China has implemented the Law on Promoting Ethnic Unity and Progress, which took effect on July 1. While the legislation focuses domestically on assimilationist policies, Article 63 has drawn international scrutiny for its assertion of extraterritorial reach. This provision claims that individuals and organizations outside of China can be held legally liable for actions deemed to “undermine ethnic unity” or “create ethnic division.”
Critics argue that this law differs significantly from Western examples of extraterritorial jurisdiction. While Western laws typically target specific, defined offenses such as bribery or human rights abuses, the Chinese provision relies on vague, politically elastic definitions. Furthermore, the law appears to target advocates for minority groups—such as Uyghurs and Tibetans—rather than perpetrators of crimes, and it lacks formal judicial procedures, instead leveraging the vulnerability of family members remaining within China.
This development follows the precedent set by the 2020 Hong Kong national security law, which also claimed jurisdiction over non-residents for acts committed abroad. Observers note that this formalizes existing patterns of transnational repression, including the use of informal overseas police stations and proxy coercion.
Experts suggest that democratic nations should respond by explicitly rejecting the law's validity within their borders and treating its enforcement as a criminal act. Recommended measures include strengthening protections for diaspora communities, utilizing existing anti-harassment and foreign interference laws against those carrying out coercion, and recognizing the new statute as evidence of potential persecution for asylum seekers.
Source: The Conversation
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