ABA closes office in China while it measures the impact of new restrictions on NGO activities

 

In the wake of a new law threatening criminal prosecution of foreigners engaging in human and legal rights work in China, the ABA Rule of Law Initiative closed its Beijing office in December.

China’s detailed regulation of nongovernmental organizations, which went into effect Jan. 1,
is the most comprehensive statutory crackdown on foreign influence among an increasing number of countries seeking greater control over civil society, including Egypt, India, Pakistan and Russia, says Mark Sidel, a professor at the University of Wisconsin Law School in Madison.

Clearly targeting legal activism for reform, the law says foreign organizations must “not threaten China’s security or national and ethnic unity” and shall not engage in “political activities.” They must register with police, get Chinese sponsors and submit detailed plans for projects. Their financial records will be audited by Chinese accounting firms.

The Law on the Management of the Activities of Overseas NGOs Within Mainland China lists a number of reasons for revoking NGO registrations, such as “inciting resistance against the enforcement of laws and regulations” and “other activities that undermine state security and harm national interests or societal public interests.” The law says that those responsible for NGOs attempting to “undermine national unity or subvert state power, or commit other such crimes” will face criminal charges.
The ABA ROLI office moved to Hong Kong, an autonomous territory where government controls are a bit more relaxed, when it closed its office on the mainland.