Vocational Education and Training in Xinjiang | | 新疆的职业技能教育培训工作 |
| (August 2019) | | （2019年8月） |
| The State Council Information Office of the People's Republic of China | | 中华人民共和国国务院新闻办公室 |
| | |
| Contents | | 目录 |
| Preface | | 前言 |
| I. Urgent Need for Education and Training | | 一、开展教育培训工作势在必行 |
| II. Law-Based Education and Training | | 二、依法开展教育培训工作 |
| III. Content of Education and Training | | 三、教育培训的内容 |
| IV. Protection of Trainees' Basic Rights | | 四、学员的基本权利得到保障 |
| V. Remarkable Results in Education and Training | | 五、教育培训工作取得显著成效 |
| VI. Experience in Countering Extremism | | 六、探索出去极端化的有益经验 |
| Conclusion | | 结束语 |
| Preface | | 前言 |
| Terrorism and extremism are the common enemies of humanity, and the fight against terrorism and extremism is the shared responsibility of the international community. It is a fundamental task of any responsible government, acting on basic principles, to remove the malignant tumor of terrorism and extremism that threatens people's lives and security, to safeguard people's dignity and value, to protect their rights to life, health and development, and to ensure they enjoy a peaceful and harmonious social environment. | | 恐怖主义、极端主义是人类社会的共同敌人，反恐、去极端化是国际社会的共同责任。消除恐怖主义、极端主义这一严重危害人民生命安全的社会毒瘤，维护人的尊严和价值，保障人民的生命权、健康权、发展权，使人民在安宁祥和的社会环境中幸福生活，是世界上任何一个负责任的政府执政的基本理念和根本任务。 |
| Over the years, to ensure public safety and well-being, the international community has spared no effort and made tremendous sacrifices in preventing and combating terrorism and extremism. Many countries and regions, in light of their own conditions, have developed effective measures and drawn valuable lessons from these efforts. | | 多年来，国际社会为打击和预防恐怖主义、极端主义，保障人民生命安全和生活幸福，作出了不懈努力，付出了巨大牺牲。世界上许多国家和地区，从本国和本地区实际出发，积极探索打击和预防恐怖主义、极端主义的有效措施和办法，积累了宝贵经验。 |
| Xinjiang is a key battlefield in the fight against terrorism and extremism in China. For some time Xinjiang has been plagued by terrorism and religious extremism, which pose a serious threat to the lives of the people in the region. Addressing both the symptoms and root causes and integrating preventive measures and a forceful response, Xinjiang has established vocational education and training centers in accordance with the law to prevent the breeding and spread of terrorism and religious extremism, effectively curbing the frequent terrorist incidents and protecting the rights to life, health, and development of the people of all ethnic groups. Worthwhile results have been achieved. | | 新疆是中国反恐、去极端化斗争的主战场。一段时期，新疆深受恐怖主义、宗教极端主义之害，人民生命安全受到严重威胁。新疆坚持标本兼治，打击与预防相结合，通过依法设立职业技能教育培训中心（以下简称“教培中心”），开展职业技能教育培训工作（以下简称“教培工作”），着力消除恐怖主义、宗教极端主义滋生蔓延的土壤和条件，有效遏制了恐怖活动多发频发势头，最大限度保障了各族人民的生命权、健康权、发展权等基本权利，取得了反恐、去极端化斗争重要阶段性胜利。 |
| I. Urgent Need for Education and Training | | 一、开展教育培训工作势在必行 |
| Terrorism and extremism have a long history in Xinjiang. From the early 20th century to the late 1940s, separatist and religious extremist forces, spreading "Pan-Turkism" and "Pan-Islamism", attempted to create a theocratic state called "East Turkistan" in Xinjiang. In an attempt to split China, such forces advocated religious extremism and carried out a series of terrorist activities. For years religious extremism continued to make inroads into Xinjiang, resulting in incidents of terrorism. | | 恐怖主义、极端主义在新疆由来已久。20世纪初至40年代末，民族分裂势力、宗教极端势力借助“泛突厥主义”“泛伊斯兰主义”思潮，试图在新疆建立“政教合一”的“东突厥斯坦”国。形形色色的“东突”势力为了达到分裂中国的目的，鼓吹宗教极端主义，实施了一系列暴力恐怖活动。在此后相当长的一段时间里，宗教极端主义对新疆的渗透从未停止，暴力恐怖活动时有发生。 |
