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II. Law-Based Education and Training
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Education and training in Xinjiang is practiced in line with the spirit and requirements of the rule of law in China. It also reflects the ideas and principles of counter-terrorism and deradicalization as practiced by the international community. In recent years, in line with the National Security Law of the People's Republic of China, Criminal Law of the People's Republic of China, Criminal Procedure Law of the People's Republic of China, Counterterrorism Law of the People's Republic of China, and Regulations on Religious Affairs, Xinjiang has enacted and revised, in accordance with legal procedures, two local regulations – the Measures of the Xinjiang Uygur Autonomous Region on Implementing the Counter-terrorism Law of the People's Republic of China, and the Regulations of the Xinjiang Uygur Autonomous Region on Deradicalization. Chinese law distinguishes between unlawful and criminal acts, and prescribes different law enforcement and judicial bodies and different processes for handling the two kinds of acts. Depending on the specific circumstances, some offenders or criminals are subjected to punishment by administrative organs, including public security organs, in accordance with the law. Some, after their cases have been investigated by public security organs and transferred, are examined by procuratorial organs and there is a decision not to prosecute. Some are tried, convicted and sentenced by judicial organs in accordance with the law after procuratorial organs have initiated public prosecution. Specifically, in cases of unlawful and criminal acts of terrorism and extremism, not all offenders or criminals should be prosecuted by procuratorial organs and convicted and sentenced by judicial organs. Depending on the circumstances of the offence and the willingness of the parties to acknowledge their guilt, some cases can be handled by public security and other administrative organs, and in others the procuratorial organs can decide not to pursue the case. These different approaches and procedures reflect the principle of balancing compassion and severity in the national criminal law, and the idea of reforming offenders through education and rehabilitation. In order to implement the principle of addressing both the symptoms and root causes, state laws and local regulations have stipulated measures intended to help people involved in terrorist and extremist activities to find employment and reintegrate into society through education. In accordance with the Counter-terrorism Law of the People's Republic of China, the Measures of the Xinjiang Uygur Autonomous Region on Implementing the Counter-terrorism Law of the People's Republic of China, the Regulations of the Xinjiang Uygur Autonomous Region on Deradicalization, and other laws and regulations, vocational education and training centers have been established in Xinjiang. At present, the trainees at the centers fall into three categories: 1. People who were incited, coerced or induced into participating in terrorist or extremist activities, or people who participated in terrorist or extremist activities in circumstances that were not serious enough to constitute a crime; 2. People who were incited, coerced or induced into participating in terrorist or extremist activities, or people who participated in terrorist or extremist activities that posed a real danger but did not cause actual harm, whose subjective culpability was not deep, who acknowledged their offences and were contrite about their past actions and thus do not need to be sentenced to or can be exempted from punishment, and who have demonstrated the willingness to receive training; 3. People who were convicted and received prison sentence for terrorist or extremist crimes and after serving their sentences, have been assessed as still posing a potential threat to society, and who have been ordered by people's courts in accordance with the law to receive education at the centers. In accordance with Articles 29 and 30 of the Counter-terrorismLaw, people in the first and third categories will be given assistance and education or receive job-related education at the centers. With regard to people in the second category, a small number of them should be punished severely, while the majority should be rehabilitated in accordance with the policy of balancing compassion and severity. Confession, repentance, and willingness to receive training are preconditions for leniency, and these people will receive education to help reform their ways after they have been exempted from prosecution in accordance with the law. The specific procedures for carrying out education and training in Xinjiang require that relevant authorities determine the nature and circumstances of the acts and deal with the above three categories in accordancewith the laws and regulations, such as the Criminal Law, Criminal Procedure Law, and Counter-terrorism Law. The first category should first be handled by public security organs, and then given assistance and education by vocational education and training centers. The second category should first be investigated by public security organs, and if the procuratorial organs, after reviewing the cases, have made the decision not to institute legal proceedings, they should then be given assistance and education by education and training centers. The third category, after being assessed before their release from prison and found to pose an ongoing risk to society, shall be placed at such centers to receive education to help them reintegrate into society in accordance with the decision of people's courts. The vocational education and training centers shall provide the people mentioned above with residential vocational training free of charge, andissue certificates of completion when the trainees reach the expected criteria. After graduation, the trainees can choose their own jobs, or employment can be arranged for them with the assistance of relevant authorities. The education and training efforts in Xinjiang are also in line withthe basic principles clearly defined in the relevant international conventions and initiatives. As a responsible member of the international community, China supports the United Nations in playing a leading and coordinating role in international cooperation against terrorism. China upholds the UN Charter and other principles and norms of international law. It has supported a series of resolutions on combating terrorism adopted by the UN Security Council, and contributed to the full implementation of the UN Global Counter-Terrorism Strategy. China has joined a number of international counter-terrorism conventions, including the International Convention for the Suppression of Terrorist Bombings, International Convention for the Suppression of the Financing of Terrorism, International Convention for the Suppression of Acts of Nuclear Terrorism, and International Convention Against the Taking of Hostages. Under the framework of the Shanghai Cooperation Organization (SCO), China and the other countries involved have signed the following documents: the Shanghai Convention on Combating Terrorism, Separatism and Extremism, Cooperation Between SCO Member States on Combating Terrorism, Separatism and Extremism, SCO Convention on Combating Terrorism, SCO Convention on Combating Extremism, SCO Cooperation Programme on Fighting Terrorism, Separatism and Extremism for 2019-2021, and SCO Plan of Action for Cooperation with the Islamic Republic of Afghanistan on Fighting Terrorism, Drug Trafficking and Organized Crimes. The United Nations Plan of Action to Prevent Violent Extremism notes that poverty, unemployment, the absence of alternative employment opportunities, and low levels of education, are the background causes of violent extremism, along with the distortion and exploitation by violent extremist groups of religious beliefs, ethnic differences and political ideologies. The Plan of Action says that to counter violent extremism, we have to broaden our responses, engage earlier, and address the drivers of violent extremism. We need to complement actions to counter violent extremism with preventive measures. The Plan of Action proposes to align national development policies with the Sustainable Development Goals, end poverty in all its forms, ensure quality education, and promote lifelong learning opportunities for all; to encourage individuals to leave violent extremist groups by developing programs that place an emphasis on providing them with educational and economic opportunities; and to support young people in gaining access to continued learning and vocational resources, and in incubating their entrepreneurial talent. The education and training efforts of Xinjiang manifest China's implementation of international counter-terrorism and deradicalization initiatives and measures. |
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