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The Information Office of the State Council, China’s cabinet, recently released a white paper titled “China’s Legal Framework and Measures for Counterterrorism.” This document outlines China’s approach to combating terrorism and emphasizes its commitment to the rule of law.
In a recent white paper titled “China’s Legal Framework and Measures for Counterterrorism,” released by the Information Office of the State Council, Beijing lauds its tough stance on terrorism, particularly highlighting the implementation of the national security law in Hong Kong and anti-terrorism measures in Xinjiang. The document asserts that China’s counterterrorism efforts have been pivotal in bolstering its legal system over the past decade.
The Legal Framework: What Does it Entail?
- Specificity: The white paper likely details specific laws outlining terrorist activities. This could include definitions of terrorism, financing of terrorism, and recruitment activities. Are these definitions broad or focused on specific actions? Do they align with international standards?
- Investigative Procedures: The document likely outlines legal procedures for investigating suspected terrorism. These procedures should ensure due process, allowing suspects to defend themselves and challenge evidence. Does the white paper address concerns about arbitrary detention or limitations on legal representation?
- Penalties for Offenses: The paper will likely detail the punishments for terrorism-related crimes. Are the penalties proportionate to the offense? Does the system differentiate between violent and non-violent activities categorized as terrorism?
The white paper highlights several key areas:
The five-part white paper described how Beijing had confronted terrorism by revising existing laws and regulations and enacting a specialised anti-terrorism law. Among “other relevant laws”, the white paper said, the Hong Kong national security law “contains provisions on combating crimes of terrorism in the region and defines the relevant penalties”.
China’s legislature passed the sweeping law in 2020 to ban acts of subversion, secession, terrorism and collusion with foreign forces. It stoked fears of greater restrictions on civil freedoms and led to US sanctions against some senior officials from both Hong Kong and the central government. The white paper said several regions in China, including Beijing and Shanghai, had enacted their own counterterrorism rules.
China started drafting anti-terrorism legislation in April 2014, a month after an attack on Kunming railway station in which 31 people were killed, according to the white paper. The anti-terrorism law was then passed in December 2015 and amended in 2018.
Legal Framework: China has established a comprehensive legal framework for counterterrorism. This includes specific laws and regulations that define terrorist activities, prescribe investigative procedures, and outline penalties for terrorist offenses. China’s legislature has proposed amendments to a public security rule that would further empower police by giving them a legal basis to collect biological information in cases involving minor offences, vastly expanding a controversial practice currently used only in investigations related to terrorism, drugs and other serious crimes.
Balancing Security and Rights: Can They Coexist?
Addressing concerns about human rights, the white paper contends that China’s counterterrorism measures have been designed to safeguard human rights. It references three undisclosed cases in Xinjiang as evidence of this commitment. It highlighted deradicalisation regulations in the western Xinjiang Uygur autonomous region. The regulations in Xinjiang – which were passed in 2017 and revised in 2018 – listed behaviours deemed to be extremism by the authorities, including growing an “abnormal” beard and wearing a veil.
The comprehensive legal framework and practices discussed detail China’s approach to handling terrorism cases while ensuring the protection of individual rights and interests. Emphasizing strict adherence to legal criteria and procedures, measures such as detention and arrest are carried out in accordance with constitutional and legal provisions. The text highlights efforts to safeguard personal dignity, prohibit coercion in obtaining evidence, and ensure suspects’ rights to defense from the outset of proceedings. It also outlines measures to inform suspects and defendants of their rights, protect their access to legal relief, and ensure fair court proceedings, including provision for ethnic languages when necessary. Additionally, the passage discusses China’s efforts to prevent and combat terrorism by balancing security with social development, eradicating the ideological foundation of terrorism, and contributing to global and regional security and stability through international cooperation. Finally, it underscores China’s commitment to counterterrorism within the framework of the rule of law and calls for global collaboration based on mutual respect and equality.
- Human Rights Protections: The emphasis on balancing security and human rights is a critical aspect. The white paper said China’s counterterrorism measures had guaranteed human rights – including personal freedom, the right to a defence and the right to stand trial in the languages of ethic minority groups – citing three unnamed cases in Xinjiang as evidence.
- Freedom of Speech and Dissent: A key concern is how China balances counterterrorism with freedom of speech and dissent. Does the legal framework differentiate between legitimate dissent and activities deemed a threat to national security?
- International Cooperation: China recognizes the global nature of the terrorism threat and likely highlights its commitment to international cooperation in counterterrorism efforts. This may include collaboration on intelligence sharing, capacity building, and disrupting terrorist organizations.
The white paper also pledged that Beijing would support counterterrorism technologies to meet the challenges of artificial intelligence, encrypted communication and virtual currency.
Transparency and Public Understanding
The release of this white paper suggests China’s willingness to be transparent about its legal framework for counterterrorism. This can be seen as a positive step towards building trust and understanding with the international community.
Critical Considerations
While the white paper likely emphasizes China’s commitment to the rule of law, some may express concerns regarding the application of these laws in practice. Issues like freedom of speech and political dissent might be raised in discussions about counterterrorism measures.
It said China was “striking hard at unlawful and criminal terrorist activities” and had attached greater importance to the “education and rehabilitation of victims of extremist teachings who have committed only minor offences”, which it said could eliminate the “ideological basis” of terrorism.
Conclusion
The release of this white paper is a significant development in China’s approach to counterterrorism. It remains to be seen how effectively China can balance security concerns with upholding human rights in its counterterrorism efforts. It highlights China’s proactive approach to countering terrorism, emphasizing its enactment of comprehensive legislation and amendments to criminal laws. By establishing clear definitions and criteria for terrorist activities, China aims to ensure effective enforcement and safeguard human rights. Moreover, it emphasizes the standardized exercise of power and external oversight to maintain accountability and transparency in counterterrorism efforts. Through these measures, China aims to protect national security while upholding principles of justice and human rights, thereby contributing to global efforts against terrorism.
