State Council Announces Provisions on Implementing the Regional Ethnic Autonomy Law

The State Council (SC) announced new Provisions on Implementing the Regional Ethnic Autonomy Law on May 31, just days after a National Conference on Ethnic Work ended and Communist Party leaders convened a special Politburo Meeting on Ethnic Affairs.

Several of the provisions' 35 articles deal with economic issues, promising increased state support for development in autonomous areas. The provisions list, for example, some guidelines for determining if central government exploitation of natural resources in minority areas truly benefits the local autonomous areas, as required by the 1984 Regional Ethnic Autonomy Law (REAL). The provisions require that the autonomous governments direct international donations and low-interest loans to minority areas "whenever conditions allow." The central government will encourage financial investment in minority areas and increase transfer funds to autonomous governments. The central government will "encourage, support, and lead" the development of the non-state owned economy in minority areas.

The provisions place a heavier emphasis than in the REAL on minorities learning the Chinese language, an issue that has caused much concern in Xinjiang . The provisions also actively encourage "talent from all levels and of all types to move to the autonomous areas" from economically-developed regions, where Han Chinese predominate. Although the government has encouraged Han Chinese migration into minority areas for decades, the provisions widen the range of recruits from the developed areas, confirm that they will receive preferential treatment, and provide work and educational assistance for their dependents.

The SC provisions address complaints that the REAL contains no enforcement or monitoring mechanisms. The provisions require that the State Ethnic Affairs Commission offices at every level of government monitor implementation of the provisions and submit findings and recommendations to their local governments each year. Relevant State Council offices, Autonomous Regional governments, and provincial governments having subordinate autonomous prefectures or counties must develop concrete implementation measures and report implementation progress to the SC. Any government official who "abuses his power, is derelict in his duties, or engages in favoritism or irregularities" in implementing the provisions will face criminal proceedings or administrative penalties, depending on whether or not his acts are criminal under relevant law.