North- Fernand de Varennes During 2004–5, the situation has worsened in noteworthy and worrying trend in is the China for some groups such as the Tibetans and growing identification of the country with an Uighurs, sometimes under the guise of the fight increasingly blatant form of nationalism against terrorism and extremism, while in most as the country appears to move away from the other countries of the region it has largely remained traditional doctrines of communism. Officially, and stagnant or improved slightly. The treatment of in conformity with what could be described as migrants and ‘new’ minorities is also beginning to Marxist doctrine, the Chinese Communist Party still emerge as an area of concern and effort in the opposes and allows autonomy to region, particularly in and South and to the minority nationalities, so that they can retain perhaps a lesser extent . their own characteristics. It is under this policy that the government has set up numerous autonomous China areas throughout China, many of which are identified Minorities in China, including the territories of with specific nationalities, as did the former Soviet , and Tibet, constitute an Union in the past. extremely diverse and substantial grouping in what is The practice and reality in 2004–5 is not so still the world’s most populous state. Ethnic benevolent for most minorities, especially those in minorities, known as ‘nationalities’, are officially 55 Tibet and Xinjiang, but also in most parts of the in number (not including the majority Han country. Huge infrastructure developments Chinese). In addition to this, more than 120 continued in 2004–5, and their disastrous effects nationalities are said to exist, and even this number on minorities are now beginning to appear, though does not necessarily include all religious minorities with hardly any reaction from the international such as the Falun Gong, or ‘newer’ minorities. The community. Two new major rail-lines, one to human rights record of China is often criticized as Lhasa, the capital of Tibet, and the other to the being very poor, both by some Western governments Xinjiang city of Kashgar, are being finished, and and in various international reports, but the billions of dollars more are being invested to build particular plight of most minorities in the ‘Middle highways, some with the financial backing of Kingdom’ remain largely overlooked in the flood of international agencies such as the World Bank. attention to this record. Ostensibly to assist in the economic development Overall, their lot during 2004–5 has not improved of these regions and to improve their transportation significantly: on the contrary, the international ‘War infrastructure, these projects however are connected on Terrorism’ and slogan of ‘national security’ have to government policies that are clearly been a godsend for Chinese authorities intent on discriminatory and favour almost exclusively crushing separatist and autonomist movements in individuals of Han Chinese background. restive parts of the country, particularly in the north- The World Bank and much of the international western province of Xinjiang (Xinjiang Uighur community have remained largely silent and even Autonomous Region) where the Muslim, Turkic- complicit in what is in effect a surreptitious ethnic speaking Uighur minority are concentrated ‘transmigration programme’: recruitment for the (according to the official 2000 census, approximately thousands upon thousands of road- and rail- 45 per cent of the 19 million people in Xinjiang are building jobs are mainly targeting Han Chinese in Uighurs), and to a lesser extent, Tibet. As reported by other parts of the country, and some estimates Amnesty International, the view that human rights admit that, for Tibet alone, the new rail-line will could be curtailed under the ‘War on Terrorism’ open the door for some 900,000 Han Chinese umbrella was particularly apparent in China in the annually to move into the ancient ‘Land of the last few years (Amnesty International, Regional Snow’, attracted by various employment Overview 2004: Asia and the Pacific). Under the guise opportunities and even financial incentives from the of cracking down on terrorists and other extremists, Chinese central authorities. In other words, arrests, detentions and even torture and other government policies are clearly discriminatory as violations of the rights of minorities have been they favour and support overwhelmingly the Han conducted without evoking a huge amount of Chinese, and are leading to the Uighurs, Tibetans criticism from the outside world. Another general and other minorities being swamped and rendered

Asia and Oceania State of the World’s 107 Minorities 2006 increasingly powerless in the face of a mammoth efforts to provide schooling in minority languages, the influx and settlement of people of Han Chinese dominant position of standard Chinese in government, background. commerce, and academia put graduates of minority Employment practices by public authorities in schools who lacked standard Chinese proficiency at a Tibet, Xinjiang and other parts of China have disadvantage. The vast majority of Uighur children in seemed to be increasingly discriminatory, partially Xinjiang attended Uighur-language schools and fuelled by the growing numbers of Han Chinese generally received an hour’s Chinese language settling in these provinces, and often resulting in the instruction per day. Tuition at Chinese-language effective exclusion of minorities from various jobs schools in Xinjiang was generally more costly, and thus, because of language requirements. Though officially most Uighur children living in rural areas were unable supportive of minority languages, reports continue to afford them.’ (US State Department, Country to indicate that even where minorities represent a Reports on Human Rights Practices 2004: China) very high percentage or even a majority in a region, civil service offices refuse or are unwilling to use Chinese authorities tend, however, to emphasize local languages in their activities (Article 121 of the that nationalities enjoy equality through the system Constitution of the People’s Republic of China for regional autonomy for ethnic minorities, and states that: ‘In performing their functions, the that they have the right to receive instruction in organs of self-government of the national their own language, and that this is in fact more autonomous areas employ the spoken and written respectful of the identity of minorities than what is language or languages in common use in the in place in many Western states. (This autonomy is locality’). Recruitment of civil servants is often unfortunately in most cases more illusory than real, based on fluency in Chinese, with no consideration with real positions of power usually kept in the of knowledge of local languages, with the result that hands of Han Communist Party cadres, and Han minorities are clearly and unreasonably Chinese generally being employed in most senior disadvantaged by this Chinese-language bias and positions. For example, out of 25 new appointees to find that they will be passed over for employment various parts of the judiciary at local and Tibetan opportunities in favour of ethnic Hans. Autonomous Region levels, only four were Tibetan, The discriminatory position attributed to the according to the Free Tibet Campaign, August Chinese language as the almost exclusive language of 2005.) Additionally, Chinese authorities will refer to employment opportunities for government and new measures such as increasing investment and government-supported initiatives in regions where improving education and the legal system, and there are substantial minorities thus has augmented poverty alleviation for (only) 22 ethnic minorities in the complete dominance of Han Chinese in almost the government’s 10th Five-Year Plan (2001–5). all areas of political and economic significance. The government published in February 2005 a While minorities generally do have access to school White Paper on ‘Regional Autonomy for Ethnic instruction in their own language, they are still Minorities in China’ which emphasizes that China’s relegated in practice to the lower echelons of society policy of Regional National Autonomy is ‘critical to with few job opportunities unless their language is enhancing the relationship of equality, unity, mutual also used as a language of work, particularly in those assistance among different ethnic groups, to uphold regions such as Tibet, Xinjiang and others with very national unification, and to accelerate the large and territorially concentrated populations: development of places where regional autonomy is practiced and promoting their progress’. ‘In many areas with a significant population of While this White Paper and other developments minorities, there were two-track school systems which show that authorities are discussing the situation of used either standard Chinese or the local minority minorities, international outside reports have language. Students could choose to attend schools in continued to be more critical of the reality in the either system. However, graduates of minority language field of respecting the rights of minorities. The UN schools typically needed one year or more of intensive Special Rapporteur on the Right to Education Chinese before they could handle course work at a concluded that in effect there was discrimination in Chinese-language university. Despite the government’s the implementation of the country’s minority

108 Asia and Oceania State of the World’s Minorities 2006 education policy in relation to minorities, and Buddhists continued and worsened in some especially in relation to the imposition of the locations’ in 2004 (US State Department, Country Chinese language in detrimental ways: Reports on Human Rights Practices 2004: China). There does not seem to have been let-up in the ‘Education imposed upon minorities, enforcing their targeting and harsh treatment of practitioners of the children’s obligation to receive compulsory education, Falun Gong spiritual movement, with Amnesty violates human rights when it denies their religious or International reporting that more than 1,000 are linguistic identity.’ (Special Rappoteur Katarina alleged to have died during or soon after their Tomasˇevski, The Right to Education Report, detention and ill-treatment, even torture (Amnesty Addendum, Mission to China, November 2003) International Report 2005: China). During 2004, it seems that the same criminal laws that had been Indeed, even relatively recent regulations hailed as used to incarcerate and suppress the activities of the emphasizing the equality of minorities are in fact Falun Gong were being used against newer religious double-edged. Regulations approved on 22 May minorities, especially evangelical Protestant groups 2002 by the 15th session of the 7th Tibetan that refuse to refuse to register officially (Human Autonomous Region People’s Congress were Rights Watch, World Report 2005). described by the China Daily as ‘the first It has perhaps even become worse for the Muslim government regulation[s] ever passed in China on Uighurs (see in particular HRIC Special Report, preserving an ethnic language’. They permit the use Devastating Blows: Religious Repression of Uighurs in of either Tibetan or Chinese in the region, but since Xinjiang, Human Rights Watch, April 2005). authorities are not obliged to use Tibetan with the Armed with the 26 August 2002 support of the US local population, but can use Chinese, this will that the East Turkestan Islamic Movement (ETIM) increasingly lead to the marginalizing of the Tibetan should be recognized as an international terrorist language with the increased influx of Han Chinese, organization, Chinese authorities have cracked down and the de facto bias and discriminatory heavily and unrelentingly on some Islamic religious disadvantaging of the Tibetan-speaking population. practices, and even on use of the Uighur language in The overall evolution in the treatment of 2004 and 2005, whether these are connected to religious minorities is also one of mixed messages. ETIM or not. This includes a prohibition against Officially, as the Chinese authorities often indicate, those under 18 receiving Quran instruction at home there is no restriction on the religious beliefs of and a prohibition of private madrasas and mosques. individuals in private. Authorities however have The government published in December 2003 a often cracked down, often brutally, against ‘terrorist list’ of organizations, such as the World unsanctioned religious activities, especially those of Uighur Youth Congress, that it viewed as terrorist groups that are deemed a threat to the authority of entities. However, there is no clear evidence that the Communist Party or to be linked with most of these advocate violence. Many Uighurs ‘separatist’ or ‘terrorist’ threats. There are also new continued to receive long prison terms and to be regulations adopted in 2004 and in force since executed for separatist or terrorist activities. 1 2005 which are likely to increase the Even cultural or religious popular events may fall state’s overview and control over all religious foul of the ‘War on Terrorism’ in Xinjiang. The activities, as well as to ban those of unrecognized Xinjiang Party Secretary issued instructions to all religious groups. (On the potential significance of local authorities from February 2002 to crack down these regulations see HRIC Special Report, on ‘separatist techniques’, one of which was ‘using Devastating Blows: Religious Repression of Uighurs in popular cultural activities to make the masses Xinjiang, Human Rights Watch, April 2005.) receptive to reactionary propaganda encouraging The US State Department reports that the opposition’, permitting the intimidation, arrest and ‘freedom to participate in officially sanctioned detention of Uighur cultural and human rights religious activity increased in many areas of the activists, and even poets writing about a blue country, but crackdowns against unregistered pigeon, as occurred in 2005. groups, including underground Protestant and On a more positive side, it must be emphasized Catholic groups, Muslim Uighurs, and Tibetan that the Chinese government does recognize that

Asia and Oceania State of the World’s 109 Minorities 2006 minorities have rights, and seems to make efforts to the country’s population is actually Southern demonstrate that their rights in relation to Fujianese, also called Minnanese.) The Hakka- language, and culture are respected. The speaking minority (about 11 per cent of the practice, however, seems to be still quite removed population) has only recently started to see its from the rhetoric. language being taught in primary schools – in the years just prior to 2004–5 – though this seems to be Taiwan limited to a few hours a week. Overall, it seems that The situation of the of Taiwan, in this period the government has continued to who linguistically belong to the Austronesian follow a more inclusive and tolerant approach (Malayo-Polynesian) group, has been improving towards its minorities, although its language policies slightly in the last few years. Although about 98 per could still be seen as discriminatory in some respects. cent of the population is of Han ancestry, a dozen Amnesty International still reports rampant social officially recognized indigenous peoples number discrimination in 2004, with indigenous people almost half a million (in 2004), or close to 2 per subjected to discrimination in employment in the cent of the country’s population. Most of these are cities. The unemployment rate among indigenous also Christians, whereas most Han are members of people was 15 per cent – compared to an average of the Buddhist majority. 