In July 2024, I had the opportunity to visit and spend nearly two weeks in China, a nation that has seen unparalleled economic and social development. As China navigates its post-pandemic recovery, its legal reforms and child protection efforts were high on my agenda.
The visit was a critical juncture, coming at a time when China had just lifted its zero-COVID policy, enabling the country to re-engage with global civil societies and foreign governments.
During my visit, I was reminded of the early days of foreign philanthropy in China—particularly the Ford Foundation’s pioneering role in supporting legal reforms and the path it laid for future international cooperation.
The Ford Foundation’s early engagement in China’s legal system offers a historical reference point and a turning point. Beginning in 1979, Ford funded legal educational exchanges and collaborated with China’s leading law schools, including the Chinese Academy of Social Sciences (CASS), to foster a new generation of legal professionals.
These efforts were crucial in rebuilding China’s legal system post-Mao and provided the foundation for later reforms, including those related to child protection.
The trip coincided with China’s 103rd anniversary of the founding of the Communist Party of China (CPC) celebrations this July, a pivotal year in which the nation reinforces its commitment to human rights through a range of legal reforms.
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These efforts began decades ago with the support of foreign organisations like the Ford Foundation, which, in 1979, became one of the first foreign NGOs to engage with China post-Mao Zedong.
Over the years, foreign legal assistance has played an instrumental role in shaping legal education and advocacy for human rights in China. Today, China boasts nearly one million social organisations (NGOs), illustrating the immense growth and continued importance of domestic and international efforts in addressing the country’s social and legal challenges.
Child safeguarding
This was not my first time in China on a similar mission. In 2019, for instance, while on a similar trip to Beijing, we met Chinese tech giants, including TikTok, Alibaba, Xiaomi, and Huawei.
The purpose was to tap into the global pool of experts in child safeguarding to ensure child online safety is multi-faceted, and these corporations’ efforts are a significant part of the global conversation on protecting children in the digital space.
For instance, TikTok has implemented several safeguards to limit young users’ online exposure. These include daily screen time restrictions, private accounts for users under 16, and the disabling of direct messaging for younger teens.
They have also introduced Family Pairing, a feature that allows parents to control their child’s app activity. Despite these significant efforts, challenges persist in protecting children from online predators and harmful trends, indicating a need for continuous improvement and vigilance in these rapidly evolving digital spaces.
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Anyone new to the CPC’s progressiveness will be surprised to learn that the CPC contracts non-governmental organisations (NGOs) to work on social services with government funding.
This was in 2013, which reflects the Chinese government’s attempt to reform its public service delivery system. The policy specifically aimed at transforming government functions and strengthening social management by outsourcing social services to NGOs and other social forces.
Substantial control
While contracting ensures the NGOs have access to funding opportunities, the CPC maintains substantial control over these organisations, steering them towards service delivery rather than advocacy and ensuring that NGOs remain dependent on government contracts.
This contracting system reflects a blend of neoliberal governance structures with absolute control in China’s unique political and social context.
While China’s focus on economic rights and development as human rights is commendable, the protection of children, particularly in schools, requires more robust enforcement mechanisms. Child abuse, especially within educational institutions, remains a pressing issue in the country.
Despite China ratifying the Convention on the Rights of the Child in 1992, gaps in legal protection and underreporting still hinder the full realisation of these rights. My trip revealed a country making concerted efforts but still grappling with effective enforcement and accountability.
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A 2023 survey indicated that 5.3 per cent of middle school students in Anhui Province reported experiencing physical or sexual abuse in school. Historical data from Hebei Province show that 53 per cent of children had been subjected to punitive actions such as forced kneeling or running.
These cultural norms and weak enforcement of child protection laws present ongoing challenges. During my visit, discussions with NGOs and civil society leaders confirmed that while China’s legal framework has evolved, its enforcement mechanisms still require significant strengthening.
Important lessons
China’s journey towards modernising its legal and social frameworks, particularly in the post-COVID era, offers important lessons on the relationship between development and human rights.
The country’s ability to balance economic progress with human rights advancements was partly facilitated by early partnerships with organisations like the Ford Foundation, which played a key role in shaping China’s legal system.
However, the more important work of the next century will be ensuring that laws, especially those related to child protection, are not only written but also enforced. My visit left me with hope but also a clear understanding that the road ahead requires vigilance, collaboration, and sustained action.
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While China’s efforts to strengthen economic rights and alleviate poverty have garnered international attention, the role of both domestic and foreign NGOs in these reforms is increasingly significant.
Whether through educational initiatives, legal advocacy, or child protection campaigns, the nearly one million NGOs operating in China today are pivotal in bridging gaps between legislative intentions and societal needs.
NGOs, including international actors such as the Ford Foundation, have contributed to building the legal frameworks needed to safeguard children and elevate millions out of poverty.
Kiiya Joel Kiiya is the founder and chief executive of C-Sema. He can be reached at kiiya.jk@sematanzania.org or on X as @KiiyaJK. The opinions expressed here are the writer’s own and do not necessarily reflect those of The Chanzo. If you are interested in publishing in this space, please contact our editors at editor@thechanzo.com.
