06/08/2015, 00.00
CHINA
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Chinese lawyers calls for rewrite of repressive state law on NGOs

An open letter to the National People’s Congress calls for the withdrawal of the draft regulation of management of foreign non-governmental organizations: " the government has a vested interest in NGOs as a means to work for the welfare of ordinary people". The proposed text gives "too much power to the police" and still limits the flow of donations from abroad. A Catholic source tells AsiaNews: "We are very concerned, we hope that the government reconsiders this”.

Beijing (AsiaNews) - The draft law on foreign non-governmental organizations (NGOs),operating in China " poorly drafted, too broad, lacking adequate time for public consultation, and granting overly broad powers to the government. It should be withdrawn and rewritten to better adhere to the reality of a world in need of this service", reads an open letter sent by a group of more than 30 lawyers to the National People’s Congress - the "parliament" of China, which meets once a year to ratify the government decisions - about the new law entitled "Management of foreign non-governmental organizations".

According to the lawyers, the government "has not allowed for consultation and is given too much power in the management of NGOs." Huang Sha, one of the signatories, told Radio Free Asia: "One of the government's main aims in forcing government registration on NGOs to prevent their infiltration by 'foreign forces’. But they should take the view that the government has a vested interest in NGOs as a means to work for the welfare of ordinary people, and they should take better care of both NGOs and the people"

According to the draft, all NGOs based outside China must obtain prior approval from the police before they can operate on the country. They will have to employ "at least half of the staff" from a government approved agency and under the Ministry of Foreign Affairs. They must present a budget and disclose all financial transactions. They cannot receive funds from abroad. Obviously the obligation to have a "patron", from a government entity or State Department that guarantees for their conduct remains unchanged.

The latest rules (in chronological order) were issued by the Ministry of Civil Affairs in 2012. According to the text, currently in force, all NGOs must publish the exact details all economic transactions. In addition, the Ministry requires each charity to publish costs and revenues during fundraising campaigns that last longer than three months, followed by a more detailed final report. Furthermore, "the foundations should not use their name, image or projects for non-charitable purposes”.

The approved costs for NGOs prohibit the use of public donations to pay "excessive expenses": these include workers’ salaries and unspecified "benefits". The stated purpose is to limit corruption in the sector: at the end of 2011 there were 2,500 registered foundations, double the number in 2005. In total, these funds manage more than 60 billion yuan.

A Catholic source who works within the world of NGOs in China told AsiaNews: "We are very concerned about how the situation is developing. The volunteer groups are forced to follow long and cumbersome regulations, and are in fact obstructed in their charitable work. We hope that the government will reconsider this".

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