China Primer: Human Rights

China Primer: Human Rights

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Updated September 8, 2022
China Primer: Human Rights
Overview and U.S. Policy
restrictions on a wide range of human rights” and may
The U.S. Department of State describes the People’s
constitute crimes against humanity. It calls on China to
Republic of China (PRC) as an “authoritarian state in which
“release all individuals arbitrarily deprived of their liberty”
the Chinese Communist Party [CCP] is the paramount
and “urgently repeal” all discriminatory laws and policies
authority.” Some analysts argue mainland China is heading
against Uyghurs and other Muslim minorities in the XUAR,
in a totalitarian direction, as it is characterized by leadership
among other recommendations. In 2022, China ratified two
that is dominated by one person, CCP General Secretary Xi
International Labor Organization conventions on forced
Jinping, increasing ideological conformity, and greater state
labor, although it denies that forced labor exists in Xinjiang.
control over society enhanced by the use of digital
technologies. The CCP for decades has maintained power
Selected Human Rights Issues
through a mix of repression and responsiveness to some
Under Xi’s leadership, China has further restricted and
public preferences, delivering prosperity to many citizens,
suppressed civil society, religious groups, human rights
co-opting the middle and educated classes, and stoking
defenders, speech, and academic discourse. The
nationalism to bolster its legitimacy and squelch dissent.
government has enacted laws and policies that enhance the
(For information on the Hong Kong Special Administrative
legal authority of the state to counter perceived ideological,
Region, see CRS In Focus IF12070, China Primer: Hong
social, political, and security threats. It has closed much of
Kong.)
the space that had previously existed for limited social
activism, such as that relating to environmental issues,
The U.S. government employs various policy tools to
women’s rights, and gay rights. In 2021, the government
support human rights in China (see “Selected U.S. Policy
widened the tightening of freedoms to include some
Tools” below). Since 2019, the United States has imposed
relatively non-political entities, such as tech giants, private
relevant visa, economic, and trade-related sanctions and
education companies, and social media influencers.
restrictions, particularly in response to reports of mass
detentions and forced labor of ethnic Uyghur Muslims in
The Department of State’s annual report on human rights
the Xinjiang Uyghur Autonomous Region (XUAR). Most
practices states that in 2021, “[PRC] authorities continued
recently, the Uyghur Forced Labor Prevention Act
to impose ever-tighter control of all print, broadcast,
(UFLPA; P.L. 117-78) restricts XUAR-related imports due
electronic, and social media and regularly used them to
to concerns over forced labor. To date, the PRC
propagate government views and CCP ideology.” The PRC
government appears to have generally resisted outside
government oversees one of the most extensive and
pressure to change its policies in the XUAR and elsewhere
stringent internet censorship systems in the world, which
that observers contend violate human rights. As Congress
includes blocking major U.S. news and social media sites
considers this challenge, Members may conduct oversight
and censoring domestic social media platforms. In 2021,
of implementation of the UFLPA and other relevant laws,
PRC authorities blocked Signal, a U.S.-based messaging
assess the impact of these and other policy tools, and
app popular with Chinese social activists, dissidents, and
evaluate the implications of any additional actions.
journalists. PRC internet platforms have censored online
Considerations may include whether/how to strengthen
criticism of Russia’s invasion of Ukraine and disseminated
punitive measures against the PRC government; coordinate
pro-Russian views and misinformation about the war. An
greater international pressure on China to abide by
online video (“Voices of April”) compiling audio
international human rights standards; modify relevant
recordings of people describing the severe 2022
democracy and human rights assistance programs; or
Coronavirus Disease 2019 (COVID-19) lockdown in
promote greater access to Xinjang and information about
Shanghai circulated widely before authorities blocked it.
the conditions facing ethnic minorities.
Selected Recent Developments
Further Reading: CRS Report R46750, Human Rights in
China and U.S. Policy: Issues for the 117th Congress; CRS In Focus
The Biden Administration did not send a U.S. official
IF10281, China Primer: Uyghurs; CRS Report R43781, The
delegation to the Winter Olympic Games held in February
Tibetan Policy Act of 2002: Background and Implementation; and
2022 in Beijing, due to “the PRC’s ongoing genocide and
CRS In Focus IF10803, Global Human Rights: International
crimes against humanity in Xinjiang and other human rights
Religious Freedom Policy.
abuses,” although U.S. athletes still competed. In August
2022, The United Nations Office of the High Commissioner
According to the Department of State, “[PRC] law grants
for Human Rights released an assessment of human rights
public security officers broad administrative detention
conditions in Xinjiang. The report states that China’s
powers and the ability to detain individuals for extended
counterterrorism and counter-“extremism” strategies have
periods without formal arrest or criminal charges” and
led to “interlocking patterns of severe and undue
police target lawyers, human rights activists, journalists,
religious leaders and adherents, and former political
https://crsreports.congress.gov

