China’s controversial new law on foreign NGOs to include greater police oversight, stricter financial scrutiny
Latest draft gives space to ‘useful’ groups and drive out ‘dangerous’ ones
The latest draft of China’s controversial new law for regulating foreign non-governmental organisations envisages greater police oversight and financial scrutiny of these organisations, while easing some administrative restrictions proposed in the previous version.
Experts said the changes reflected a new approach to foreign NGOs that was intended to give groups deemed useful to the authorities more space and support while driving out those considered dangerous to the authorities.
The proposed law on foreign NGOs, which prompted critics to fear its implementation could drive out many groups operating on the mainland, was submitted to a national legislative session for a third reading this week. State news agency Xinhua said it was likely to be put to a vote.
The United States, Canada and the European Union have urged Beijing to revise previous drafts of the NGO law, which gave more latitude to the police to regulate the activities and funding of overseas groups operating in China.
At least 1,000 foreign NGOs are thought to operate in China, including development charities such as Save the Children, advocacy groups such as Greenpeace, chambers of commerce and university centres.
The new draft seeks to impose stricter oversight on the groups by expanding the already wide-ranging discretionary powers of the police.
It said police would be empowered to “invite for talks” those who were in charge of foreign NGOs and call off any activities deemed a threat to national security.
They could also place foreign NGOs deemed involved in “subversion of state power” and “separatism” on a “not welcome list” that would ban them from setting up offices or organising activities in the country.
The latest draft also steps up financial scrutiny of the groups, imposing strict regulations on their sources of funding and account management.
But the new draft of the law exempted overseas colleges, hospitals and science and engineering research institutes. These will follow existing regulations.
It also removes some other restrictions – such as those limiting foreign NGOs to one office each on the mainland and restricting them to five years of operation.
Professor Chan Kin-man, an NGO researcher at the Chinese University of Hong Kong, said placing foreign NGOs under police management – and not the Ministry of Civil Affairs like their domestic counterparts – reflected the authorities’ view that such NGOs were a potential threat to national security.
“In the past, NGOs all operated in a grey area. But after the law is enacted, it will become either black or white, and the grey area will be gradually wiped out.
“Organisations deemed helpful to China that are not politically sensitive ... will be given more support. Those deemed dangerous will be gradually eliminated.”
A domestic NGO chief said the notion of police “inviting” the groups “for talks” was more a reflection of the “rule of man” than the “rule of law”.
“The accusations of endangering national security and subverting state power could be implemented only after legal procedures. How can public security organs make assertions beforehand?”
Additional reporting by Reuters, Agence France-Presse