China imposes 'draconian' controls on foreign NGOs

China has passed a law imposing strict controls on foreign NGOs giving security forces the ability to detain and deport those viewed as involved in 'subversive' activities.

Chinese travellers head to their trains as people travel to their hometowns for the "Spring Festival" or Lunar New Year at Beijing Train Station (FRED DUFOUR/AFP/Getty Images)

File. Source: AFP

Rights groups say a newly adopted law in China - passed by lawmakers with a landslide - gives police unprecedented power to restrict the work of foreign groups in the country.

It's been condemned by civil society groups as draconian and is viewed as the latest in a string of clampdowns by President Xi Jinping's administration on civil society.

Officials in Beijing say the legislation, which comes into effect 1 January 2017, will allow foreign NGOs within China to function in a "smoother and more orderly manner".

"The legal rights of foreign NGOs, under the regulations and direction of the law, will be guaranteed more sufficiently and favourably," said Zhang Yong, from the National People's Congress Law Committee.


"What laws like this do is that they legalise human rights abuses," said Human Rights Watch Australia Director, Elaine Pearson.

The new bill allows foreign NGOs to operate more than a single in-country office and to operate beyond a five-year limit, but also means they must be registered with the police. The police can raid offices, examine bank accounts, blacklist, detain or deport those seen as "splitting the state, damaging national unity, or subverting state power."

She says the law will have knock-on effects, limiting domestic groups' ability to obtain foreign funding and work with foreign organisations.

"Right now in China we're seeing the greatest crackdown on civil society since Tiananmen Square, really the last two decades." said Ms Pearson.

Germany has described the laws as "too restrictive"; the White House said it was "deeply concerned".

Officials say the bill incorporates feedback from NGOs after widespread criticism of the earlier drafts. Activists say it's the latest move amid a renewed crackdown on dissent, including proposed laws on counter-terrorism and cyber security, and raids on domestic civil society groups.


"There are a minority of foreign NGOs that through the means of fund and some methods will manage to harm China's national security interests and some other illegal criminal activity," said Department of Public Security NGO Director, Hao Yunghong.

One group deemed such by the state is China Action, an organisation providing direct legal aid to people alleging human rights violations. Their founder, Swedish citizen Peter Dahlin, was arrested in January for "endangering state security" and held until a nationally televised confession.

Earlier this month President Xi Jinping asked officials to show "greater tolerance and patience toward internet users," in a country where Facebook and Twitter are blocked - but also to promptly correct erroneous opinions.


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