Feasibility of China's Refugee Legislation

Chapter 9 Feasibility of China’s Refugee Legislation

According to humanitarian theory, human rights theory and the theory of refugee law, China should make a refugee law. Against the backdrop of human rights and refugee situations at home and abroad, it is feasible, necessary and urgent for China to make a refugee law to polish its international image in human rights, carry out its international obligations, improve its legal system and address refugee issues.

9.1 Feasibility of Refugee Legislation

The Central Government and local governments in China have done much work concerning refugees. The system of refugee administration organs is im- proving. In addition, China has accumulated a great deal of experience in refugee legislation and participated in international cooperation in the field of refugees. Thus, it is feasible for China to accelerate the development of its refugee legislation.

9.1.1 Practical Bases The work concerning refugees by the Central Government and local governments provide a practical basis for refugee legislation. As stated in Chapters 6, 7 and 8, China pays special attention to refugee issues and carries out its obligations though its actions.1 This demonstrates how China plays an important role in refugee protection. Since 1978, unhcr and the Chinese government have settled more than 280,000 Indochinese refugees in 196 settlements in six provinces and autonomous regions, including Guangdong Province, Guangxi Autonomous Region, Yunnan Province, Hainan Province and Jiangxi Province. Up to 2002, the Chinese government contributed usd 746 million. The 280,000 Indochinese refugees in China all lived together with local residents, while the refugee children were also integrated into local schools to receive the same

1 Hao Yalin, ‘State Councillor Tang Jiaxuan Meets with unhcr High Commissioner’ [Guowu Weiyuan Tang Jiaxuan Huijian Lianheguo Nanmin Shiwu Gaoji Zhuanyuan], Xinhua Press, 22 March 2006, http://www.gov.cn/ldhd/2006-03/22/content_233606.htm (accessed 24 March 2013).

Feasibility of China’s Refugee Legislation 423 education with Chinese children.2 In 2008, border residents of Kokang State, Myanmar flowed into China on a large scale due to armed conflicts in Myan- mar. In 2011 and 2013, border residents of Kachin, Myanmar flowed into China on a large scale. While China believes that the Burmese border residents in large-scale influx situations were not refugees, the government handled Bur- mese border residents in these large-scale influx situations properly and pro- vided the border residents entering China with necessities in an exercise of humanitarian spirit, in accordance with international laws, the Emergency Re- sponse Law 2007 [Tufa Shijian Yingdui Fa] and other laws and regulations on responses to foreign-related emergencies. Armed conflicts are the internal af- fairs of Myanmar, which should be solved through consultation by all parties in that country. Border residents in large-scale influx situations were handled as foreign-related emergencies. The border stability maintenance mechanism, settlement and persuasion for returns were launched in accordance with the emergency response plans. China actively protects urban refugees through registration, identification and settlement by unhcr in China. As of July 2014, there were 138 refugees and 410 asylum seekers living in China, other than In- dochinese refugees.3 Local governments also took several initiatives in refugee protection. In 2004, Yunnan Province adopted the Yunnan Province Response Plan of Foreign- Related Emergencies [Yunnan Sheng Shewai Tufa Shijian Yingji Yu’an] in accordance with the State Response Plan of Foreign-Related Emergencies [Guojia Shewai Tufa Shijian Yingji Yu’an]. The Yunnan Province Response Plan of Foreign- Related Emergencies [Yunnan Sheng Shewai Tufa Shijian Yingji Yu’an] clearly provides that:

When no less than 500 ‘refugees’ flow into China, which constitutes the highest level of ‘Level i Emergency’, highest-level emergency response programs shall be launched. These emergency response programs in- clude: Any emergency concerning major national public security must be reported to the next higher level in time, or reported without regard to the levels when necessary, under the unified leadership of the State Council and the unified administration of Public Emergencies Response Plans Leading Group of Yunnan Province with the Governor as the head.

2 Tong Ye, ‘The Fiftieth Anniversary of the Signing of unhcr Convention’, Beijing Youth Daily, http://www.people.com.cn/GB/guoji/22/86/20010728/522394.html (accessed 28 July 2019). 3 Fang Shuchen, ‘Overseas Refugees in China’ [Waiguo Nanmin, Huozai Zhongguo], Vista, 2014(19). c.