China: The draft Overseas NGO Management law must be substantially revised
CHINA: The draft Overseas NGO Management law must
be substantially revised
Geneva-Paris, June 3, 2015
– The Observatory for the Protection of
Human Rights defenders (a joint programme of the World Organisation against
Torture –OMCT and FIDH), is
extremely concerned about the draft Overseas NGO Management law, which is under
discussion after its second reading by the National People
’s Congress (NPC) in April, as it would
inevitably shrink the space for Chinese civil society and severely restrict
freedom of association and expression in the country.
In a context where overseas NGOs have been
unable to register in China for the past twenty yeas, a new draft law proposes
to restrict further the possibility for overseas NGOs to conduct activities in
China. The draft law requires “overseas NGOs”that want to operate in China to
obtain an approval from a Chinese professional supervisory unit prior to their
registration, and bans the ones that are not registered
[1]with the public security departments of the
State Council and provincial public security departments (Art. 7) from funding
any Chinese individual or organization (Arts. 5 and 6). Furthermore, it
prohibits Chinese groups from conducting “activities”on behalf of or with the
authorization of non-registered overseas NGOs, including those based in Hong
Kong and Macau (Art. 38).
“The requirement for Overseas NGO
to get approval from a professional supervisory unit before they can even start
the registration process raises particular concern, since it represents a deeply
worrisome provision that puts a high level of state oversight and control over
all their activities and poses a serious threat to their freedom of
association”said Gerald Staberock, OMCT Secretary General.
The Observatory is particularly concerned by
the broad and vague wording contained in the draft law, particularly regarding
the definition of “activities”, and fears that this could easily open the
legislation for abuse by the Chinese authorities.
Furthermore, for organizations found in
violation of financial or tax regulationsover funding, the draft law foresees
closure, a fine up to 50,000 RMB (US $8,000) and possible administrative
detention for their staff members (Art. 56).
Despite the very controversial provisions
contained in the draft overseas NGO Management law, the opportunity for public
and civil society to comment on the law has been limited.
“
The fact that at the same time the
Chinese government is discussing two other draft laws on national security and
counter-terrorism is particularly worrisome, since as the UN Special Rapporteur
on the rights to freedom of peaceful assembly and of association clearly
affirmed, putting
constraints on NGO funding in the name of national
security ’or
‘
counter-terrorism’
is illegitimate”concluded Karim Lahidji, FIDH
President.
The Observatory calls upon Chinese authorities
to substantially revise the Overseas NGO Management law by opening and not
restricting the space for civil society, in order to bring it into line with
international human rights standards.The Observatory also generally calls on the
Chinese authorities to respect and protect the independent work of civil society
and human rights defenders in the country.
The Observatory for the Protection of Human
Rights Defenders (OBS) was created in 1997 by FIDH and OMCT. The objective of
this programme is to intervene to prevent or remedy to situations of repression
against human rights defender.
For more
information, please contact:
·
FIDH: Arthur Manet /
Audrey Couprie: +
33(0)143
552518
·
OMCT: Miguel Martín Zumalacárregui: + 41 (0) 22 809 49
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