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PROMOTING AN ENABLING LEGAL ENVIRONMENT FOR CIVIL SOCIETY AND CITIZEN PARTICIPATION IN COUNTRIES IN ASIA.

Launched in 2005 by the International Center or Civil Society Law (ICCSL), the Asia-Pacific Centre for Civil Society Law (APCCSL) seeks to protect human freedoms, by improving the laws that affect the freedoms of belief, expression, association, assembly, information, and participation throughout Asia Pacific Region.

APCCSL pursues its mission through three separate but inter-related programs: Research and publications; technical assistance; and education and professional development.

Highlights:
 
November 2011
 

China - Guangdong Province Introduces Major Reforms in CSO Registration Process

In a move widely covered in the press and on civil affairs websites throughout China, Guangdong Province's Bureau of Civil Affairs (BCA) has announced a major reform that will make it easier for eight classes of CSOs to register; they will go into effect on July 1, 2012 according to a story in the Legal Daily at http://opinion.people.com.cn/GB/16387115.html. Leap-frogging the provincial development, Guangzhou City BCA has announced that it will put new regulations of a similar type into effect on January 1, 2012. The document is available at http://www.gzmz.gov.cn/zwgl/flwj/gfxwj/201111/11285.html. According to the Guangdong Province NPO website, the national officials are encouraging these pilot projects to go forward and to inform that national effort for reforming the registration process. See http://www.gdmjzz.gov.cn/. (All links in Mandarin) More information on these developments will be found in Karla Simon's next blog on Latest from Alliance.
 
November 2010
 

New listserv for people interested in civil society in China

Professor Karla Simon has begun a new listserv for people interested in civil society in China, hosted by CUA Law School. It already has over 300 subscribers, even though it began a little over two weeks ago. The subscribers include legal academics, academics in other disciplines, practitioners, and journalists. They live in many parts of the world, including China. Conversations so far have been quite robust and have helped to contribute to the scholarship of many list members. The subscription information is as follows:

  • Compose an email to LISTSERV@LISTS.CUA.EDU
  • Leave subject line blank
  • In body type, "subscribe chinacivilsoc subscriber's first name and last name" (without the quotation marks)
 
September 2010
 

Karla Simon quoted in September 2010

Official outlook continues uncertain for Chinese NGOs

Recent moves in China seem designed to ease regulation for local civil society organizations. However, the attitude towards national-level NGOs that receive external funding remains lukewarm. Local experiments, says a paper by Karla Simon and Hang Gao, are being conducted to eliminate the dual management requirement for small community civic organizations (CCOs) in various ways. These include a modified dual management system, a documentation system and a system of registration and management by local Civil Affairs departments.

To read more click on http://www.alliancemagazine.org/node/3440.
 
May 2010
 

Karla Simon Quoted in WSJ China Blog

Stanley Lubman, one of the pre-eminent legal scholars of China, recently quoted two of Prof. Karla Simon's papers in his blog for the Wall Street Journal. "The latest crackdowns reflect only one of various currents in Chinese government policy toward NGOs. A useful analysis by Karla Simon, an expert on China's NGOs, describes a complex regulatory structure and inconsistent administrative patterns. (Karla W. Simon, Regulation of Civil Society in China: Necessary Changes After the Olympic Games and the Sichuan Earthquake Fordham Int’l L. Journal, vol. 32, 2009, 943). Simon also notes that "Experiments have been conducted in outsourcing social services and reforming the registration system to move toward doing away with the "dual management" system. (Karla W. Simon and Hang Gao, Opening the Space: New Developments for China’s Community Organizations.)"

The latter article, which is posted as a "work in progress" to the Social Science Research Network (SSRN) has made several "top ten" download lists in recent weeks.

 
 
November 2009
 

Visit of Chinese Delegation to ICCSL

  

ICCSL hosted a Chinese delegation to the United States, comprised of government officials and CSO leaders. The aim of the delegation was to discuss the role of civil society in environmental protection. Our discussions also ranged over a number of civil society issues, including new developments with regard to the documentation system for a local entity to begin work for public benefit and the proposed charity law.
 