4 per cent for the population as a whole – and 48 One of the main legal-political developments for per cent received less than a third of the average the indigenous peoples of Taiwan in 2004–5 has wage (Amnesty International Report 2005: The State been the drafting of a new constitution that includes of the World’s Human Rights). an explicit recognition of the rights of indigenous is widely respected, and peoples, including a right of autonomy presented as religious minorities are not subjected to any form of self-determination. This autonomy would visible discrimination. However, in 2004–5 they are potentially extend to the use of traditional lands, still not permitted to have religious instruction in language, customary law and other rights. These their own private schools accredited by the Ministry reforms are part of a long-term process which is of Education, although if a minority school is not expected to be completed by 2008. Indigenous accredited by the Ministry of Education it can languages have additionally started to be supported provide religious instruction. by authorities, after decades of active government One area that has been of increasing concern is suppression, with a number of initiatives for total the treatment of ‘new’ minorities in Taiwan. language immersion education being set up after Minorities who have arrived since the 1990s in 2001 in some districts. A special affirmative action Taiwan as migrant workers, especially Filipinos, programme also started in 2005 covering the Indonesians and Thais, have become in 2004–5 admission of indigenous students to university, and more vocal, even violent, over their limited legal 2004 legislation requires that, for a firm with 100 protections. A violent riot by more than 1,500 employees or more wishing to compete for mainly Thai migrant workers erupted in August government contracts, at least 1 per cent of its 2005 over poor working conditions and alleged employees must be Aborigines. (This is a quota abuses of workers building a mass transit railway required under the 2001 Indigenous Peoples project in Kaohsiung Taiwan, leading to the Employment Rights Protection Act.) On the resignation of Council of Labour Affairs negative side, a 5 per cent hiring quota for Chairwoman Chen Chu. Aborigines in firms established in free-trade zones under the 2003 Statute Governing the Japan Establishment and Management of Free Trade Ports Usually viewed as a fairly homogeneous state, Japan was heavily criticized in 2005 and may be reduced. has nevertheless non-negligible numbers of religious, Despite Mandarin being the first language linguistic and ethnic minorities. In addition to those (mother tongue) of slightly more than 20 per cent, that could be described as traditional or national and therefore a ‘minority language’, it is the main minorities such as the Buraku people (), and almost exclusive language used by public the Ainu people (widely recognized as indigenous) authorities. (The language of about 67 per cent of and Okinawans, there are two other broad

110 Asia and Oceania State of the World’s Minorities 2006 categories: those originally from neighbouring Japan adopt a national law against discrimination countries such as Korea and China who have a fairly that would protect the Burakumin and other long-standing presence in the country, and newer minorities, despite some discussion of a new law minorities of migrants from Asia, the Middle East, against discrimination in the Japanese Diet in Africa and Latin America. 2004–5. This has led to criticisms from Few positive developments have occurred for the international bodies, including from the UN Special Ainu during 2004–5, despite high hopes following a Rapporteur on Contemporary Forms of Racism, 1997 court ruling and subsequent legislation passed Racial Discrimination, Xenophobia and Related by the Diet to develop programmes for the Intolerance during a recent visit to Japan. A bill promotion of Ainu culture and traditions. There discussed in 2004 in the Japanese Diet for a new have been calls from international organizations for human rights commission also was of concern to the Japan to ratify the ILO Convention No. 169 UN Committee on the Rights of the Child, concerning Indigenous and Tribal Peoples in regarding the degree of independence proposed for Independent Countries in order to provide greater such a body. A new bill in 2005 does not seem to recognition for the rights of the Ainu as an address these concerns. indigenous people (Concluding Observations of the A slight, mainly symbolic, improvement has Committee on the Elimination of Racial however occurred in 2004–5 for minorities who are Discrimination: Japan, March 2001). Members of long-term residents of Japan, with a local court for the the UN Committee on the Elimination of All first time ruling in April 2005 that a provision dealing Forms of Racial Discrimination also noted that the with acquisition of citizenship to be unconstitutional. Okinawans could be considered a minority, and that (There are 2 million ‘foreigners’ residing in Japan, a information on their situation should be submitted large number of whom are long-term residents or even by the Japanese government in the future. individuals born in the country.) Citizenship still There is in Japan a large number of religious remains difficult to obtain for ‘new’ minorities from minorities, with no reports of repression or non-Japanese ethnic background. oppressive measures against them. The only issues While many, though far from all, living in that have remained involving religious minorities the country hold Japanese citizenship and are long during this period is the allegation from members of established in Japan, there are persistent complaints the Unification Church and Jehovah’s Witnesses that of social discrimination and other obstacles, including police do not always intervene when church in education where students graduating from private members are kidnapped by family members in order Korean-language schools would not have their studies to force their deprogramming. recognized in some cases for admission to university. One