Abstract

China faced refugee-related problems at least four times in the past four decades, namely the Indochinese refugee crisis in the late 1970s and the early 1980s, the entry of the North Korean escapees since the mid 1990s, and the influx of displaced Kokangs and Kachins from Myanmar in 2009 and 2011, respectively. However, how China defines a refugee remains behind the bamboo curtain. There are no domestic, legislative, or administrative provisions governing the definition of refugees or procedures of refugee status determination; the 1951 Refugee Convention and its 1967 Protocol, to which China has been a party since 1982, has not been incorporated into Chinese law to become fully enforceable domestically. This article examines China’s definition of a refugee. First, it explores the relevant legal and policy framework. Second, it looks at China’s practice with refugees and asylum-seekers. Third, it discusses a few factors affecting how China defines a refugee.

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