The People’s Republic of China’s (PRC) announcement of a possible death penalty for Taiwanese “separatists” marks a disturbing escalation in its approach to cross-strait relations. This move undermines regional stability, poses a significant threat to peace in the Taiwan Strait and is a contradiction of its own stated goal of peaceful reunification.
The judicial guidelines, which took effect on June 21, allow for severe punishments, including the death penalty, for individuals China believes to be “die-hard” Taiwan independence supporters. These measures target those who form “secessionist organizations” or direct others to “carry out activities that split the state or undermine unity of the country.”
The guidelines specify crimes such as promoting Taiwan’s entry into international organizations where statehood is a requirement, and using one’s job or influence to “misrepresent or falsify the fact that Taiwan is part of China.” The guidelines include a broad clause for “other acts that seek to separate Taiwan from China,” which could be widely interpreted.
These guidelines potentially apply to a wide range of actions related to Taiwan’s international status and self-governance. Anyone engaging in activities that Beijing considers supportive of Taiwan’s independence could be targeted. Those deemed by PRC authorities as “ringleaders” might face severe penalties, including death sentences. The risk extends worldwide, as Beijing can attempt to extradite accused individuals from countries that have extradition agreements with China.
In recent years, China has enacted several laws to strengthen its surveillance and national security legal framework. The new judicial guidelines represent its latest move, which has been thinly veiled as a protective measure. In fact, it is escalating tensions and creating a chilling effect worldwide. Through these actions, China is further isolating itself from the international community.
In the past year alone, 15 Taiwanese have been detained or charged with crimes after entering China, while 51 have been interrogated by border officers, with the number increasing. Threats from national security laws and the latest judicial guidance not only jeopardize the lives and freedom of Taiwanese, but also pose a significant risk to peace in the Taiwan Strait and the broader Indo-Pacific region.
On Sept. 5, the Taiwanese government said that Yang Chih-yuan (楊智淵), a Taiwanese activist, had been sentenced to nine years in prison by a court in the eastern Chinese city of Wenzhou for “separatism.” This unprecedented sentence prompted the Mainland Affairs Council to warn Taiwanese about the dangers of traveling across the strait. This case clearly demonstrates the real and immediate threat China’s new judicial guidelines pose.
As a cochair of the Congressional Taiwan Caucus, I joined my fellow cochairs in issuing a statement strongly condemning the new guidelines. We emphasized that “these guidelines will have a severe chilling effect on exchanges with China and represent a destabilizing policy approach to cross-Strait relations.”
China should engage in meaningful dialogue with Taiwan rather than resorting to dangerous and provocative threats, which would not achieve a peaceful resolution to cross-strait differences. The US Department of State has also expressed concern regarding China’s intentions to extraterritorially apply PRC law and intimidate people from speaking their mind about the situation across the strait.
Maintaining dialogue with both Beijing and Taipei is critical to de-escalating tensions. As a member of the first congressional delegation to visit Taiwan after the January elections, I met with President William Lai (賴清德), followed by a meeting a few months later with representatives from the Chinese National People’s Congress in Washington.
With these interactions, I have emphasized the US’ unwavering commitment to peace and stability in the Taiwan Strait. Maintaining open dialogue is critical to reduce the risk of misperceptions from veering into conflict.
China’s threat to impose the death penalty on Taiwan “separatists” is a dangerous and unacceptable escalation that threatens the peaceful dialogue required for the successful resolution of cross-strait issues. It is not just the death penalty, but the guidelines as a whole that pose a significant risk to regional stability.
I will continue to oppose any PRC attempts to isolate or threaten Taiwan. I urge the international community to condemn these actions and to support efforts to maintain cross-strait peace and stability.
US Congressman Ami Bera is a senior member of the US House Foreign Affairs Committee and cochair of the Congressional Taiwan Caucus.
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