China’s New ‘Ethnic Unity’ Law Sparks Concerns Over Legal Risks for Taiwanese

Taipei: Taiwanese scholars and civic groups have raised concerns that extraterritorial provisions in China's new "ethnic unity" law, set to take effect on July 1, could expose Taiwanese people to legal and political risks.

According to Focus Taiwan, the Ethnic Unity and Progress Promotion Law was adopted by China's top legislature on March 12. It aims to "forge a strong sense of community for the Chinese nation," including fostering among Taiwanese a stronger sense of belonging to the Chinese nation and identity as Chinese. Article 63 of the law also states that organizations and individuals outside China who engage in acts against China that "undermine ethnic unity and progress or promote ethnic separatism shall be held legally liable in accordance with the law."

Hung Pu-chao, deputy head of Tunghai University's Center for Mainland China and Regional Development Research, speculated that the law could lead to entry bans, sanctions, public naming and shaming, and business pressure on Taiwanese people. Those frequently traveling across the Taiwan Strait, or who have jobs, investments, or family ties in China, could be among the first affected. Scholars, journalists, civic groups, and public commentators could also face greater political risks.

Shen Yu-chung, deputy head of Taiwan's Mainland Affairs Council, commented in March that while the legislation appeared to target ethnic minorities in China, its extraterritorial provisions and references to promoting ethnic unity and national unification could allow it to spill over into cross-strait affairs. An anonymous national security official noted that, in China's political context, issues involving Taiwan's sovereignty and human rights in Xinjiang and Tibet could all be deemed acts that "undermine ethnic unity."

The official further added that Taiwanese scholars arguing Taiwan is not part of China, foreign media reporting on human rights in Xinjiang, or foreign politicians publicly supporting Taiwan's participation in international organizations could all be unilaterally deemed illegal by Beijing. Taiwan Alliance, a coalition of pro-Taiwan civic groups, expressed "strong condemnation and deep concern" over the law, describing it as "a tool for transnational repression."