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The State Council Information Office published its second white paper on the fight against terrorism on January 23. It follows the white paper titled The Fight Against Terrorism and Extremism and Human Rights Protection in Xinjiang, published in 2019.
In contrast to the first one, the latest white paper, titled China’s Legal Framework and Measures for Counterterrorism, focuses on the Chinese Government’s legislative work in the fight against terrorism. Not including the preface and conclusion, the document consists of five parts: An Improving Legal Framework for Counterterrorism, Clear Provisions for the Determination and Punishment of Terrorist Activities, Standardized Exercise of Power in Fighting Terrorism, Protection of Human Rights in Counterterrorism Practices and Effective Protection of People’s Safety and National Security.
The white paper indicates that China has developed a coherent and consistent legal system to support its counterterrorism efforts, thereby safeguarding the welfare, security and human rights of its people.
Consistent with laws
Terrorism is a common enemy of humanity and the target of joint action by the international community. The long-term global spread of terrorism has been the cause of many tragedies.
To fight against terrorism while protecting human rights, the UN has formulated a series of international legal instruments for the suppression of terrorist attacks, such as the International Convention for the Suppression of Terrorist Bombings and the UN Global Counter-Terrorism Strategy.
In 2017, the UN established the Office of Counter-Terrorism. As a permanent member of the UN Security Council and a country that has suffered greatly from terrorism, China, while holding up the principles and spirit of the UN Global Counter-Terrorism Strategy, has earnestly implemented the Plan of Action to Prevent Violent Extremism and combated international terrorist organizations, including the East Turkestan Islamic Movement, which was designated a terrorist organization by the UN Security Council in 2002.
China has also strengthened its efforts to establish a counterterrorism legal system in collaboration with its neighboring countries. Within the framework of the Shanghai
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Cooperation Organization (SCO), China and other members have signed the Shanghai Convention on Combating Terrorism, Separatism and Extremism and other agreements related to regional security. This has formed a comprehensive legal system that provides a solid legal basis for the SCO member countries to jointly fight against the “three evil forces” of separatism, extremism and terrorism.
China’s counterterrorism efforts have strong legal support from its laws. The Constitution of the People’s Republic of China sets out the fundamental system of the state and the fundamental rights and obligations of citizens. The preamble includes a statement of the country’s foreign policy, vowing to promote the “building of a human community with a shared future” and strive to “safeguard world peace and promote the cause of human progress.”
Article 33 of the Constitution stipulates that “the state shall respect and protect human rights.” Terrorism jeopardizes China’s national security, violates China’s Constitution and laws, and seriously undermines the human rights of the Chinese people. Therefore, fighting against terrorism is a legitimate responsibility of the government stipulated in the Constitution, and also a must-do to protect the Constitution.
A significant portion of Chinese legislation lays the legal groundwork for counterterrorism efforts. The Criminal Law stipulates several crimes related to terrorist activities and makes special provisions for the penalties for such crimes. The Criminal Procedure Law regulates the proceedings in cases of terrorist crimes, and the National Security Law and the Counterterrorism Law were enacted in 2015.
Protecting human rights
The right to life isthe fundamental value of astate and society, and the freedom from fear, considered as one of the four fundamental freedoms, is listed in the Universal Declaration of Human Rights, adopted in 1948.
Violent terrorist activities have caused many casualties in China over a long period. According to the 2019 counterterrorism white paper, between 1990 and the end of 2016, separatists, religious extremists and terrorists plotted and carried out several thousand acts of terrorism such as bombings, assassinations, poisonings, arson, assaults and riots in Xinjiang Uygur Autonomous Region in northwest China. Also, during attacks at Kunming Railway Station Square in Yunnan Province on March 1, 2014, terrorists killed 31 people and wounded another 141.
After the Counterterrorism Law came into force in 2016, violent terrorist attacks have been drastically reduced. There have been no terror attacks in the country over the past five years, and people’s right to life has been fully guaranteed and is no longer threatened by terrorism.
Combating terrorism has also guaranteed economic rights. A stable and safe environment is an important precondition for people to work and do business. Since reform and opening up began in the late 1970s, China’s economy has maintained rapid and stable growth in general, but some areas were long affected by terrorism which disrupted local social stability and impeded economic development.
China has achieved two miracles—rapid economic growth and lasting social stability. Undoubtedly, adopting law-based approaches to counter terrorism is an important and effective means to safeguarding the development process. The Chinese people have had a stronger sense of fulfillment, happiness and security in recent decades, along with a continuous improvement in their living standards. In the eight years prior to the end of 2020, nearly 100 million rural residents were lifted out of poverty and China’s
per-capita GDP reached 89,358 yuan ($12,555) in 2023.
Combating terrorism has also protected the freedom of religious belief. Freedom of religious belief is a fundamental right enshrined in China’s Constitution. Terrorism and religious extremism have long been intertwined, stirring up unrest in multiple regions. Terrorists and religious extremists exploited ethnicity and religion to instigate fanaticism and hatred, misled and incited the masses, intimidated believers into engaging in violent crimes, and, by forcing compliance, violated people’s freedom of religious belief and other human rights. Terrorism is a serious obstacle to the development of human rights. By combating terrorism and religious
extremism by law, Chinese citizens’ freedom of religious belief has been better secured.
As detailed in the newly released white paper, China has found a path of law-based counterterrorism that conforms to its realities by establishing a sound legal framework, promoting strict, impartial, procedure-based law enforcement, and ensuring impartial administration of justice and effective protection of human rights.
China’s counterterrorism efforts are an important part of the global fight against terrorism. As stated in the white paper, China, in combating terrorism, always champions the common values of humanity, complies with UN norms and principles, and conforms to its own national conditions and legal institutions.