Apology Resolution for the Chinese Exclusion Act Is a Breakthrough, but Regrets Remain

Published in Beijing News
(China) on 20 June 2012
by Jingjun He (link to originallink to original)
Translated from by Xiaowan Zhou. Edited by .

Edited by Gillian Palmer

According to the Xinhua News Agency, on June 18, the United States House of Representatives passed a resolution unanimously apologizing for the Chinese Exclusion Act. This resolution was passed unanimously by the United States Senate last November. The action by the House on June 18 is equivalent to completing the legal procedure of the resolution in the legislature.

The purpose of legalizing this action is to formally apologize for previous exclusion and discrimination against Chinese practices via national legislation. Its seriousness has surpassed that of formal or informal apology by any governmental official. This seriousness in certain procedures makes up for imperfections due to the apology being 130 years late in its arrival.

The Chinese Exclusion Act, passed in the U.S. 130 years ago, was the first act in U.S. history that put restrictions on immigrants. The United States is a country of immigrants. Chinese immigrants became the first ethnic group to be excluded and discriminated against by the U.S. federal system. The Chinese Exclusion Act lasted for 60 years, until 1943, when it was finally abolished.

The Chinese Exclusion Act banned Chinese immigrants from owning real estate, marrying white people, immigrating for family reunification, working in the government and appearing in courts with white people. The legislative reason behind the act was based upon discrimination against Chinese ethnicity and culture. The act was the product of “pride and prejudice” of the white people toward the Chinese, and historical portrayal of the suffering Chinese of that era. The Chinese Exclusion Act made Chinese unable to lift their heads in the United States — the so-called “cultural melting pot.” Its legacy and influence still exist today. One such example is the United States Code, which still retains in its table of contents the Chinese Exclusion Act.

From a historical point of view, although the U.S. at that time was a democratic and free nation in the eyes of the great thinker Tocqueville, the limitations of history still engraved words such as “mistake” and “regret” in the growing process of the United States. Yet, the U.S. has made national apologies for putting Japanese Americans in concentration camps during World War II, overthrowing the Hawaiian native dynasty, slavery, unfair treatment of Native Americans and several more “sins of history.” Even today, there are still many ethnic Americans and groups seeking apology from the United States for its unfair treatment of them or their nationality in the past.

In this respect, the late arrival of the apology resolution for the Chinese Exclusion Act is not only a breakthrough for the United States, but also an important breakthrough for Chinese Americans and Chinese people all over the world.

The unanimous agreement upon the apology resolution coincides with the 2012 general election year. It means that the United States has recognized the determination and capacity of Chinese political participation and the decisive influence of 4,000,000 Chinese American voters. This final vote is what won the dignity that was once damaged for the Chinese. The rise in social status of the Chinese community in the mainstream United States will further solidify the feeling and friendliness among Chinese people of different backgrounds and provide a better basis for integrating into American society.

Because the apology resolution only apologizes for the “affair,” not to the “people,” it does not address compensation problems related to the people who were damaged at that time, and their descendants. Therefore, this apology resolution is more declarative. At first glance, it seems serious and deep, but it still contains regrets.


据新华社报道,6月18日,美众议院全票通过了《排华法案》道歉案,由于去年10月美国参议院就全票通过了这一道歉案,6月18日众议院的行动,相当于在立法机构层面上完成了道歉案的法律化程序。

  这一法律化的本质,就是以国家立法的形式,正式就曾经排斥和歧视华人的做法而进行国家道歉,其严肃性超过了政府官员的正式或非正式道歉。这一严肃性,一定程序上弥补了130年的迟到而产生的缺憾。

  美国130年前通过的《排华法案》,是美国历史上第一个限制外来移民的法案,作为移民国家的美国,华人移民反而成了第一批被美国国家机器系统性排斥和歧视的族群。《排华法案》一直存续60年,直到1943年才被废除。

  《排华法案》禁止华人在美拥有房产、禁止华人与白人通婚、禁止华人妻子儿女移民美国、禁止华人在政府就职、禁止华人同白人在法院对簿公堂。《排华法案》的立法理由,就是基于对华人族裔的种族和文化的歧视,是美国白人族裔对华人的“偏见与傲慢”的产物,也是那个时代背景下苦难的中国人的历史写照。《排华法案》令华人在美国这个所谓的“文化大熔炉”里抬不起头,其遗毒甚至影响至今。《美国法典》上依然保留有“排华”目录,这就是一个例证。

  从历史的角度看,当时的美国虽然在大思想家托克维尔的眼里为民主自由国家,但历史的局限仍然在美国的成长过程中,刻尽了“错误”与“后悔”等字眼。然而,美国仅就二战期间日裔美国人被关进集中营、武力推翻夏威夷土著王朝、黑奴制、印第安人不公平待遇等数个“历史罪孽”作出过国家道歉。到今天为止,依然有许多族裔的美国人和团体,因历史上的不公正的待遇,或其祖籍国被美国不公正的对待,而在寻求美国的道歉。

  从这个意义上说,姗姗来迟的《排华法案》道歉案,不仅是美国自我的突破,更是美国华人及全世界华人的重要性突破。

  道歉案的全票通过,正好与2012年大选年的时机吻合,这一意义在于美国社会认可了华人的参政决心与能力,认可了400万华裔美国人手中选票的影响性作用。是选票最终令华人赢得了曾被损害了的尊严。华人群体在美国主流社会地位的上升,将进一步凝结不同背景的华人的感情和亲近感,为进一步融入美国社会提供更好的基础。

  由于道歉案的提案人,只要求对“事”道歉,而不强求对“人”道歉,《排华法案》道歉案并不涉及对当年受到损害的华人及其后人的赔偿问题,所以这一道歉案,更多只是宣示性的。这也是这一道歉案,看似严肃而浓重,却依然带有遗憾的地方。
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