The Right to Return in China

Abstract

Abstract The right to return has been affirmed as a fundamental human right in several international instruments. While being a fundamental human right, each state has the sovereign right to regulate the right to return in accordance with its own laws. The regulation of the right to return, however, is not only an attribute of sovereignty but an issue with important political, economic and security implications for the state. Given its significance, it is understandable and desirable that states regulate the right to return. The regulation must however take account of both the interests of the state and the human rights dimension of the right. A careful and well‐coordinated returning strategy with a well‐defined the right to return focus could enhance China's economic progress as well as its international human rights image. China's current policies on the right to return still reflect a closed culture. Few among the 5 million Huaqiao lodge applications to return to China for permanent residence or employment. Eleven million illegal migrants have difficulty meeting the impracticable requirements of passport re‐issue, replacement and extension. The Chinese government's behaviour in imposing limitations on citizens from returning to China is unacceptable. China may have some justifications for its restrictive approach, but on balance, has more to gain from adopting a more liberal approach. The issue of the right to return in China is crucial both for the future of China, and for development of the right to return in the world.

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