 
June 2009
 

China Visit June 2009
Prof. Lester Salamon of the Center on Civil Society of Johns Hopkins University joined Prof. Karla Simon of the Columbus School of Law of the Catholic University of America and Dr. Leon Irish, President of ICCSL, in a visit to China in early June. The principal purpose was to have a seminar at the World Bank's Beijing office to discuss the draft report "Outsourcing Social Services to CSOs: Lessons from Abroad," which was prepared for the Ministry of Civil Affairs.

Click here for more details and photos from the 2009 China visit.

 
 
December 2007
 

Prof. Karla Simon participated in the "International Symposium on Legal Issues for NPOs" held in Beijing, China. The seminar was sponsored by GTZ, the German international development agency, and the Ministry of Civil Affairs (MoCA). The report on the symposium, which details the discussions and conclusions, is currently being translated into Chinese for use by the Ministry in the development of new legislation (the proposed Charity Law) and regulations. More photos from the symposium are available in the Picture Gallery.

 
What our partners are saying:

From an NGO activist in Mongolia:

Thanks for care about the tax law; your comments were very helpful for us.

From a Japanese civil society researcher and activist:

Thanks again for helping to reform Japanese legal system for not-for-profit organizations. I am sure you and Lee played very important roles. In the quite near future, I would like to trace your roles for the Japanese reform.

From a Chinese law professor and researcher:

I have owned a copy of your long report (144 pages) on taxation of Chinese NPOs. This is the first authoritative research and detailed analysis; now all other Chinese research articles refer to your report. Interestingly, you two are the important drafters. Thanks for your hard work for my country.



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For more information on news items, click on APCCSL News.

January 2012

China

112 Charities to Join Online Disclosure Platform

To restore public trust in charities, 112 Chinese organizations are on track to participate in a government-sponsored information disclosure platform, according to Caixin Online. In the wake of immense public backlash against China’s charities over millions in misused funds, these organizations have pledged to promote information transparency through a new government disclosure platform.

China

Ministries of Civil Affairs and Finance Issue New Audit Guidelines for Foundations Effective January 2012

The new Audit Guidelines, available in Chinese at http://www.mca.gov.cn/article/zwgk/fvfg/mjzzgl/201112/20111200248698.shtml, for the first time require that financials of foundations be reviewed by certified public accountants. This guidance comes in response to a series of scandals in "public foundations" (those with close ties to the government such as the Chinese Red Cross Society and the China Charity Federation) that occurred over the course of the summer and fall 2011.

December 2011

Cambodia

4th Draft of NGO Law Released and Discussed

The highly-anticipated fourth draft of the controversial Draft Law on NGOs and Associations circulated at a meeting of the Cooperation Committee for Cambodia yesterday "is still unacceptable to civil society," attendees told the Phnom Penh Post. Fundamental problems remain with the fourth generation of the NGO Law, "which continues to be a restrictive piece of legislation," civil society organizations said in a media release on December 15, 2011.

China

Ministry Issues Guidelines on Charity Donations

The Ministry of Civil Affairs (MCA) issued a new guideline on December 16, 2011 to offer suggestions to charity groups on how to disclose donation information in the wake of doubts about the transparency of their operations. The government hopes the guideline will improve charity organizations' information publicity and protect the public's right to know and supervise such organizations, said a ministry statement.

November 2011

China

Charity Law Makes Progress

China will make a law on philanthropy, which has been listed on the legislative agenda of the 11th National People's Congress (NPC) Standing Committee and the legislative plan of 2011, according to a report adopted by the NPC Standing Committee at its recently ended bimonthly session.

September 2011

Cambodia

NGO Law Sent Back to Ministry of Interior for Reconsideration

A contentious law aimed at regulating Cambodia’s non-governmental sector has been sent back to the Ministry of Interior, following international concern that the draft as it stood could damage the country's development, according to reports by Voice of America’s Khmer service.

August 2011

Cambodia

Third Version of Draft NGO Law Made Available to Working Group; Local NGO Suspended

The Royal Government of Cambodia released the third version of the draft "Law on NGOs and Associations" on July 29, 2011. Devex.com has suggested that the draft law has now moved from the Prime Minister's Office to an inter-ministerial working group at the Council of Ministers.

China

Breakthrough Judicial Interpretation of Freedom of Information Regulations

A new interpretation of the law by the courts may make it easier for citizens frustrated in their efforts in seeking information from the government to sue the department in question. The ruling specifies situations in which a government department may be sued under the Open Government Information Regulations.