Reflecting Ethnicity on Refugee Policy: China’s Changing Refugee Policy along with Ethnic Minorities

Abstract

This study examines China’s inconsistent refugee policies in response to various asylum seeker groups, focusing on four major cases: ethnic Chinese from Vietnam, North Korean escapees, ethnic Kokangs, and ethnic Kachins from Myanmar. Despite being a signatory to the 1951 Refugee Convention, China lacks a comprehensive domestic legal framework for refugee protection, leading to varying treatments of refugees based on political, economic, and ethnic factors. While neighboring countries like South Korea and Japan have established standardized refugee systems, China’s policies fluctuate depending on diplomatic relations and socio-economic interests. Ethnic and cultural ties between refugee groups and China also play a significant role in determining their treatment, with refugees sharing ethnic connections to the Han majority receiving more favorable treatment. Conversely, groups like North Koreans and Kachins, with cultural affiliations to ethnic minorities in China, face harsher conditions. This study highlights the need for a legal framework that aligns with international standards, ensuring consistency and reducing the influence of political, economic, and ethnic factors. Ultimately, it contributes to the literature by offering a more holistic analysis of China’s refugee policies, considering ethnic minority policies as a key factor shaping the government’s approach to asylum seekers.