Disir
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- Sep 30, 2011
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China’s controversial new law on foreign non-governmental organizations (NGO) has been in force only a few months – and it’s already heavily impacting and hindering operations by NGOs in the country. Since January 1, foreign NGOs, including foundations, advocacy groups, and business chambers, have had to register with the police and link up with an officially approved Chinese partner or “professional supervisory unit.” But so far, only three dozen organizations, who had been registered under other labels before the law came into effect, have been able to complete the cumbersome process, among them the World Economic Forum, the Bill and Melinda Gates Foundation, and some business chambers, for example those of Russia, India, and Canada.
Many other foreign NGOs, especially those working in political sensitive areas like legal advocacy or political education, are left in legal limbo – and suddenly find themselves unable to pay their Chinese employees, access their Chinese bank accounts, or secure visa extensions for their foreign staff.
....The haphazard and fragmented way the new law is implemented seems to suggest a deliberate attempt to make life difficult for at least some international organizations operating in China. In fact, many foreign NGOs that operated in a legal grey area before the new law took effect are now being pushed into outright illegality.
Whether the bureaucratic inertia is by chance or by design, one rationale for the Chinese approach is undeniable: The “Overseas NGO Management Law” was initiated at the highest political level to counter what the Communist Party of China (CPC) calls Western infiltration. The party deeply distrusts foreign organizations and fears that their influence could undermine the legitimacy of its own leadership and the stability of the one-party system. The alleged role of “Western” NGOs in the so-called “color revolutions” alarmed many in the Chinese leadership.
....Likewise, business associations and chambers of commerce also seem to face less pressure. When the authorities in Shanghai announced the first batch of newly registered organizations in January, four of the six were chambers of commerce.
Overseas NGOs in China: Left in Legal Limbo
Business associations get the nod and all others are prevented unless they are funding those projects that meet with approval.
Many other foreign NGOs, especially those working in political sensitive areas like legal advocacy or political education, are left in legal limbo – and suddenly find themselves unable to pay their Chinese employees, access their Chinese bank accounts, or secure visa extensions for their foreign staff.
....The haphazard and fragmented way the new law is implemented seems to suggest a deliberate attempt to make life difficult for at least some international organizations operating in China. In fact, many foreign NGOs that operated in a legal grey area before the new law took effect are now being pushed into outright illegality.
Whether the bureaucratic inertia is by chance or by design, one rationale for the Chinese approach is undeniable: The “Overseas NGO Management Law” was initiated at the highest political level to counter what the Communist Party of China (CPC) calls Western infiltration. The party deeply distrusts foreign organizations and fears that their influence could undermine the legitimacy of its own leadership and the stability of the one-party system. The alleged role of “Western” NGOs in the so-called “color revolutions” alarmed many in the Chinese leadership.
....Likewise, business associations and chambers of commerce also seem to face less pressure. When the authorities in Shanghai announced the first batch of newly registered organizations in January, four of the six were chambers of commerce.
Overseas NGOs in China: Left in Legal Limbo
Business associations get the nod and all others are prevented unless they are funding those projects that meet with approval.