China Primer: Human Rights
prisoners and their family members for arbitrary detention
cotton textile, apparel, consumer electronics, and other
or arrest. The nonprofit Dui Hua Foundation has compiled
industries in Xinjiang and elsewhere.
over 7,600 cases of political and religious prisoners in
China as of June 2022. PRC leaders long have asserted that
Selected U.S. Policy Tools
human rights standards vary by country, and that a

country’s human rights policies are an “internal affair.” In
Democracy and Human Rights Programs: Since
2001, Congressional appropriations have funded efforts
2021, the PRC government released a white paper on
China’s
to promote human rights, democracy, rule of law, civil
democratic development that emphasized “material
and cultural prosperity” when referring to human rights.
society, and internet freedom in China, as well as

programs to promote sustainable development,
Religious and Ethnic Minority Policies
environmental conservation, and preservation of
indigenous culture in Tibetan areas. These include
In 2016, Xi Jinping launched a policy known as
“Sinicization,” by which China’s religious and ethnic
programs administered by relevant agencies as well as
by the National Endowment for Democracy, a
minorities are required to “assimilate” or conform to
nongovernmental foundation funded primarily by
majority Han Chinese culture as defined by the CCP and
adhere to “core socialist values
congressional appropriations.
.” The PRC government has
implemented policies in Tibetan areas, Xinjiang, and Inner
 International Media: U.S. government-funded Voice
Mongolia requiring that nearly all primary school courses
of America (VOA) and Radio Free Asia (RFA) provide
be taught in Mandarin rather than in minority languages.
external sources of independent or alternative news and
Since 2018, new regulations require religious organizations
opinion to audiences in China. Both media outlets
to obtain government permission for nearly every aspect of
broadcast in Mandarin, Cantonese, and Tibetan, and
their operations, submit to greater state supervision, and
RFA provides a Uyghur language service.
register all clergy in a national database. The government
has continued to pressure unofficial Christian congregations
 Targeted Legislation: Congress has enacted numerous
to register with the state and to persecute practitioners of
laws to respond to human rights developments and
the Falun Gong spiritual exercise. The State Department
related issues in Tibet and Xinjiang specifically. U.S.
has designated China as a “Country of Particular Concern”
policy toward Tibet is largely guided by the Tibetan
for “particularly severe violations of religious freedom”
Policy Act of 2002 (Foreign Relations Authorization
under the International Religious Freedom Act of 1998
Act, FY2003, P.L. 107-228). Recent Tibet-related
(P.L. 105-292) in every annual designation list since the
law’s passage.
legislation includes the Reciprocal Access to Tibet Act

of 2018 (P.L. 115-330) and the Tibetan Policy and
Support Act of 2020 (Division FF, Title III, Subtitle E
Authorities have carried out coercive assimilation and
of P.L. 116-260). Recent Xinjiang-focused legislation
employment in Tibetan areas, including by “forcibly
includes the Uyghur Human Rights Policy Act of 2020
resettling and urbanizing nomads and farmers, weakening
(P.L. 116-145) and the Uyghur Forced Labor
Tibetan-language education in public schools, and
weakening monasteries’ role in Tibetan society,”
Prevention Act (UFLPA, P.L. 117-78).
according
to the Department of State. The PRC government insists
 Targeted Sanctions: The Global Magnitsky Human
that Chinese laws, and not Tibetan Buddhist religious
Rights Accountability Act (Title XII, Subtitle F of P.L.
traditions, govern the process by which lineages of Tibetan
114-328), as implemented under Executive Order
lamas are reincarnated, and that the state has the right to
13818, authorizes the President to impose economic
choose the successor to the Tibetan spiritual leader, the 87-
sanctions and visa denials or revocations against
year-old 14th Dalai Lama, who lives in exile in India.
foreign individuals responsible for human rights abuses
Uyghurs
or corruption. Other authorities also provide for visa
sanctions, including against the immediate family
Since 2017, XUAR authorities have arbitrarily detained
members of human rights violators.
over 1 million Muslims, mostly Uyghurs and smaller
numbers of other Muslim minorities, in reeducation centers.
 Export Restrictions: The United States may impose
Detainees generally have not been accused of crimes, but
restrictions on the sale or transfer of certain U.S. goods
rather have been held on the basis of past religious, cultural,
and services to PRC entities on the basis of national
scholarly, social, and online activities, as well as travel, that
security or foreign policy interests, including human
the government later deemed “extremist” or potentially
rights, under the Export Administration Regulations.
terrorist. They have been compelled to renounce many of
their Islamic beliefs and customs as a condition for their
 Forced Labor Import Restrictions: Section 307 of
release. Treatment in the centers reportedly has included
the Tariff Act of 1930 (19 U.S.C. §1307) forbids the
food deprivation, psychological pressure, sexual abuse,
importation of “goods, wares, articles, and
medical neglect, torture, and forced labor. Since 2019, the
merchandise” into the United States that were produced
XUAR government has released some detainees, sent others
with forced labor. UFLPA in part creates a rebuttable
to factory labor, and held many in pre-trial detention
presumption that Xinjiang-related imports are made
facilities or prosecuted them as criminals and sentenced
with forced labor.
them to lengthy prison terms. Tens of thousands of Uyghurs
reportedly have been coercively employed in agricultural,
Thomas Lum, Specialist in Asian Affairs
Michael A. Weber, Analyst in Foreign Affairs
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China Primer: Human Rights

IF11240

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