| Since the 1990s the global spread and aggravation of terrorism and extremism has wrought havoc. Influenced by extremism, terrorist attacks and related incidents have caused heavy casualties and property damage in the United States, the United Kingdom, France, Germany, Spain, Belgium, Russia, Turkey, Egypt, India, Indonesia, New Zealand, Sri Lanka, and other countries and regions. World peace is under serious threat, and the future of humanity is overshadowed. | | 20世纪90年代以来，恐怖主义、极端主义在全球蔓延加剧，给人类社会造成重大灾难。美国、英国、法国、德国、西班牙、比利时、俄罗斯、土耳其、埃及、印度、印度尼西亚、新西兰、斯里兰卡等世界上许多国家和地区都发生了受极端主义影响的暴力恐怖袭击案（事）件，造成大量人员伤亡和重大财产损失，严重威胁世界和平，给人类社会发展投下阴影。 |
| Between 1990 and the end of 2016 separatists, religious extremists and terrorists plotted and carried out thousands of acts of terrorism such as bombings, assassinations, poisoning, arson, assaults, and riots in Xinjiang. Many innocent people were killed and several hundred police officers died in the line of duty. The property losses incurred were enormous. | | 据不完全统计，自1990年至2016年年底，民族分裂势力、宗教极端势力、暴力恐怖势力在中国新疆地区策划实施了数千起爆炸、暗杀、投毒、纵火、袭击、骚乱、暴乱等系列暴力恐怖案（事）件，造成大量无辜群众被害，数百名公安民警殉职，财产损失无法估算。 |
| Terrorism and extremism germinate in a complex domestic and international environment. They are rooted in political, economic and cultural factors, and are not specific to particular countries, regions, ethnic groups, religions or social systems. The fight against terrorism and extremism is a global challenge. Over the years different countries and regions have adopted different measures of preventing and combating terrorism and extremism, based on their respective historical and cultural traditions, their level of social and economic development, and the level of education and employability of their citizens. | | 恐怖主义、极端主义的产生有着复杂的国际国内背景，受政治、经济、文化等各方面因素影响，与特定国家、特定地区、特定民族、特定宗教、特定社会制度无关。反恐、去极端化既是世界性课题，也是世界性难题。多年来，一些国家和地区为了有效反恐、去极端化，根据自身实际，积极探索打击和预防恐怖主义、极端主义的具体路径和办法，但由于各自的历史文化传统、经济社会发展水平、公民受教育程度及就业能力状况等存在差异，采取的办法和举措也不尽相同。 |
| For some time Xinjiang, especially Kashgar Prefecture, Hotan Prefecture, Aksu Prefecture and Kizilsu Kirgiz Autonomous Prefecture in the south, where religious extremism has had a long and widespread presence, suffered badly from frequent acts of terrorism. Large numbers of people were involved and even more were affected. The scale of the problem posed a serious challenge to China's efforts in fighting terrorism and extremism. | | 新疆特别是位于南疆的喀什地区、和田地区、克孜勒苏柯尔克孜自治州、阿克苏地区等四地州，由于宗教极端主义渗透时间长，影响范围广，毒害程度深，暴力恐怖案（事）件在一段时间多发频发，且涉案人员众多，影响群体庞大，导致反恐、去极端化形势严峻。 |
| Exploiting people's religious beliefs, extremist forces spread religious extremism through Xinjiang's large religious population, among people who have limited means of communication outside their own communities, limited employment opportunities in farming and animal husbandry, limited sources of information, and limited knowledge of modern science. Deliberately distorting religious doctrines and canons, religious extremists have bound extremism to religion, to religious believers, and to society as a whole, and incited people to overthrow secular governments and establish