Human Rights Watch condemns China’s judicial bullying of Taiwan Independence supporters

China has issued controversial judicial guidelines targeting "die-hard" supporters of Taiwanese independence, urging them to renounce their stance or face criminal penalties. Announced by the Taiwan Affairs Office in conjunction with various judicial and security agencies on June 21, these guidelines have been condemned by experts as a form of legal bullying that violates international human rights.

Based on China's "Anti-Secession" Law, Criminal Law, and Criminal Procedure Law, the guidelines categorize activities promoting Taiwanese independence as crimes punishable under Chinese law. According to Human Rights Watch (HRW), these guidelines permit trials in absentia and even the death penalty for advocating Taiwan’s independence.

This move is part of China's broader strategy to aggressively pursue its expansionist policies regarding Taiwan, despite having no jurisdiction over the region. Since the founding of the People’s Republic of China in 1949, Beijing has never governed Taiwan. Nonetheless, China’s threats against Taiwan's autonomy and its 23 million residents have escalated as the Chinese government seeks to suppress their basic freedoms.

China’s 2005 Anti-Secession Law previously issued vague threats against Taiwanese secessionist forces without specifying what constituted secessionists. The current guidelines, however, are more explicit, labeling all activities related to Taiwanese independence as crimes. This includes efforts to establish an independent Taiwan, forming separatist organizations, advocating for Taiwan’s entry into international organizations, and deviating from the Chinese narrative of Taiwan in education, culture, history, or news media.

HRW reports that these guidelines include broadly defined offenses, such as actions seeking to separate Taiwan from China and participation in Taiwanese separatist organizations. Additionally, the guidelines threaten Taiwanese individuals with trials in absentia, allowing criminal proceedings without the accused's presence, and impose severe punishments without distinction between Taiwanese and foreign nationals.

HRW highlights that China carries out the most executions globally, although the exact number remains a state secret. HRW opposes the death penalty in all circumstances due to its inherent cruelty. In response to these guidelines, Taiwan has increased its alert levels for Taiwanese nationals traveling to China, citing recent cases of arbitrary arrests, detentions, and interrogations orchestrated by Chinese authorities. The HRW report also suggests that these new guidelines are likely to further intimidate the approximately 150,000 Taiwanese nationals living in China, who often practice self-censorship to avoid persecution.

HRW has strongly condemned these guidelines, stating, “The new court guidelines are the Chinese government’s latest effort to control people’s right to freedom of expression beyond its borders. Everyone has fundamental rights and freedoms, including those who believe in or advocate for Taiwanese independence.”

China's imposition of a draconian National Security Law on Hong Kong in June 2020, following massive pro-democracy protests in 2019, is a parallel example of its oppressive tactics. The law reduced Hong Kong's judicial autonomy and facilitated the punishment of demonstrators and activists. While Taiwan and Hong Kong are distinct cases, both actions reflect the aggressive mindset of the Xi regime, which has been notably assertive legally, militarily, and economically.

China's actions in Taiwan and Hong Kong illustrate its broader strategy to silence opposition and control narratives. By imposing harsh legal measures and threatening severe punishments, China aims to intimidate and suppress any form of dissent or support for independence in Taiwan. This blatant disregard for international human rights standards calls for a unified global response to protect the rights and freedoms of those affected by China’s oppressive policies.

Experts noted that Ms. Tsai Ing-wen's term as Taiwan's president coincided with Xi Jinping's tenure, during which Chinese claims have become more aggressive. Xi Jinping has reiterated that China will "surely be reunified" with Taiwan, setting 2049 as a target date for "achieving the Chinese dream." In January 2024, Taiwan elected Ms. Tsai's vice-president, William Lai, as president, whom China has branded a "separatist." Military drills occurred in his first week in office, with Beijing describing them as a "strong punishment" for "separatist acts" and singling out Mr. Lai as the "worst of all" Democratic Progressive Party (DPP) presidents.

In addition to its stance on Taiwan, China has also expressed strong opposition to the "military collusion" between the U.S. and Taiwan. A Chinese official recently urged Washington to immediately cease any official interactions with the island, reaffirming that Taiwan is an inalienable part of China's territory.

China's new legal guidelines against Taiwanese separatists not only threaten the autonomy and freedoms of people in these regions but also set a dangerous precedent for other nations. The international community must stand in solidarity with Taiwan, condemning China's aggressive policies and advocating for the protection of the fundamental human rights of the people of Taiwan.