The Legal Contradictions of China’s Ethnic Unity Promotion Law　— A Multi-Level Analysis of Assimilation, Law, and International Order —

2026-03-20 SMC Press, reports 0

The Legal Contradictions of China’s Ethnic Unity Promotion Law

— A Multi-Level Analysis of Assimilation, Law, and International Order —

Olhunud Daichin
Co-Chair, South Mongolia Congress

■ Abstract

This paper examines the draft Ethnic Unity Promotion Law currently under consideration by the Chinese government. While officially framed as a law to promote “ethnic unity” and “equality,” its substantive function is to institutionalize assimilation through language, education, culture, and governance.

The analysis is conducted across six dimensions: (1) constitutional order, (2) regional ethnic autonomy, (3) language policy and social impact, (4) international human rights law, (5) political philosophy, and (6) the relationship between language and state power.

The findings suggest that the law is not merely a domestic policy instrument but raises fundamental questions about the relationship between state integration and the rights of ethnic groups within the contemporary international order.

■ I. Introduction

The Chinese government is currently advancing the draft Ethnic Unity Promotion Law. While the law emphasizes “ethnic unity” and “equality,” its core objective is the construction of a unified national identity centered on the concept of the “Chinese Nation Community.”

This law goes beyond symbolic or declarative provisions. It constitutes a comprehensive framework affecting education, language, culture, governance, and social regulation.

This paper aims to analyze the structure of this law and clarify its legal, institutional, and international implications.

■ II. Relationship with Constitutional Order

Article 4 of the Constitution of the People’s Republic of China guarantees equality among ethnic groups and affirms the freedom of minority nationalities to use and develop their own languages and cultures.

However, the draft law emphasizes:

  • The promotion of the national common language (Putonghua) (Article 15)
  • The use of unified national textbooks in education (Article 16)
  • The strengthening of a unified national identity

These provisions raise important questions regarding their relationship with the constitutional guarantees of linguistic and cultural autonomy.

This suggests a structural tension between:

the principle of ethnic diversity and policies of national integration.

■ III. Transformation of the Regional Ethnic Autonomy System

China has historically maintained a system of regional ethnic autonomy designed to preserve the cultural, linguistic, and social characteristics of ethnic minorities.

Recent policy developments, however, emphasize:

  • The “Chinese Nation Community”
  • Unified national education
  • Language standardization

The draft law appears to institutionalize this shift.

As a result, while autonomy may remain formally intact, its substantive content may be undergoing transformation.

■ IV. Language Policy and Social Impact

Language is not merely a tool of communication; it is a carrier of culture, history, and collective identity.

The provisions on:

  • Promotion of Putonghua (Article 15)
  • Standardization of education (Article 16)

have the potential to reshape linguistic environments through institutional mechanisms.

Such policies may influence:

  • Educational systems
  • Social participation
  • Cultural continuity

Thus, language policy must be understood not only as cultural policy, but also as a structural element of social organization.

■ V. Relationship with International Law

International legal frameworks recognize the importance of linguistic and cultural rights, including:

  • ICCPR (Article 27): Rights of minorities to enjoy their culture and use their language
  • ICESCR (Article 15): Cultural rights
  • UNDRIP: Rights to language and education

The draft law includes provisions such as:

  • Regulation of speech deemed harmful to ethnic unity (Article 56)
  • Prohibition of “external interference” in ethnic affairs (Article 10)

These provisions raise concerns regarding:

  • Freedom of expression
  • International human rights monitoring
  • The role of civil society

Therefore, the law extends beyond domestic governance and becomes a matter of international legal concern.

■ VI. Political-Philosophical Considerations

Ethnic policy inherently presupposes the existence of distinct ethnic identities.

However, when a state seeks to construct a unified identity through institutional means, the relationship between diversity and integration becomes a central issue.

In this sense, the draft law represents:

an attempt to redefine the balance between diversity and state integration.

■ VII. Language and Power

Language plays a central role in state governance.

The promotion of a national common language determines access to:

  • Education
  • Administrative systems
  • Social mobility

Thus, language policy should be understood as:

a structural instrument of state power, not merely a cultural measure.

■ VIII. Conclusion

The Ethnic Unity Promotion Law represents a comprehensive framework for restructuring the relationship between the state and ethnic groups through language, education, culture, and governance.

As demonstrated in this analysis, the law operates across multiple levels:

  • Constitutional order
  • Institutional structure
  • Social impact
  • International law
  • Political thought

In particular, provisions concerning language promotion (Article 15) and educational standardization (Article 16) highlight the role of language and education in reshaping social structures.

Moreover, regulations on speech (Article 56) and restrictions on external engagement (Article 10) indicate that the implications of this law extend beyond domestic governance and require international attention.

Therefore, the law should not be understood solely as a domestic policy issue, but as a matter that raises fundamental questions about:

the relationship between state integration and the rights of ethnic communities in the contemporary international order.

The preservation of language and culture is not a peripheral concern, but a foundational element of social sustainability and diversity.

As such, this issue warrants careful consideration within the broader framework of global human rights and international norms.