Overseas NGOs fighting AIDS services battle
Print Edition
While celebrating her 16th birthday earlier this year, He Xuejing, an orphan born with HIV, made a wish. She wanted to study at college.
He is on the way to realizing her dream. She has returned to primary school in south China’s Guangxi Zhuang Autonomous Region with help from AIDS Care China, an American-funded non-governmental organization (NGO) dedicated to helping HIV/AIDS sufferers.
In 2011, He was diagnosed with HIV, which she transmitted from her mother before birth. As a result, He dropped out of school to save money for her treatment.
AIDS Care China adopted her last year, as part of its “Children’s Home” project, which adopts and cares for HIV/AIDS orphans in Guangxi.
In 2010, the region had 60,000 HIV carriers and AIDS patients — the second highest in China. He is one of 24 children adopted by AIDS Care China.
She looks like a woman in her 30s. “But things are getting better,” she said. Her weight has increased to 42 kilograms from 23 kilograms when she was adopted.
“Here is my home,” said He. She used to live with relatives but once they found out she had HIV they did not want much more to do with her. Hospitals rejected her because she could not afford treatment fees.
He now fears she may lose her “home.”
Like other overseas-funded NGOs in Guangxi, AIDS Care China is not registered with the civil affairs department, which means its activities are illegal.
Last year, the organization set up a clinic in Guangxi to help treat AIDS patients. But the clinic was shut down and had its medical care service license revoked. The organization was fined 8,000 yuan (US$1,300) for “operating illegally.”
Illegal but acceptable
According to regulations, overseas NGOs must be registered with the Ministry of Civil Affairs before operating in the Chinese mainland. NGOs involved in HIV/AIDS services must also be approved and guided by the National Health and Family Planning Commission. Local governments can not register them.
“It is a complicated process and strict requirements need to be met to be registered,” said Li Lin, deputy head of AIDS Care China. Li has never tried to apply for registration because he believes it will fail, as his NGO is small and not a national organization.
As most overseas NGOs are not registered, it is unknown how many are in China. Chinese media reports have said at least 4,000.
According to a government website for publicizing registered NGOs, there are only 30. Therefore, thousands of other overseas NGOs are operating “illegally,” like AIDS Care China.
On the list of 30 are prominent and large organizations like Bill & Melinda Gates Foundation and Project Hope.
“Such qualification depends on the NGO’s operations, funds, expertise and experiences,” said Beijing-based lawyer Fang Gangyao, who is a legal advisor for philanthropic organizations.
He said many NGOs only work on a fixed project in certain places, which means it is hard for them to get registration at national level.
However, there is hope.
A pilot program in neighboring Yunnan Province allows overseas NGOs to register with the local government without being approved by national-level authorities. Forty NGOs have registered in Yunnan.
The Chinese government is doing its bit.
Last year, the State Council, or China’s cabinet, published the country’s AIDS Action Plan for the period from 2011 to 2015, promising to reduce new HIV infections by 25 percent by the end of 2015 compared with 2010, and decrease AIDS mortality by 30 percent. As of 2010, China had about 780,000 HIV carriers and AIDS patients.
To continue with its charity activities in Guangxi, AIDS Care China has registered as a corporate. It rents two houses for the 24 orphans. “It may still be illegal for a company to adopt children, but we have no choice. We don’t want them abandoned,” said Li.
Local authorities know what Li and his colleagues are doing but are willing to accept it.
Li has signed a trusteeship agreement with the local government, which pays a monthly subsidy of 1,000 yuan for each of Li’s orphans.
A staff member of the Social Welfare Center of Guilin City, who asked not to be identified, said there are no special agencies for adopting HIV/AIDS orphans in Guangxi, while many welfare centers are not capable of looking after them.
“Sending them to AIDS Care China is good. I think it is a more professional outfit in this area than us,” the staff member said.
Zhang Beichuan, a Chinese AIDS prevention expert, said overseas NGOs are helping by injecting funds into China’s charity cause and could help domestic AIDS-related NGOs improve, as they have more management experience.
Zhang said he hoped China would delegate powers to governments at lower levels and even non-government agencies to better exert the overseas NGOs’ role in AIDS prevention.
Fang Gangyao suggested unregistered overseas NGOs to cooperate more with local governments or participate in local charity projects to avoid breaking the law.
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