China: New guidelines intensify attack on freedom of expression in Taiwan

On 21 June 2024, the Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security, Ministry of State Security, and Ministry of Justice of the People’s Republic of China issued alarming new guiding opinions under the 2005 Anti-Secession Law. The guidelines threaten to impose a maximum potential death penalty for a range of vaguely defined supporting ‘Taiwan independence’ activities. They allow Chinese courts to conduct trials in absentia and appear to apply to both Taiwanese nationals and foreigners alike, in an unacceptable escalation in Beijing’s assault on the freedom of expression of the people of Taiwan and the international community.

The new guidelines, which have already taken effect, outline a number of prohibited activities, which could effectively apply to anything under Beijing’s vague and overbroad definition of ‘Taiwan independence,’ including protected rights to freedom of expression, assembly, and association. For example, they prohibit establishing so-called secessionist organisations, promoting Taiwan’s membership in international organisations such as United Nations agencies, engaging in official exchanges with foreign governments or militaries, exercising academic, cultural, historical, or media freedoms in ways that contradict Beijing’s narrative on Taiwan, or providing financial support to Taiwanese causes disapproved by Beijing, among other open-ended activities. They further stipulate that anyone who colludes with foreign or overseas organisations, institutions, or individuals will receive harsher punishment. So-called ringleaders could face the death penalty, while other sentencing ranges from 10 years to life imprisonment.

Beijing claims Taiwan as its territory and has been ramping up foreign influence and manipulation operations, from military provocation to disinformation campaigning, especially in the past year.

At a press conference in Beijing on 26 June, a spokesperson for China’s State Council left the door open to China seeking the extradition of individuals accused under the law, which judging from Beijing’s recent rhetoric, could even include Taiwan’s newly elected president Lai Ching Te, who Beijing has accused of separatism. China has extradition agreements with at least 50 countries around the world. Some Taiwanese nationals have already been swept up in China’s larger global extradition campaign.

As a possible sign of the new risks to Taiwanese civil society abroad, last July Beijing issued arrest warrants and one million Hong Kong dollar bounties for eight Hong Kong democracy activists around the world. In December 2023, it announced additional million Hong Kong dollar bounties for five more overseas Hong Kong activists. China may engage in similar tactics against Taiwanese civil society or politicians moving forward.

In response to the new guidelines, Taiwan’s Mainland Affairs Council stated that ‘Beijing authorities have absolutely no jurisdiction over Taiwan, and the Chinese communists’ so-called laws and norms have no binding force on our people,’ and appealed to Taiwanese to ‘feel at ease and not to be threatened or intimidated by the Chinese Communist Party.’

In light of these new and alarming guidelines, ARTICLE 19 urges the international community to stand unequivocally against China’s escalating threats to freedom of expression toward Taiwan. It is imperative that governments around the world recognise the grave implications of these measures and respond with coordinated efforts to support Taiwan. We also call on countries with extradition treaties with China to reevaluate their policies urgently to ensure that no Taiwanese citizen is extradited under such problematic and unjust provisions. The international community must act now to safeguard the human rights and fundamental freedoms of the people of Taiwan and to resist any attempts by Beijing to undermine their freedom of expression, association, and assembly.