China's Ethnic Unity Law Sparks Concern Over Extraterritorial Reach

China's "Law on Promoting the Progress of Ethnic Unity" is set to take effect on July 1, introducing provisions that could extend beyond its borders and are attracting significant international scrutiny. The legislation's stated aim is to "forge a strong sense of community for the Chinese nation" and it encompasses a wide range of areas, including education, language, publishing, internet use, business activities, and religious practices, extending its reach to Hong Kong, Macau, Taiwan, and overseas Chinese communities.

The law outlines China's commitment to its system of ethnic regional autonomy, emphasizing the maintenance of national unity and solidarity. It explicitly states that organizations and individuals involved in organizing, planning, or implementing violent terrorist activities, ethnic separatism, or religious extremism will be prosecuted if they constitute a crime. Similarly, those who incite or fund such activities will also face legal consequences.

A key point of concern is Article 63, which stipulates that "organizations and individuals outside the People's Republic of China that carry out acts that undermine ethnic unity and progress or create ethnic division against the People's Republic of China shall be investigated for legal liability according to law." This clause has raised alarms among observers, including Japanese commentator and Tokyo official Shirakawa Tsuyoshi, who noted in the magazine President that criticizing China's ethnic or religious policies in Japan could potentially be deemed illegal under this law.

Shirakawa suggested that even Japanese individuals expressing support for Taiwan could theoretically fall under the purview of Article 63. In response, Taiwan's Mainland Affairs Council (MAC) Deputy Minister Liang Wen-chieh stated that Beijing is using various methods to intimidate international friends who support Taiwan. He indicated this was a reason for the MAC's stricter policy towards the Straits Forum. MAC Deputy Minister Shen Yu-chung had previously commented that while the law appears to target domestic ethnic minorities, its extraterritorial reach suggests Beijing might use it as a legal basis to address cross-strait issues and target "Taiwan independence" elements.