Saturday, July 8, 2017

Rights for expats in China

While most Chinese are convinced that foreigners "have it easy" in China, the truth is that operating in China as an outsider can be very difficult.

A group of foreigners in China have now started a Wechat channel called "expat rights", which recently came to my attention. The channel is supposed to agitate for the rights of foreign expatriates in the country. Unsurprisingly, they do not publicize their names (although since Wechat is a Chinese app, this doesn't exactly guarantee their anonymity). They claim to be currently applying for NGO status, although I would be extremely surprised if this was granted to them.

The group's "manifesto" lists the following four demands: "1.We would like China to treat "expats" with legal protections like Chinese get in our home countries. 2. We want a national ID card 3. We want police raids on expat establishments to stop. 4. We're tired of carrying out passport everywhere."

The first two points strike me as well meaning, but naive. The legal protections Chinese people get in 'our home countries" (supposedly referring to Western democracies) are the same protections that everyone gets in those countries, due to the presence of a properly functioning rule of law. Unfortunately no one really enjoys such protections in China, neither foreigners nor locals. National ID cards are indeed available to resident foreign nationals in many European countries, but given the way China works, it is just unthinkable that foreigners will be given their own 身份证 any time soon (although perhaps asking for it might do no harm? Like Che Guevara said, "be realistic, demand the impossible").

The last two points seem more realistic. The constant raids that bars frequented by foreigners have been subjected to in Beijing are unjustifiable and serve no good purpose (or perhaps the purpose of scaring foreigners away from Beijing?). The legal requirement that foreigners who live in China carry their passport with them at all times is unreasonable and not in line with the laws of most countries of the world. Few foreigners follow it, at most carrying a photocopy with them. And while the police may normally accept a photocopy, the law states that you should have the original on you, leaving them an avenue to harass random foreigners when they want to (for instance during the above-mentioned raids).

The group's introductory page finishes with a call to "make a better China, together", trying to make use of the harmonious-sounding language employed by Chinese groups fighting for social change. The other articles on the Wechat channel include one entitled "We teach illegally for you, China", denouncing the hypocrisy behind the crackdowns on foreign English teachers without the right visa, an article calling for all hotels in China to accept foreign guests (some don't), and other articles denouncing cases of petty racism against foreigners. There is also practical advice on what foreigners should do if they are caught in a legal dispute with their employer, and on how to claim the money from their Chinese pension fund back before leaving the country.

I don't know who the people behind this initiative are and I don't necessarily agree with all their views, but whoever they are they've definitely got guts.


1 comment:

justrecently said...

I don't think they're naive. The legal protections Chinese people get in 'our home countries' is a Trojan horse: if foreigners get those rights in China, Chinese citizens would have a nationalistic ace. The government can't treat foreigners better by law, than Chinese nationals.

The raids are (at least partly) motivated by xenophobia. This is how the party makes Chinese nationals feel proud.