BEIJING, CHINA (HRNW) — Human Rights Watch has raised concerns over new Chinese regulations that took effect September 15, saying they expand government authority to prevent Chinese nationals and foreigners from leaving the country.
The regulations, known as Decree No. 841, contain 19 articles governing exit and entry administration. Human Rights Watch says several provisions broaden the circumstances in which authorities can impose exit bans.
Under the new rules, authorities can restrict travel for broadly defined national-security reasons and other circumstances that Human Rights Watch says lack sufficiently clear definitions.
The decree allows authorities to bar Chinese citizens from leaving the country for up to three years in certain cases involving alleged activities abroad considered to endanger national security or interests.
Human Rights Watch also highlighted provisions allowing authorities to withhold notification of an exit ban where disclosure could affect national-security or criminal investigations.
The organization said the rules may also affect foreigners in China, including people placed on government lists connected to national sovereignty or security concerns.
Human Rights Watch argues that international human-rights law protects the right of individuals to leave any country, including their own, subject only to restrictions that are lawful, necessary and proportionate.
The organization warned that expanded exit restrictions could particularly affect human-rights defenders, ethnic minorities, researchers and other people whose international travel is already subject to government scrutiny.
Chinese authorities have defended exit controls as necessary for issues including national security, prevention of corruption and protection of state or technological interests.
Human Rights Watch is urging China to repeal what it considers overly broad provisions and is calling on concerned governments to raise the issue with Chinese authorities.
The new rules have renewed international attention on freedom of movement and the use of exit bans as an administrative tool.
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Disclaimer
This article is based primarily on Human Rights Watch’s assessment of China’s new exit-entry regulations. HRNW presents the concerns about freedom of movement as the organization’s analysis and does not independently determine the legality of individual exit restrictions.
