[Foreign
groups working across Chinese civil society — on issues including the
environment, philanthropy and cultural exchanges, and possibly even in
education and business — will now have to find an official Chinese sponsor and
must register with the police. This also applies to groups from Taiwan , Hong Kong
and Macau .]
By Edward Wong
An
event by Greenpeace addressing climate change in
2009. The law subjects foreign groups to oversight by the police.
Credit
Elizabeth Dalziel/Associated Press
|
BEIJING
— China took a major step on Thursday in President Xi Jinping’s drive to impose
greater control and limit Western influences on Chinese society, as it passed a
new law restricting the work of foreign organizations and their local partners,
mainly through police supervision.
More
than 7,000 foreign nongovernmental groups will be affected, according to state
news reports.
Foreign
groups working across Chinese civil society — on issues including the
environment, philanthropy and cultural exchanges, and possibly even in
education and business — will now have to find an official Chinese sponsor and
must register with the police. This also applies to groups from Taiwan , Hong Kong
and Macau .
Those
organizations that do not receive official approval will be forced to stop
operating in the country. Many groups will probably curtail or eliminate
programs deemed politically sensitive, such as training lawyers, in order to
remain.
Groups
that may have a hard time getting approval include those promoting workers’
rights, ethnic equality and religious freedoms.
The
new law is the latest in a series of actions taken by Mr. Xi against the kind
of Western influences and ideas that he and other leaders view as a threat to
the survival of the Communist Party, such as an independent judiciary and media.
Mr.
Xi makes loud pronouncements about ideology, and is expected to enact other
sweeping security laws. He has departed sharply from the direction of several
of his predecessors, who for decades guided China in seeking out foreign expertise to
modernize society.
This
latest move is also part of a wider global trend in which powerful nations, including
Russia and India, are cracking down on nongovernmental organizations and
consolidating power in the state.
The
prospect of the new law caused considerable anxiety among foreign and Chinese
nongovernmental organizations here after an early draft began circulating last
year. Countries including the United States began campaigning for Beijing to scrap or drastically change the proposed
law. Universities also weighed in, since vague wording in early drafts
indicated that educational institutions could be affected. Business
associations raised objections as well.
On
Thursday afternoon, the Standing Committee of the National People’s Congress, which
puts an official stamp on the policies of the Chinese Communist Party, said the
law had passed after a review of the third draft that began on Monday.
The
most draconian aspect of the earlier drafts remained, despite widespread outcry
from foreign groups and governments. It requires that foreign nongovernmental
organizations register with the Ministry of Public Security and allow the
police to scrutinize all aspects of their operations, including finances, at
any time.
In
China , where the domestic security apparatus has
enormous power, the police could do that anyway, but foreign groups fear that
the police will monitor their activities with much greater vigor given this
newly formalized authority. The law states that any employee of such a group
can be interrogated at any time.
In
addition, such groups must find an official Chinese partner organization. The
law does not define what kinds of Chinese groups will be approved partners, and
it is unclear how that determination will be made and by whom. Foreign groups
fear that Chinese organizations will not want to take the risk.
“I
think more important than the law itself will be its implementation, and I
think overseas NGOs now need to turn their focus to how they can be involved in
the implementation process, which will be long and drawn out,” said Shawn Shieh,
a deputy director at the China Labor Bulletin in Hong Kong who closely tracks
the work of nongovernmental groups in China.
The
Public Security Ministry will need to hire staff members and take other steps
to enact the law, he said, “and overseas NGOs will need to communicate
frequently with Public Security, educate them and maybe even provide services
such as workshops, trainings and advice on how to manage NGOs and their
projects and activities in China .”
Some
officials in Beijing have characterized foreign nongovernmental
groups as “black hands” working to undermine one-party rule in the country. Those
suspicions have grown under Mr. Xi.
Officials
have accused such groups of instigating the pro-democracy Umbrella Movement in Hong Kong and protests in Tibet , as well as trying to quietly usher Chinese
society toward Western ways via what Mao Zedong called a “peaceful evolution.”
“The
foreign NGO management law is like many other Xi-era initiatives: yet another
tool to legalize human rights abuses,” said Sophie Richardson, the China director at Human Rights Watch.
Xinhua,
the state news agency, said this week that the third draft of the law included
a new phrase that broadly defined the groups affected by the law — groups “such
as foundations, social groups or think tanks.”
The
draft also said that academic and research groups and hospitals would be
beholden to “relevant provisions of national law.” Xinhua interpreted that to
mean that those organizations might not fall under the new law, since
foreigners had expressed concern over the potential harm to academic programs. But
Jeremy L. Daum, a senior researcher at the China Center of Yale Law School, noted
on the China Law Translate blog that the language was vague and “somewhat
confusing.”
A
few foreign nongovernmental groups, including the Bill & Melinda Gates
Foundation, do operate with official sanction in China now, and it is unclear whether they will
need to follow the new procedures.
Certain
types of nongovernmental organizations — like groups that work with Chinese
human rights activists or lawyers — will have little chance of finding an
official partner or registering with the police. One example is theChinese
Urgent Action Working Group, which a Chinese lawyer and a Swedish resident of Beijing founded seven years ago and registered as a
business in Hong Kong .
The
group offered legal training and assistance programs, supporting activist
lawyers and grass-roots lawsuits against officials. In recent months, the
police forcefully dismantled the group by arresting members. The Swede, Peter
Dahlin, was detained in January and forced to make a televised confession of so-called
crimes before being deported.
The
passage of the law also raises questions of whether more mainstream foreign
nongovernmental organizations will independently decide to cut certain programs,
like initiatives promoting government transparency, or self-censor to secure a
Chinese partner and register with the police.
There
has been a heated debate this month over whether the American Bar Association
withdrew an offer to publish a proposed book by Teng Biao, a Chinese human
rights lawyer, to avoid any potential fallout from the Chinese government. The
bar association has a small office in Beijing that runs a rule-of-law program, although
the headquarters said in a statement on Monday that its employees in China had
no say in the decision.
Follow
Edward Wong on Twitter @comradewong.