Exit ban: Rising difficulty of leaving China for Chinese and Foreign nationals

China has expanded its ability to impose exit bans on individuals trying to leave the country, according to a report by Madrid-based human rights group, Safeguard Defenders. Since President Xi Jinping came to power in 2012, the Chinese government has passed five new or amended laws, bringing the total number of exit bans to 15. Between 2016 and 2020, the number of cases where exit bans were mentioned in the Chinese Supreme Court’s legal database rose eightfold, the report stated.

The report found that exit bans have become one of many tools used by the Chinese Communist Party to tighten control over people’s lives. Local laws governing the use of exit bans are vague, ambiguous, complex, and often impossible to appeal, according to the study. 

What is the latest amendment?

The most recent amendment to the Counter-espionage Law permits exit bans on individuals under investigation or Chinese nationals who are deemed to pose a national security risk after leaving the country. The report estimates that tens of thousands of people in China are currently on exit bans at any given time, despite the lack of official data. The group also notes that many of these bans are unjustified and violate the Universal Declaration of Human Rights principle of 'Freedom of Movement'.

Situation has worsened in past 5 years

The report also found that the problem of politically-targeted exit bans had worsened over the past five years. Among those targeted have been lawyers, journalists, foreign business executives, and dozens of foreigners who have been prevented from leaving China in recent years.

Foreign business lobbies have expressed concern that changes to Beijing’s counter-espionage law announced last week may increase the risk of arbitrary exit bans being imposed. The American Chamber of Commerce warned that this increased scrutiny of firms could significantly increase the uncertainties and risks of doing business in China, and called for caution from investors.

Exit bans have become a key tool for the Chinese government to prevent individuals from leaving the country, often without any clear legal justification. These bans can have devastating consequences for those affected, preventing them from seeing their families or returning to their work and homes abroad. The expansion of exit bans is part of a broader trend of tightening controls in China under the leadership of President Xi Jinping, which has seen restrictions on freedom of expression and civil society, as well as increased surveillance and censorship.

What is the impact of this policy on the lives of individuals?

Perhaps the best way to understand the impact of this policy on the lives of those impacted would be to look at a specific case. Activist Guo Feixiong's heartbreaking story sheds light on China's use of exit bans to harass human rights defenders. In 2021, he was stopped at the border while attempting to visit his wife, Zhang Qing, who was receiving cancer treatment in the US.

Guo was informed that he was barred from leaving the country for national security reasons, a term often used by Chinese authorities to justify targeting HRDs. After disappearing for several months, Guo resurfaced to learn that his wife's condition had deteriorated. Zhang expressed her dismay at the situation from her hospital bed, stating, "Never could I imagine the Chinese authorities were capable of such inhumane cruelty - to keep him locked up when my life is coming to an end."

Tragically, Zhang passed away in January 2022, and two days later, Guo was arrested by the police. This incident highlights the severe human rights abuses taking place in China and the need for international attention and intervention to hold the Chinese government accountable.