China: Scrap Foreign NGO law aimed at choking civil society

Publisher Amnesty International
Publication Date 28 April 2016
Related Document(s) Submission to the NPC Standing Committee's Legislative Affairs Commission on the second draft Foreign Non-Governmental Organizations Management
Cite as Amnesty International, China: Scrap Foreign NGO law aimed at choking civil society, 28 April 2016, available at: https://www.refworld.org/docid/5724bc664.html [accessed 17 September 2023]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

The Chinese government must scrap a new law aimed at further smothering civil society, Amnesty International said today.

China's National People's Congress adopted on 28 April a fundamentally flawed law governing Foreign NGOs and their domestic partners. The new law will have severe consequences for freedom of expression, peaceful assembly and association, which are already sharply curtailed under existing laws and policies.

"The authorities - particularly the police - will have virtually unchecked powers to target NGOs, restrict their activities, and ultimately stifle civil society," said William Nee, China Researcher at Amnesty International.

"The law presents a very real threat to the legitimate work of independent NGOs and should be immediately revoked."

The law is the latest in a raft of legislation aimed at bolstering government power under the guise of national security and at the cost of human rights. A sweeping National Security Law, passed in July 2015, defines "national security" in such broad and vague terms that the authorities are essentially given carte blanche.

In December of last year, an Anti-Terrorism Law was passed with virtually no safeguards to prevent those who peacefully practise their religion or simply criticize government policies from being prosecuted on broad charges related to "terrorism" or "extremism".

Later this year the authorities may also pass a Cyber Security Law. The most recent public draft also contained vague and imprecise terms relating to national security and "maintaining social order" that could be used to restrict freedom of expression even further.

In a June 2015 submission to China's National People's Congress Standing Committee's Legislative Affairs Commission, Amnesty International highlighted major shortcomings in the draft Foreign Non-Governmental Organizations Management Law that would stifle civil society and breach China's international human rights obligations.

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