theocratic states. They deny the concepts and achievements of modern secular civilization, inciting followers to "engage in a holy war and die for their beliefs in order to enter heaven", and injuring and killing those they describe as "pagans" and "renegades". Normal religious activities in Xinjiang have been seriously disrupted, and upstanding religious individuals have been ostracized, persecuted, or killed. For many religious believers, the mental shackles imposed by religious extremism have become unbearable, disturbing their normal life and work. Social and economic development in the region has also suffered as a result. | | 宗教极端势力利用信教群众朴素的宗教感情，借助当地信教人口众多、对外交流不畅、农牧业就业承载有限、信息闭塞、现代科学知识匮乏等客观因素，散布宗教极端主义。宗教极端势力肆意歪曲宗教教义教规，将极端主义与宗教捆绑在一起，与广大信教群众捆绑在一起，与社会生活捆绑在一起，鼓动推翻世俗政权，妄图建立教法统治的国家。宗教极端势力否定一切世俗观念和现代文明成果，鼓吹所谓“圣战殉教进天堂”，残害所谓“异教徒”“叛教者”，致使当地正常宗教活动遭到严重破坏，中道正信的宗教人士受到排斥、迫害，甚至被杀害。因宗教极端主义影响，大量信教群众被套上了沉重的精神枷锁，正常生产生活受到严重干扰，社会经济发展受到严重制约。 |
| To strengthen their psychological control over religious believers, extremist forces have incited people to boycott the standard spoken and written Chinese language and reject modern science. They act in accordance with fabricated "religious law" and "domestic discipline", and defy the Constitution and State laws. They spread word about a "next life where one's fate is predestined", and deceive religious believers into rejecting the kind of vocational skills training by which they can improve their economic conditions and their capacity for self-development. A large part of the population can not read and write in the standard spoken and written Chinese language, and they have no basic knowledge of the law. | | 为了强化对信教群众的精神控制，宗教极端势力持续煽动信教群众抵制学习国家通用语言文字，排斥现代科学知识；歪曲炮制所谓“教法、家法”，将其作为行为准则，对抗国家宪法法律；鼓吹“来世天定”，蛊惑信教群众拒绝学习掌握就业技能、改善经济条件、提升自我发展能力。大量群众不具备掌握国家通用语言文字能力，不具备基本法律知识。 |
| Influenced and controlled by religious extremism, many people have engaged in - or have been instigated, coerced or enticed to engage in - terrorist and extremist activities, but they have not committed serious crimes or inflicted actual harm. It is hard for some people who have been convicted of terrorist or extremist crimes to abandon extremist views, as their minds have been poisoned to the extent of losing reason and the ability to think sensibly about their lives and the law. Without necessary intervention measures it will not be possible for them to cast off the shackles of religious extremism, get back to normal life, and improve their prospects for a better future. | | 在宗教极端主义的渗透和控制下，许多人参与或者被教唆、胁迫、引诱参与恐怖活动、极端主义活动，但尚属情节轻微，或未造成实际危害后果；一些人虽因恐怖活动犯罪、极端主义犯罪被定罪处刑，但并未完全脱离宗教极端主义束缚。由于上述人员受宗教极端主义毒害深，丧失了对正常生活和法律界限的理性辨识能力，如果不对他们采取积极干预措施，就不能解除宗教极端主义对他们的桎梏，就无法使他们融入正常的社会生活，就不可能使他们实现个人的更好发展。 |
| Faced with this severe and complex problem, Xinjiang has upheld the principle of addressing both the symptoms and root causes in its fight against terrorism and extremism, by striking hard at serious terrorist crimes, which are limited in number, and by educating and rehabilitating people influenced by religious extremism and involved in minor violations of the law. In accordance with the law it has established a group of vocational centers to offer systematic education and training in response to a set of urgent needs: to curb frequent terrorist incidents, to eradicate the breeding ground for religious extremism, to help trainees acquire better education and vocational skills, find employment, and increase their incomes, and most of all, to safeguard social stability and long-term peace in Xinjiang. | | 面对严峻形势和复杂情况，新疆的反恐、去极端化坚持标本兼治方针，既依法严厉打击少数严重暴力恐怖犯罪，又最大限度地教育挽救感染宗教极端主义、有轻微违法犯罪的人员。依法设立教培中心，对学员进行系统的教育培训，是遏制暴力恐怖案（事）件多发频发、铲除宗教极端主义滋生蔓延土壤的迫切需要，也是有效提升学员文化知识水平、掌握劳动技能、促进就业和增加收入的迫切需要，更是实现新疆社会稳定和长治久安的迫切需要。 |
