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How China controls its top students in Germany

March 7, 2023

Chinese students with scholarships are bound by contracts with gagging clauses, but that contravenes the academic freedom guaranteed by Germany's constitution. An investigation by DW and CORRECTIV.

https://p.dw.com/p/4OJw1
A Chinese student wears protective gear at a microtechnology lab at the University of Chemnitz
Image: Ute Grabowsky/photothek/picture alliance

Studying abroad offers a certain kind of freedom. It's something young people all over the world dream of doing. Yet, for many students, it is often only possible with the help of a state-sponsored scholarship.

But what if that scholarship didn't offer you any kind of freedom at all?

An investigation conducted jointly by DW and the German platform CORRECTIV shows that Chinese students in Germany are placed under repressive rules by the Chinese state. This is particularly true of young scientists and academics who come to Germany on scholarships from the China Scholarship Council (CSC).

CSC scholars must sign in advance a declaration that they will not take part in any activities that "harm" China's security. The restrictive scholarship contract requires them to report back to the Chinese embassy on a regular basis, and anyone who violates these conditions is subject to disciplinary action.

At least 30 German universities have welcomed CSC scholars from China. Some institutions have even entered into official partnerships with the council, which answers directly to China's Ministry of Education.

Two pages from a blank 2018 China Scholarship Council contract published by Johns Hopkins University in the US
Two pages from a blank 2018 China Scholarship Council contract published by Johns Hopkins University in the USImage: DW

Forging ties, from Munich to Beijing

The Ludwig Maximilian University of Munich (LMU), for example, signed an agreement in 2005 to train students up to doctoral levels. So far, 492 CSC scholars have participated in this program.

"The CSC has been one of the LMU's most important academic partners in China to date," the university responded when approached for comment.

In a video posted on the university's website to mark the 15th anniversary of their cooperation, officials celebrated the CSC as "one of the cornerstones of international relations" and conveyed their "heartfelt thanks."

In another example, a total of 487 doctoral CSC students have enrolled at the Free University of Berlin (FU) since 2009. The university says it has a "privileged partnership" with the CSC, which considers it "a preferred host institution for CSC scholars."

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'Not aware of intimidation'

Since the start of such partnerships, few, if any, questions have been raised about the China Scholarship Council as a partner.

"To date, we are not aware of any agreements made between the Chinese scholars and the Chinese government," the LMU said. It also noted that it had never received any reports of attempts to intimidate Chinese scholars.

"Academic freedom and the freedom of expression are fundamental values for the LMU, which we also demonstrate by example and communicate to the international students," it said.

In Berlin, the FU told DW and CORRECTIV that it did not know of any specific individuals who had signed such contracts. "However," it added, "it is known that the scholars must return to China at the end of the scholarship period, otherwise they must apparently repay the scholarship money."

The FU also stressed that it "defends the academic freedom of its members against foreign influence." But how realistic is this, especially when it comes from China?

Former Vice Premier Liu Yandong shakes hands with Chinese students at the Free University in Berlin
China views international exchange as an important part of its global strategy as seen in this picture from 2016, when China's then-Vice Premier Liu Yandong traveled to Berlin and met with Chinese students at the Free University in BerlinImage: Rainer Jensen/dpa/picture alliance

Above all else, loyalty to the state

CORRECTIV and DW have obtained copies of a number of CSC contracts from different years and from different countries. The most recent is from 2021, and was for a doctoral student studying at a German university. The document, nine pages long in the original Chinese, was translated for this investigation and compared with the other contracts. Differences were minimal.

The central commitment is one of absolute allegiance to the Chinese state. The CSC scholar pledges "to develop a sense of responsibility and mission to return to China and serve the country." They sign that they "shall not engage in activities that harm the interests and security of the motherland."

Furthermore, the scholar "shall consciously safeguard the honor of the motherland, (and) obey the guidance and management of embassies (consulates) abroad." This includes reporting to the Chinese embassy or the nearest Chinese consulate within ten days of their arrival in Germany and maintaining "frequent contact."

They are obliged to regularly document their academic progress and provide reports to the embassy or consulate, which can include obtaining information on third parties. The scholar is required to "promptly update personal information and mentor information" — referring to professors and other academic staff.

