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China’s Law on Nongovernmental Organizations Remains Work in Progress China Wrestles With Draft Law on Nongovernmental Organizations
(about 11 hours later)
BEIJING — It has been more than two years since the Chinese government proposed tighter controls on foreign nongovernmental organizations, prompting fears for the future of a wide range of groups active in China, from medical charities to branches of foreign universities and business chambers. Among their concerns are the prospect of requirements to obtain government sponsors and police approval of projects and restrictions on fund-raising. BEIJING — It has been more than two years since the Chinese government proposed tighter controls on foreign nongovernmental organizations, prompting fears for the future of a wide range of groups active in China, like medical charities, branches of foreign universities and business chambers. Among their concerns are the prospect of requirements to obtain government sponsors and police approval of projects and restrictions on fund-raising.
Yet two drafts later, a “Foreign NGO Management Law” still has not passed, raising questions as to if the government is reconsidering whether the national security-driven legislation could crimp international cooperation in areas it cares about — such as education, industry and the environment — as it seeks to expand the economy in new ways.Yet two drafts later, a “Foreign NGO Management Law” still has not passed, raising questions as to if the government is reconsidering whether the national security-driven legislation could crimp international cooperation in areas it cares about — such as education, industry and the environment — as it seeks to expand the economy in new ways.
Few people expect the law to be dropped entirely. Zhang Dejiang, the head of the Standing Committee of the National People’s Congress, China’s legislature, appeared to rule that out on Wednesday, saying it was among “the tasks for this year.”Few people expect the law to be dropped entirely. Zhang Dejiang, the head of the Standing Committee of the National People’s Congress, China’s legislature, appeared to rule that out on Wednesday, saying it was among “the tasks for this year.”
In answer to a request for a comment, the National People’s Congress media office directed queries to an online interview request system. On Friday, a request submitted the previous day was still being processed, the system showed.In answer to a request for a comment, the National People’s Congress media office directed queries to an online interview request system. On Friday, a request submitted the previous day was still being processed, the system showed.
But such has been the pushback from foreign governments, businesses, educational institutions, industry associations and traditional nongovernmental organizations that the brakes may be on, at least temporarily, said one representative of an educational organization, who spoke on the condition of anonymity because of the delicacy of the issue. He questioned if the legislation was being “watered down.”But such has been the pushback from foreign governments, businesses, educational institutions, industry associations and traditional nongovernmental organizations that the brakes may be on, at least temporarily, said one representative of an educational organization, who spoke on the condition of anonymity because of the delicacy of the issue. He questioned if the legislation was being “watered down.”
At a news conference on March 4, just before the opening of the National People’s Congress, Fu Ying, the spokeswoman for the congress, refocused debate on the issue when she said that the government was still reviewing comments on the legislation from around the world, even though the official comment period ended in June.At a news conference on March 4, just before the opening of the National People’s Congress, Fu Ying, the spokeswoman for the congress, refocused debate on the issue when she said that the government was still reviewing comments on the legislation from around the world, even though the official comment period ended in June.
She appeared to say that action on the law was uncertain. “It has still not yet been definitely decided which session of the Standing Committee will submit the review,” Ms. Fu said. “We still have to deal with various recommendations and opinions in order to revise this law well.”She appeared to say that action on the law was uncertain. “It has still not yet been definitely decided which session of the Standing Committee will submit the review,” Ms. Fu said. “We still have to deal with various recommendations and opinions in order to revise this law well.”
But Ms. Fu defended the law as offering foreign nongovernmental organizations clarity. But Ms. Fu defended the law as offering clarity to foreign nongovernmental organizations.
“We need to clearly specify which activities are illegal,” she said, “Mostly we are trying to provide a more standardized legal environment, not trying to restrict foreign NGOs from conducting beneficial activities in China.” “We need to clearly specify which activities are illegal,” she said, “Mostly, we are trying to provide a more standardized legal environment, not trying to restrict foreign NGOs from conducting beneficial activities in China.”
Shawn Shieh, a worker at a Hong Kong-based nongovernmental organization who asked to be quoted in a personal capacity and not on behalf of his organization, said, “I was interested to hear Fu Ying say that they were still reviewing comments on the draft law.” Shawn Shieh, a worker at a Hong Kong-based nongovernmental organization, said, “I was interested to hear Fu Ying say that they were still reviewing comments on the draft law.”
“It’s been almost 10 months since the comments session,” he said. “This delay indicates that there is some debate over this. This draft law contained things of really serious concern, not just for international NGOs but also for those within the system.”“It’s been almost 10 months since the comments session,” he said. “This delay indicates that there is some debate over this. This draft law contained things of really serious concern, not just for international NGOs but also for those within the system.”
A Western diplomat, speaking on the condition of anonymity because he was not authorized to discuss the subject, said that Ms. Fu’s comments “could be code for the fact that it” — the latest draft — “has been passed over, because she didn’t attach a definite time frame for when they would be finished.” A Western diplomat, speaking on condition of anonymity because he was not authorized to discuss the subject, said that Ms. Fu’s comments “could be code for the fact that it” — the latest draft — “has been passed over, because she didn’t attach a definite time frame for when they would be finished.”
Although the government and security forces probably did not heed the opinion of human rights nongovernmental organizations, they might listen to other groups, he said. Although the government and security forces probably did not heed the opinion of human rights nongovernmental organizations, they might listen to other groups, he said. “A lot of international critical comment wasn’t based on human rights issues, but that it would make it very difficult for academic contacts, research organizations” and other groups, he said.
“A lot of international critical comment wasn’t based on human rights issues, but that it would make it very difficult for academic contacts, research organizations” and other groups, he said. Still, the diplomat expected a law to be passed, noting that Foreign Minister Wang Yi had raised the issue in the United States last year. “Wang Yi was in D.C. and said, ‘You can’t have an environment in which these organizations operate without some kind of law,’” he said.
Still, the diplomat expected a law to be passed, noting that Foreign Minister Wang Yi had raised the issue in the United States last year. “Wang Yi was in D.C. and said, ‘You can’t have an environment in which these organizations operate without some kind of law,’ ” he said.
According to Ms. Fu, there are about 7,000 nongovernmental organizations operating in China. In 2014, CSS Today, a newspaper affiliated with the Chinese Academy of Social Sciences, estimated there were about 1,000. But if short-term projects were included, it said, that number would rise to 4,000 to 6,000.According to Ms. Fu, there are about 7,000 nongovernmental organizations operating in China. In 2014, CSS Today, a newspaper affiliated with the Chinese Academy of Social Sciences, estimated there were about 1,000. But if short-term projects were included, it said, that number would rise to 4,000 to 6,000.
Foreign business chambers in Beijing welcomed Ms. Fu’s comments suggesting that the government was considering outside opinion.Foreign business chambers in Beijing welcomed Ms. Fu’s comments suggesting that the government was considering outside opinion.
“It’s important legislation, and the government should take a careful approach,” said Maggie Xie, general manager of the European Union Chamber of Commerce in China. “If they are listening to criticism, it’s a good thing. They should be taking their time to think about this.”“It’s important legislation, and the government should take a careful approach,” said Maggie Xie, general manager of the European Union Chamber of Commerce in China. “If they are listening to criticism, it’s a good thing. They should be taking their time to think about this.”