3 - The Framework: Law, Policy and Institutions

Summary

This chapter provides a systematic review of the legal, policy and institutional framework for refugee status determination and treatment of refugees in China. Although China acceded to the Refugee Convention and Protocol in 1982, it has not established a national mechanism for refugee status determination. Chinese law, as it currently stands, contains few provisions pertaining to refugees or asylum, is silent on who qualifies as a refugee and provides no express protection against refoulement. At the policy level, the Chinese government, in its limited public statements on refugee issues, appears to emphasise addressing root causes, rather than local integration or resettlement, as a preferred solution to refugee crises. In practice, UNHCR is the only organisation that processes asylum applications in China, whereas the Chinese Ministry of Public Security, Ministry of Foreign Affairs and Ministry of Civil Affairs have handled refugees in mass-influx situations without involving UNHCR.