Abstract
China’s implementation of international refugee law and its asylum policies have long been of interest to numerous state and international non-state actors, especially regarding specific migrant groups in China. Despite China’s high regards for international refugee law and a firm belief in the importance of international protection of refugees and asylum-seekers, international observers often argue that China is not meeting its legal obligations under international refugee law. The finding of this research is, despite China’s past implementation of favorable asylum policies, and improvements in its application of international refugee law, including the beginning stages of drafting a national refugee law; there remains a gap between China’s implementation of international refugee law and international norms. Thus, reforms are needed in China’s asylum practices so that it is consistent with international practices. One key factor for this gap is, China’s current legal framework and policies do not offer a long-term and durable solution for some refugees and asylum-seekers. Additionally, its asylum framework does not provide all conditions expected of a State that is a party to the “Refugee Convention”. Furthermore, China’s asylum policies differ among “persons in need of protection” regarding treatment and reception policy. The next crucial step for China in implementing international refugee law should be completing the drafting and adoption of national refugee law that is in line with the “1951 Refugee Convention” and “1967 Protocol”.
Highlights
The use of the term “asylum-seeker” refers to the UN High Commissioner for Refugees (UNHCR) definition which defines “asylumseekers” as people who flee their own country and seek sanctuary in another country, they apply for asylum—the right to be recognized as a refugee and receive legal protection and material assistance
With an increasing number of asylum seekers, and with encouragement and support from both UNHCR, Chinese legal scholars and researchers, China has sought to draft a national refugee law.”5. This move will likely address current and past asylum issues, such as those of Indochinese refugees that have resided in China for more than thirty years but still lack certain rights afforded them under international refugee law
China provides them with necessary assistance in conformity with common practices on the basis of humanitarianism.”6. This conflicts with views of international actors who argue, when asylum-seekers are granted protection in China, conditions, and welfare differ among refugee groups and are usually subpar in most cases
Summary
As of June 2017, 65.6 million people in the world were forcibly displaced from their homes. With an increasing number of asylum seekers, and with encouragement and support from both UNHCR, Chinese legal scholars and researchers, China has sought to draft a national refugee law.”5 This move will likely address current and past asylum issues, such as those of Indochinese refugees that have resided in China for more than thirty years but still lack certain rights afforded them under international refugee law. China provides them with necessary assistance in conformity with common practices on the basis of humanitarianism.”6 This conflicts with views of international actors who argue, when asylum-seekers are granted protection in China, conditions, and welfare differ among refugee groups and are usually subpar in most cases. Friendships with its neighbors, bi-lateral treaties, public security and its desire for regional stability are some challenges Chinese authorities take into consideration before full implementation of the Refugee Convention
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