minority group, whose situation in 2004–5 (There were thought to be over 600,000 individuals could be said to have become worse from a legal of Korean descent living in Japan at the end of 2004.) and political point of view, is Japan’s estimated This changed in September 2003 with changes to the 3 million Buraku people, a social who have School Education Act, now permitting graduates of a tended to live in isolated neighbourhoods (Dowa), number of non-Japanese-language schools – mainly and tend to be victims of long-ingrained social Korean – to become eligible to take university discrimination with regard to job opportunities and entrance examinations. In 2004–5, many universities other areas where they may interact with other admitted graduates from Korean and non-Japanese- members of society. language schools other than those listed in the There were intense efforts by the Burakumin to national legislation. There was still no official have new laws adopted to replace legislation which financial support for private minority schools during expired in March 2002 (the Law Concerning this period, however, a situation considered as Special Government Measures for Regional discriminatory by some of these minorities, especially Improvement Special Projects), under which various the Koreans. special measures to assist and develop Dowa districts Newer minorities, including mainly Brazilian, had been in place for a number of decades; a special Chinese, Filipino, Peruvian and Thai workers, scholarship programme was also discontinued. They continued to appear vulnerable to exploitation, have not succeeded in having the government of prejudice and discrimination. While there is

Asia and Oceania State of the World’s 111 Minorities 2006 legislation against racial discrimination and linked to the government. A Russian Orthodox international treaties that may be used under church was, however, being built in 2004 in Japanese law to protect them, courts in Japan have Pyongyang. Reports in 2004–5 continue to appear tended in 2004–5 to interpret these obligations from religious and human rights groups of harsh restrictively, either for example in terms of access to treatment, and even of torture, of members of employment opportunities and employment, or religious minorities involved in non-sanctioned access to private facilities that bar foreigners with religious practices. their ‘Japanese Only’ policies. Widespread condemnation of ’s As for the rights of foreign workers, legislation human rights record, and its treatment of its such as the Labour Standards Law and the religious minorities in particular, from numerous Employment Security Law in theory apply to all international organizations and the international workers in the country, but in practice they remain community has continued. There was a third largely at the whim of their employers, especially in resolution at the 2005 session of the UN the case of workers in irregular situations. There are Commission on Human Rights condemning its continuing reports of safety standards being ignored human rights record, as well as the appointment in for illegal workers and of below-minimum-wage 2004 of a UN Special Rapporteur on the Situation salaries being paid. There has been pressure exerted of Human Rights in the Democratic People’s on Japan, mainly from NGOs (for example by the Republic of Korea. The US also adopted a ‘North International Steering Committee for the Campaign Korean Human Rights Act of 2004’ to ‘promote for Ratification of the Migrants Rights Convention), human rights and freedom’ in that country. during 2004–5 to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The Republic of Korea (South Korea) is less homogeneous than its northern neighbour. It has North Korea seen an influx of ‘new’ minorities attracted by the The Democratic People’s Republic of Korea (DPRK country’s strong economic output, much as in Japan or North Korea) is one of the world’s most and Taiwan, and also has significant religious homogeneous countries in linguistic and ethnic minorities. The Chinese, at between perhaps 1 to terms, and its government one of the most 3 per cent of the population of the country repressive. There is only a Chinese minority (of constitute the largest ethnic minority in South perhaps around 50,000). There has in 2004–5 been Korea, and many of them are relatively recent no change in the language policies of the regime of arrivals. There is no clear majority religion in the Kim Jong Il, General Secretary of the Korean country, though close to half may be Christians. Workers’ Party (KWP). The Korean language is the It is however in the numerical strength of exclusive language of state authorities at every level. religious minorities and their treatment that the Religious minorities do exist and are more south distinguishes itself markedly from North significant in demographic terms, and their Korea. These minorities, and all religious practices treatment at the hands of authorities has been one in general, continue to be treated benignly in of unabated persecution and repression in 2004–5. 2004–5. One notable problem for one minority There is no majority religion in the country since involves the issue of military service and Jehovah’s the total of all religious practitioners is apparently Witnesses in South Korea. Since legislation does not less than 50 per cent, with even traditional permit any exemption or alternative service for those such as now thought to have relatively who have a religious objection to serving in the few active adherents (US State Department, country’s armed forces, members of this minority International Religious Freedom Report 2004: were still being imprisoned for their refusal in Democratic People’s Republic of Korea). 2004–5. A number of district courts, prior to and While the Constitution in theory provides during 2004, had acquitted conscientious objectors protection for freedom of religious , in practice who were Jehovah’s Witnesses of criminal charges this is severely restricted by the authorities unless it over their refusal to serve in the military. In August is under the auspices of officially recognized groups 2004 however, the Constitutional Court handed

