law, it is formulated in accordance with China’s Constitution in order to promote national unity and progress. However, the Chinese Constitution states that “each ethnicity has the right to use and develop their own language” and “the right to self-rule”, while the Law on Regional Ethnic Autonomy promises limited autonomy to those groups, including allowing them to create flexible measures to develop their economies. Rights groups have pointed to provisions prohibiting acts that “undermine national unity” or “create national division”, warning that because these terms are broad and undefined, the law could be used to suppress peaceful expression, activism or cultural practices. Is the law about unity or assimilation? Sarah Brooks, Amnesty International’s Deputy Regional Director, said the law “does the opposite” of protecting minority communities.