China's Legal Framework and Measures for Counterterrorism: A Way Forward - ANALYSIS

Analytics 18:00 20.02.2024

Ednews reprints the article "China's Legal Framework and Measures for Counterterrorism: A Way Forward" by Executive Director: The Center for South & International Studies (CSAIS).

Most recently, China's State Council Information Office has released a white paper titled "China's Legal Framework and Measures for Counterterrorism which vividly reflects the strategic importance of the Chinese wisdom to eradicate terrorism and dangerous tendencies through legal measures. It is China’s first national white paper on this particular issue which is drafted on the core injunctions of international jurisprudence i.e. immortality, transparency, accountability, and openness with certain checks & balances. Ultimately, it negates all false and fake propaganda about the so-called Chinese whims & wishes-based measures about the safety and security of the people, especially the minorities.  

It is law and people’s centric covering all aspects of humanity, human values, protection of basic rights and last but not least, safety and security of the common people while fighting against terrorists. Thus it is holistic, comprehensive and logic based national strategies, combating terrorism by holding sagacity of law and neutrality of the judicial system having human face by discouraging naked use of force. Its basic five parts consisting of “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" shows the Chinese humanistic spirits to initiative numerous counter terrorism measures without violating basic human rights and freedoms. Thus, it is the first strategic road map which has even globalized implications further enhancing effectiveness of national, regional as well as international counter terrorism measures in the days to come.  The noting and terming of this white paper, terrorism as the common enemy of humanity, posing a serious threat to global peace is the central theme covering all shades and risks to security systems and challenges to all countries and all humanity has universal appeal urging all members of the international community share the responsibility to fight it. 

Therefore, it clearly demonstrates Chinese spirits of joint working, international cooperation, openness, transparency  and sharing responsibility to overcome this menace causing socio-economic decline, social disintegration, political instability and compromising of national sovereignty and territorial integrity around the globe. The white paper also highlights Chinese strong resolve to fight and eliminate terrorism and terrorist activities. China has long faced its real threat. China has been striving hard to launch/initiative law-based counterterrorism efforts, and has rich and diversified real expertise and experience by concluding or joining international conventions and treaties and amending and improving criminal laws should be appreciated. 

Obviously, the document has rightly showcased China’s constant and continued law-based persuasions of counterterrorism that imitates to its realities through building and following a sound legal framework, promoting stringent, unbiased, procedure-based law enforcement, and ensuring objective administration of justice and effective protection of human rights. Resultantly, the policy makers of China have successfully safeguarded domestic and public security, protected people's lives and property, and contributed to global and regional security and stability. The Chinese white paper rightly pinpoints that counterterrorism should be humanistic through the complete compliance with the norms and principles of the United Nations, and adapt to their own national conditions and legal institutions should be essential part of the global efforts to combat terrorism under the rule of law.  Upholding the vision of a global community of shared future, China is willing to work closely with other countries to push forward counterterrorism cause as part of global governance.

It sums up the characteristics of its counter-terrorism efforts over the past decades and exploration of the path of law-based counter-terrorism work.The seven-part white paper. In the foreword, it expounds on the necessity of counter-terrorism legal governance and outlines the framework for implementing counter-terrorism legal governance construction. This white paper is China's first systematic exposition of the legal system and practice of its counter-terrorism work, which will help the outside world gain a comprehensive understanding of the country's counter-terrorism legislation and practices. 

It will also help dispel disinformation and refute rumors, especially on China's counter-terrorism efforts in its Xinjiang Uygur Autonomous Region.

In the main body, the white paper reviews the improvement of the legal framework concerning efforts in counter-terrorism in China, expounds on the clear provisions for determination and punishment of terrorist activities, shows how individuals' human rights have been protected in accordance with laws during the counter-terrorism work, and displays the achievements of China's efforts in fighting terrorism.

The State Council Information Office has previously released several white papers relating to counter-terrorism work in China's Xinjiang region and they mainly focused on counter-terrorism, de-radicalization, human rights protection, and vocational education and training, showing the progress Xinjiang has made in terms of human rights protection.

The white paper most recently released is no longer limited to Xinjiang region, but focuses on the whole country, providing a more systematic exposition of China's counter-terrorism legal system.

Operationalization of regulated procedures and channelization administrative resources and management responsibility and external oversight strengthened to ensure the standardized and orderly exercise of power in the handling of such cases.

Chinese law prescribes the powers and responsibilities of law enforcement and judicial agencies in handling cases. ‪Impartiality, transparency, openness and accountability with no violation of the law of land in case management.

‪In terms of strengthening external oversight, the document noted that the powers of law enforcement and judicial agencies are subject to external oversight from people's congresses, the Chinese People's Political Consultative Conference and the public, as well as to statutory and internal oversight. ‪Human rights protected in China's counterterrorism practice ‪China regards respecting and protecting human rights as an underlying principle in improving its legal framework and practices in the field of counterterrorism.

‪In summary, the Chinese government has succeeded in curbing the spread of terrorism, protecting citizens' rights to life, health and property, and maintaining social stability, while taking firm actions to protect the lawful rights and interests of citizens and organizations, and guard against discrimination based on geographical area, ethnic group or religion.

‪ China organizes relief and provides medical treatment for victims, and evacuates and relocates potential victims. ‪The Chinese counterterrorism work has contributed to regional and global security and stability.

‪China has joined 12 global counterterrorism conventions and facilitated the formulation of documents such as the Shanghai Convention on Combating Terrorism, Separatism and Extremism and the Shanghai Cooperation Organization Member States Agreement on Border Defense Cooperation, playing an important role in maintaining international and regional security and stability. 

 

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