Foreign NGOs: Surviving in China? A Case Study Analysis of the Overseas NGO Law's Impacts on Foreign Environmental NGOs in China

Abstract

The introduction of the Overseas NGO Law in China in 2017 caused many to speculate about the future of foreign non-governmental organizations in China. The law’s passage, as well as the tightening space for civil society more broadly, marked a decisive shift in the regulatory environment for foreign NGOs by placing them under the direct supervision of the Ministry of Public Security. That the Chinese government views foreign NGOs as primarily an issue of national security raises questions about their future survival and effectiveness. This thesis will seek to understand how the Overseas NGO Law has impacted a group of foreign NGOs through a case study analysis of four international environmental NGOs in Beijing. It will also discuss two bodies of theoretical literature, on NGO-state relations in China and on the behavior of international NGOS (INGOS), and examine the extent to which selected theories apply to the new regulatory context under the Overseas NGO Law. This study finds that the law has negatively impacted organizations’ operational freedom, but only negatively impacted some organizations’ ability to pursue their missions in a way they view optimal. Organizations with close relationships with government officials and a collaborative strategic approach have found it easier to pursue their goals under the law. This study also finds that the theories of disaggregated corporatism and principled instrumentalism are useful for illustrating current NGO-state relations and foreign NGOs’ behavior, respectively. I propose that the two theories are complementary and together can provide a richer explanation of how foreign NGOs in China may behave under the ONGO law.