112 Asia and Oceania State of the World’s Minorities 2006 down a judgment confirming the constitutionality population of the western province of Bayan-Olgiy. of legislation mandating the imprisonment of Their status in 2004–5 in Bayan-Olgiy, a province conscientious objectors who are members of a established during the former Socialist period, has religious minority. It was reported in 2005 that a continued, with the result that Kazakhs are not member of the National Assembly has proposed visibly subjected to discriminatory practices by new legislation that would permit alternative service authorities, are prominent in the administration of to qualified candidates, including members of the province, and operate Islamic schools for their minorities who would object for religious reasons. children. Religious minorities appear to be protected Amnesty International reported that in June 2004, by the Constitution, which enshrines the freedom of ‘at least 758 conscientious objectors, mostly religion. The government generally respects this in Jehovah’s Witnesses, were detained for refusing to practice, although there were reports in 2004 of perform compulsory military service’ (Amnesty some bureaucratic delays and harassment in International Annual Report 2005). registration of certain groups. Some progress occurred for migrant workers in There have been no legislative changes in 2004–5 August 2004 with the entry into effect of the on the use of minority languages. Though Article 8 Employment Permit System Act. On the face of it, of the Constitution in theory guarantees to ‘national the legislation provides a first legal framework to minorities’ the right to primary education in their control and monitor migrant workers, and some own language, the continued absence of specific protection of basic rights. The legislation also would legislation to apply this constitutional provision permit the immediate detention and deportation of means that, in reality, minorities – with the undocumented workers who have stayed in South exception of the Kazakhs – still cannot enjoy this Korea for more than four years (migrant workers are right. This could be deemed to be discriminatory in only permitted to work in South Korea for a relation to the treatment of some of the largest maximum of three years, and only for one minorities in the country, such as the Chinese, who employer). Reports mention the deportation of some account for 2 per cent of the population, and 3,000 migrant workers, and the voluntary departure Russians who also account for 2 per cent. of perhaps 10,000 more, between November 2003 The United Nations Development Programme and January 2004. There were some estimates of (UNDP) and government of have 180,000 undocumented migrant workers not collaborated on a number of initiatives that have registered with the authorities at the end of 2004. reformed the administration of the country in the When a Migrant Workers Trade Union was 1990s, the Programme for Governance and formed on 24 April 2005, the response of the Economic Transition and the Management authorities was to crack down on the leaders of this Development Programme, which appear to have had and other migrant workers’ rights organizations, with a beneficial impact for minorities in 2004–5. Though the president of the Migrant Workers Trade Union not sanctioned in legislation, the decentralization of being arrested in May 2005 and detained by public administration under these programmes has immigration authorities. Such crackdowns on the apparently led to a greater use of minority languages of migrant workers groups have occurred by local authorities, who now have more autonomy repeatedly in 2004 and 2005. This has been followed and responsibilities. Previously, the highly centralized by new legislation adopted by the National Assembly Mongolian administration meant an almost exclusive in March 2005 imposing harsher punishments on use of the Mongolian (Khalka) language, to the local businesses hiring illegal migrant workers. exclusion of minority languages. The issue of minorities in 2004–5 does not figure Mongolia prominently in the work or activities of Minorities in Mongolia have not seen any major international organizations involved in Mongolia, developments in 2004–5. Overall, they continue to such as the UNDP, with various official reports be treated in a rather benign way. Kazakhs, most of remaining largely silent on even the existence of whom are Muslim and speak their own language, these in the country. This may however be due to are the largest minority at about 4 per cent of the the overall relatively benign treatment of minorities population and represent about 85 per cent of the in Mongolia. p

Asia and Oceania State of the World’s 113 Minorities 2006