China

Detains migrants or asylum seekers?

Yes

Has laws regulating migration-related detention?

Yes

Refugees

320

2022

Asylum Applications

785

2022

International Migrants

1,039,675

2020

Population

1,425,700,000

2023

Overview

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

08 December 2022 – China

Recent protests in China over strict zero-covid policies made headlines across the globe because of their rarity and intensity. However, missed in much of the coverage were public protests of foreign migrant workers, who have been particularly impacted by the zero-covid policy, including being subject to lengthy quarantine and detention measures. According to one report, […]

Read More…

Shihuan Chen, “The Workers in Limbo During Guangzhou’s Covid Outbreak,” The World of Chinese, 19 November 2022, https://www.theworldofchinese.com/2022/11/the-workers-in-limbo-during-guangzhous-covid-outbreak/

05 May 2020 – China

On 11 January 2020, Chinese state media reported the first known death from COVID-19. On 23 January, in the middle of the Lunar New Year holiday and almost overnight, China instituted an internal travel lockdown on people in Wuhan and other cities in Hubei in an effort to contain the domestic spread of the virus. […]

Read More…

A Group of Men Standing in Front of Closed Shops in Guangzhou, (D. Vincent,
Last updated:

DETENTION STATISTICS

Total Migration Detainees: Flow + Stock (year)
Not Available
2019

DETAINEE DATA

Total Number of Children Placed in Immigration Detention (Year)
0
2017

DETENTION CAPACITY

ALTERNATIVES TO DETENTION

ADDITIONAL ENFORCEMENT DATA

PRISON DATA

Criminal Prison Population (Year)
1,649,804
2015
1,701,344
2013
1,650,000
2010
1,642,215
2007
1,583,006
2004
1,428,126
2001
1,440,000
1998
1,320,947
1995
Percentage of Foreign Prisoners (Year)
0.4
2015
Prison Population Rate (per 100,000 of National Population)
118
2015
124
2013
123
2010
124
2007
122
2004
112
2001
115
1998
109
1995

POPULATION DATA

Population (Year)
1,425,700,000
2023
1,439,300,000
2020
1,376,049,000
2015
1,363,600,000
2012
International Migrants (Year)
1,039,675
2020
1,030,871
2019
978,000
2015
848,500
2013
International Migrants as Percentage of Population (Year)
0.07
2020
0.1
2015
0.1
2013
Refugees (Year)
320
2022
303,436
2021
303,405
2020
303,379
2019
321,756
2018
321,718
2017
317,239
2016
301,052
2015
301,047
2014
Ratio of Refugees Per 1000 Inhabitants (Year)
0.23
2016
0.22
2014
0.22
2012
0
Asylum Applications (Year)
785
2022
465
2019
493
2016
342
2014
309
2012
Refugee Recognition Rate (Year)
35.3
2014
Stateless Persons (Year)
0
2022
0
2016
0
2015

SOCIO-ECONOMIC DATA & POLLS

Gross Domestic Product per Capita (in USD)
7,590
2014
6,807
2013
Remittances to the Country
64,140
2014
62,497
2011
Remittances From the Country
1,754
2010
Unemployment Rate
2014
Human Development Index Ranking (UNDP)
90 (High)
2015
91 (High)
2014
Pew Global Attitudes Poll on Immigration
52
2007

MIGRATION-RELATED DETENTION

Does the Country Detain People for Migration, Asylum, or Citizenship Reasons?
Yes
2022
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
Yes
2022

GOVERNANCE SYSTEM

Legal Tradition(s)
Civil law
2017
Customary law
2017

LEGAL & REGULATORY FRAMEWORK

Detention-Related Legislation
Exit and Entry Administration Law 30 June 2012(EEAL) (2012) 2013
2012
Regulations, Standards, Guidelines
Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners, Decree of the State Council of the People’s Republic of China, July 12, 2013 (2013)
2013

GROUNDS FOR MIGRATION-RELATED DETENTION

Immigration-Status-Related Grounds
Detention to effect removal
2016
Detention for unauthorised entry or stay
2016
Criminal Penalties for Immigration-Related Violations
Yes (Yes)
2016
Grounds for Criminal Immigration-Related Incarceration / Maximum Length of Incarceration
Unauthorized entry
2016
Unauthorized exit
2016
Unauthorised stay
2016
Children & Other Vulnerable Groups
Pregnant women (Prohibited)
2016
Elderly (Prohibited)
2016
Accompanied minors (Prohibited)
2016
Re-Entry Ban
Yes
2016

LENGTH OF MIGRATION-RELATED DETENTION

Maximum Length of Administrative Immigration Detention
Number of Days: 60
2016
Maximum Length in Custody Prior to Detention Order
Number of Days: 1
2016

MIGRATION-RELATED DETENTION INSTITUTIONS

PROCEDURAL STANDARDS & SAFEGUARDS

Procedural Standards
Right to appeal the lawfulness of detention (Yes)
2016
Types of Non-Custodial Measures (ATDs) Provided in Law
Supervised release and/or reporting (Yes) infrequently
2016
Home detention (curfew) (Yes) infrequently
2016

DETENTION MONITORS

> National human rights monitoring bodies

> National Preventive Mechanisms (Optional Protocol to UN Convetion against Torture)

> Non-governmental organisations (NGOs)

> Governmental monitoring bodies

> International detention monitoring

TRANSPARENCY

READMISSION/RETURN/EXTRADITION AGREEMENTS

COVID-19

HEALTH CARE

COVID-19 DATA

INTERNATIONAL TREATIES

International Treaties Ratified
Ratification Year
Observation Date
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2010
2010
CRPD, Convention on the Rights of Persons with Disabilities
2008
2008
ICESCR, International Covenant on Economic, Social and Cultural Rights
2001
2001
CRC, Convention on the Rights of the Child
1992
1992
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1988
1988
CRSR, Geneva Convention Relating to the Status of Refugees
1982
1982
PCRSR, Protocol to the Geneva Convention Relating to the Status of Refugees
1982
1982
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1981
1981
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1980
1980
VCCR, Vienna Convention on Consular Relations
1979
1979
Ratio of relevant international treaties ratified
Ratio: 10/19
Relevant Recommendations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on the Rights of the Child § 83. "The Committee recommends that the State party : (a) Respect the principle of non-refoulement and reminds it of its obligation under the Convention to ensure that no accompanied, unaccompanied or separated child, including those from the Democratic People’s Republic of Korea , is returned to a country where there are substantial grounds for believing that she or he will suffer irreparable harm , and that this principle applies to all children and their families without distinction and regardless of nationality; (b) Ensure that Kachin child refugees and their families are provided with temporary protection in view of the ongoing conflict in northern Myanmar; it should also allow the Office of the United Nations High Commissioner for Refugees free and unfettered access to Yunnan P rovince to conduct refugee status determinations; (c) Cease the arrest a nd repatriation of citizens of the Democratic People’s Republic of Korea , especially children , and women who have children with Chinese men, and ensure that children of mothers from the Democratic People’s Republic of Korea have access to fundamental rights, including the right to identity and education; (d) Take immediate initiatives to meet the special needs and vulnerabilities of unaccompanied and separated children seeking asylum and provide appropriate care and cater for the special needs of these unaccompanied and separated children." 2013
2013

NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS

Relevant Recommendations from the UN Universal Periodic Review
Observation Date
No 2009
2017
No 2013
2017

REGIONAL HUMAN RIGHTS MECHANISMS

DETENTION COSTS

OUTSOURCING

FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS