Why foreign NGOs are struggling with new Chinese law

Only about 1 per cent of the foreign NGOs believed to be operating in mainland China have registered as required by a new law, meaning that thousands could be operating in a risky legal limbo.

The law, which came into effect on January 1, subjects foreign NGOs to close government scrutiny with stringent registration and reporting requirements and gives the police broad powers to question their workers, inspect their offices, look into their documents and even seal off their premises and assets.

Foreign NGOs, who are now required to register with the Ministry of Public Security or its local bureaus, have reacted with concern and anxiety to the new law, which was prompted by the Communist Party’s increasing suspicion of “hostile” Western influences.

Some have frozen all their work on the mainland and some have retreated from it. Some have stayed on, operating under a temporary fix, and others have carried on their work with no intention of registering.

The law is part of a slew of legislation passed by President Xi Jinping’s administration in recent years aimed at safeguarding state security.

Many groups trying to register are running into problems – especially those working in politically sensitive areas – and have found it difficult to convince potential government sponsors to work with them due to a lack of detailed guidance on the law’s implementation and a lack of incentives for sponsors. No groups advocating human rights, workers’ rights or the rule of law have successfully registered so far.