| II. Law-Based Education and Training | | 二、依法开展教育培训工作 |
| 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. | | 新疆开展教培工作的做法既符合国家法治精神和要求，又体现了国际社会反恐、去极端化的原则和理念。 |
| 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. | | 新疆根据《中华人民共和国国家安全法》《中华人民共和国刑法》《中华人民共和国刑事诉讼法》《中华人民共和国反恐怖主义法》和《宗教事务条例》等法律法规，依照法定程序，制定并修改完善了《新疆维吾尔自治区实施〈中华人民共和国反恐怖主义法〉办法》《新疆维吾尔自治区去极端化条例》两部地方性法规。 |
| 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. | | 中国法律区分了违法行为和犯罪行为，并规定了不同的执法司法主体和处理程序。其中，视具体违法或犯罪情节不同，有的由包括公安机关在内的行政机关依法予以行政处罚；有的由公安机关侦查终结，移送检察机关审查后，由检察机关依法作出不起诉决定；有的在检察机关提起公诉后，由审判机关依法审理定罪处刑。 |
| 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. | | 具体在恐怖主义、极端主义违法犯罪案件中，依照法律规定，视具体情节及当事人表现，除由检察机关提起公诉，由审判机关定罪处刑的外，有的案件是由公安机关等行政机关依法作出处理，有的案件是由检察机关依法作出不起诉决定。这些不同的处理方式和程序，恰恰体现了国家宽严相济的刑事政策和教育挽救的方针。为了贯彻标本兼治的原则，中国法律和地方性法规对参与恐怖活动、极端主义活动的人员，还规定了帮教、安置教育等措施。 |
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-Terrorism Law, 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. | | 新疆依据《中华人民共和国反恐怖主义法》《新疆维吾尔自治区实施〈中华人民共和国反恐怖主义法〉办法》《新疆维吾尔自治区去极端化条例》等法律法规，设立了教培中心，开展帮教等工作。目前进入教培中心的学员有三类：一是被教唆、胁迫、引诱参与恐怖活动、极端主义活动，或者参与恐怖活动、极端主义活动情节轻微，尚不构成犯罪的人员。二是被教唆、胁迫、引诱参与恐怖活动、极端主义活动，或者参与恐怖活动、极端主义活动，有现实危险性，尚未造成实际危害后果，主观恶性不深，能够认罪悔罪，依法不需要判处刑罚或者免除刑罚，自愿接受培训的人员。三是因恐怖活动犯罪、极端主义犯罪被定罪处刑，刑满释放前经评估仍有社会危险性，人民法院依法决定在刑满释放后进行安置教育的人员。对第一、第三类人员，根据《中华人民共和国反恐怖主义法》第二十九条、第三十条的规定，依法进行帮教或安置教育。对第二类人员，则本着宽严相济的刑事政策，打击少数、挽救多数，对认罪悔罪、自愿接受培训的人员，在依法作出不起诉决定后对其进行帮教。 |
| 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 accordance with 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. | | 新疆开展教培工作的具体法律程序是，由有关机关依照《中华人民共和国刑法》《中华人民共和国刑事诉讼法》《中华人民共和国反恐怖主义法》等相关法律法规规定，对相关行为性质和情节进行认定，对相关人员作出处理。其中，对第一类人员，由公安机关依法作出处理，由教培中心进行帮教；对第二类人员，由公安机关依法侦查，检察机关经审查作出不起诉决定后，由教培中心进行帮教；第三类人员在刑满释放前经评估具有社会危险性的，依据人民法院决定在刑满释放后进行安置教育。 |
| The vocational education and training centers shall provide the people mentioned above with residential vocational training free of charge, and issue 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. | | 对上述人员，通过“集中培训、寄宿学习、实践培养”等多种形式开展免费职业技能教育培训，并在学员考核达标后颁发结业证书。学员结业后，可以自主择业，也可以由有关部门协助安排就业。 |
The education and training efforts in Xinjiang are also in line with the 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 counterterrorism 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 Program 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.
．．．．．． | | 新疆教培工作也符合国际社会有关公约、倡议中明确的基本原则。作为国际社会负责任的一员，中国积极支持联合国在国际反恐合作中发挥主导和协调作用，坚持遵循《联合国宪章》和其他国际法原则准则，支持联合国安理会通过的一系列反恐决议，大力推动《联合国全球反恐战略》（60/288）全面实施。目前，中国已加入《制止恐怖主义爆炸的国际公约》《制止向恐怖主义提供资助的国际公约》《制止核恐怖主义行为国际公约》《反对劫持人质国际公约》等国际反恐公约。此外，在上海合作组织框架下，中国与有关国家缔结了《打击恐怖主义、分裂主义和极端主义上海公约》《上海合作组织成员国合作打击恐怖主义、分裂主义和极端主义构想》《上海合作组织反恐怖主义公约》《上海合作组织反极端主义公约》《上海合作组织成员国合作打击恐怖主义、分裂主义和极端主义2019－2021年合作纲要》《上海合作组织成员国和阿富汗伊斯兰共和国关于打击恐怖主义、毒品走私和有组织犯罪行动计划》等文件。
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