Ethnic Minority Rights
China's Employment Promotion Law (EPL) took effect on January 1, 2008. Provisions in the law prohibit discrimination based on factors including gender (Art. 27), ethnicity (Art. 28), disability (Art. 29), whether or not the job candidate is a carrier of an infectious disease (Art. 30), and whether or not the job candidate is a migrant worker (Art. 31). Article 62 of the law permits workers to initiate lawsuits in cases of alleged discrimination.
Discrimination in Xinjiang Production and Construction Corps Continues
On February 9, 2009, the UN Human Rights Council Working Group on the Universal Periodic Review (UPR) held a three-hour session to review China's human rights record. The UPR, which was created in 2006, is a new mechanism under which the UN Human Rights Council reviews the human rights records of all UN Member States once every four years. (See previous Congressional-Executive Commission on China analysis for background information on the review process.)
Authorities in the Inner Mongolia Autonomous Region (IMAR) have detained two Mongol men on charges of involvement with a pan-Mongolian organization and for attempting to organize a protest, according to a May 3 report from the U.S.-based Southern Mongolian Human Rights Information Center (SMHRIC). State security personnel detained Almas in the IMAR capital of Hohhot on April 30, 2009, while authorities detained Baoyu in Bogt (Baotou) city on the same day. According to the report, authorities detained them for involvement or alleged involvement in the "Pan-Mongolia Association," which authorities label as a separatist organization, as well as for alleged attempts to arrange a protest in Hohhot on the 62nd anniversary of the IMAR's founding on May 1. SMHRIC reported that Almas is the secretary of the Pan-Mongolia Association and that authorities alleged Baoyu was also involved in the organization.
Two central government agencies recently issued an outline to strengthen propaganda and education on the government and Communist Party's policy on ethnic issues, according to reports from Chinese media. The undated Outline Concerning Propaganda and Education on the Party and State's Ethnic Policy (Outline) was issued by the Central Propaganda Bureau and State Ethnic Affairs Commission and publicized in early February.
Hiring practices that discriminate against ethnic minorities have continued in the Xinjiang Uyghur Autonomous Region (XUAR), according to Congressional-Executive Commission on China (CECC) monitoring of job recruiting announcements from the past year. The CECC found employment advertisements posted on government Web sites that reserved positions for Han Chinese in civil servant posts, state-owned enterprises, and private posts, indicating direct government involvement in discriminatory practices, as well as implicit government endorsement of and failure to prevent discriminatory practices in private hiring. The practices contravene provisions in the PRC Constitution and in Chinese laws that forbid discrimination.
The Chinese government has directed schools throughout the country to implement "ethnic unity education," in a stated effort to promote Communist Party policy on ethnic minorities. The trial Guiding Program on Ethnic Unity Education in Schools, issued November 26, 2008, by the Ministry of Education and State Ethnic Affairs Commission (SEAC) and publicized in December (see a December 15 Xinhua report on the Central People's Government Web site), calls for "ethnic unity education" starting in grade three of elementary school and extending to high school and vocational schools.
The Chinese central government has issued direction on advancing science and technology development among ethnic minorities and in ethnic minority areas, combining potentially beneficial provisions with those that may clash with the protection of ethnic minority rights. The Opinion Concerning the Increased Strengthening of Science and Technology Work Among Ethnic Minorities and Ethnic Minority Regions (Opinion)--issued November 3 by the State Ethnic Affairs Commission, Ministry of Science and Technology, Ministry of Agriculture, and the China Association for Science and Technology--builds off of two national programs on science and technology as well as China's first "five-year" program devoted specifically to ethnic minorities and ethnic minority areas.
The Inner Mongolia Autonomous Region (IMAR) government has included focus on ethnic minority women in recent legislation on women's rights, but its impact may be limited given a track record across China of weak implementation of provisions to protect both women's rights and ethnic minority rights. The IMAR implementing measures for the national Law on the Protection of the Rights and Interests of Women (IMAR implementing measures), adopted November 14, 2008, and effective March 1, 2009, include three articles with provisions on ethnic minority women.
Authorities in the Inner Mongolia Autonomous Region (IMAR) have placed Mongolian rights activist and journalist Naranbilig under house arrest after detaining him for 20 days in March and April, according to reports from the U.S.-based Southern Mongolian Human Rights Information Center (SMHRIC). Naranbilig had planned to attend the United Nations (UN) Permanent Forum on Indigenous Issues in New York when authorities intercepted his invitation letter and detained him on March 23, according to an April 28 report from SMHRIC. Authorities prevented Naranbilig from consulting with a lawyer while he was detained, and his family members were not informed of the grounds for his detention or of his whereabouts. Authorities released Naranbilig on bail on April 23 and placed him under house arrest for one year, according to the report. They also confiscated his passport.