China’s National Security Law, enacted on July 1, has been widely criticised for further restricting the rights and freedoms of Tibetan and other minority individuals and communities. The law broadens legal cyber censorship and gives local authorities near unlimited discretion to curb anti-government dissent.
The Articles contained in the National Security Law provide broad objectives whilst providing very little detail as to how state agencies must achieve these objectives. Given the broad definition of “dissent” within the law, this new law essentially legitimises any practice deemed necessary to maintain state control of the Tibetan population.
Restrictions on the Tibetan population are particularly catered for: Article 27 specifically prohibits acknowledgement of the Dalai Lama, whilst Article 77 allows the imposition of collective punishments for “failure to provide conditions to facilitate national security initiatives”. Under this article any person suspected of facilitating, engaging or sympathising with self-immolators can be lawfully arrested and detained under the charge of failing to prevent self-immolation.
UN High Commissioner for Human Rights, Mr Zeid Ra’ad Al Hussein
Photo: Tibetan Review
The state practices of unprovoked aggression, close surveillance and political and cultural repression of the Tibetan community are likely to continue. What has changed, however, is that the previously unlawful actions of local Chinese authorities are given legal backing through the new Law. Articles within the law feature broad definitions and vague guidelines that favour state discretion on security issues, an intentional legal loophole allowing any acts by local authorities on behalf of “state security” to be sanctioned under domestic Chinese law.
International human rights advocates, including the most senior United Nations Human Rights Officer ZeidRa’ad Al Hussein, have criticised the National Security Law as giving Chinese officials unrestricted power over individuals within China’s borders, including Tibetans. China maintains that the National Security Law is a domestic affair, and has not otherwise reacted to international criticism.
The National Security Law is the first of a three-part security overhaul proposed by the Chinese Ministry. For Tibetans living under Chinese rule, it is likely that conditions of militant cultural and religious repression will not change. Under this new set of laws, actions by local authorities will have increased support within China’s legal framework.
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