Chinese students protest in Cologne, calling for Beijing to formally incorporate Hong Kong into mainland China
In 2019, Chinese students in Cologne called for Hong Kong to be formally incorporated into mainland China. Pro-Beijing demonstrators need not fear consequences from the Chinese stateImage: Jens Krick/Flashpic/picture alliance

A liability for families

For at least two years after their return, the scholar is required to live in China to "serve the country." The contract, which also extends to relatives and friends by a guarantee clause, does not expire until after this commitment is met.

Two personal guarantors must be named in advance for every CSC scholar. They are forbidden to leave China for more than three months at a time for the duration of the scholarship.

If any clauses of the contract are violated, the guarantors are held jointly liable.

Such predicaments can already arise if the scholar's academic performance is inadequate or the scholarship is terminated prematurely "without a good reason." In such cases, a penalty fee is incurred in addition to the funding amount. A four-year scholarship pays the equivalent of around €75,000 ($80,000).

Everything under control

Mareike Ohlberg, a senior fellow working on China at the German Marshall Fund, sees the CSC contract as a demonstration of the Chinese Communist Party's "mania for control."

"People are actively encouraged to intervene if anything happens that might not be in the country's interest," Ohlberg said.

Harming China's interests is in fact considered the worst possible breach of the contract.

"It's even listed ahead of possible involvement in crimes, so effectively even ahead of murder," she noted. "China is making its priorities very clear here."

A man walks past a photo of Chinese President Xi Jinping at the Museum of the Communist Party of China in Beijing
Since modern China's founder Mao, no Chinese president has been as powerful as current leader Xi Jinping, who is about to officially usher in his third term at the National People's Congress. He has made science a top priorityImage: GREG BAKER/AFP/Getty Images

However, what constitutes activities detrimental to China's interests is left deliberately vague — as are the possible personal and financial consequences, seemingly aimed at creating a climate of fear.

"Even abroad, Chinese people are not free, but are to remain under observation by the Party," Ohlberg said.

A young man who has signed a CSC contract told CORRECTIV about his fears, noting that he would never take part in a demonstration in Germany because the Chinese embassy reacts "very harshly" to criticism.

He also spoke about a nightmare in which he is back home and being interrogated right at the airport: "They ask me if I know this person or that person. I always say, yes, yes, but that I don't know what they did." Interviews with five other Chinese students, none of them on CSC contracts, echoed similar fears.

Toe the party line

In the past five years, according to the general secretary of the CSC, Sheng Jianxue, a total of 124,000 scholarship recipients have been sent to study abroad.

Just last December, Sheng emphasized that to ensure the success of the state scholarship program, "we must first and foremost insist on arming our minds with the Chinese-style socialist ideology of [Chinese president and Party leader] Xi Jinping."

DW and CORRECTIV have approached the China Scholarship Council in Beijing as well as the Chinese Embassy in Berlin with specific questions about the controversial scholarship program. So far, the inquiries have remained unanswered.

'Free thinking impossible'

Kai Gehring, the chair of German parliament's Committee for Education and Research, says the CSC contracts are "not compatible" with Germany's Basic Law, which guarantees academic freedom.

"Mandatory loyalty to the one-party system and patriotic sentiments, as well as family liability in the event of a supposed breach of contract, make joint, independent research work characterized by curiosity, free thinking and creativity impossible," he said.

A Chinese national flag is seen at the Chinese embassy in Berlin
The Chinese embassy in Berlin has yet to respond to multiple requests from DW and CORRECTIVImage: picture-alliance/dpa/W. Rothermel

Yet, which institution is responsible for taking action against such restrictive agreements?

Responding to inquiries from DW and CORRECTIV, Germany's Federal Ministry of Education and Research (BMBF) said that it was aware "that the China Scholarship Council demands ideological conformity of its scholarship holders."

The German Academic Exchange Service (DAAD), which also awards scholarships and has cooperated with the CSC for years, argued that the CSC contracts reflect the reality of China, "in which universities have increasingly had to comply with ideological requirements for several years."

However, the German organization noted that it was not aware of any specific clauses in the CSC contracts.

Securing academic freedom

In Germany, the constitution protects science and academia from political influence. As a result, the education ministry said it is up to the universities to take action.

"From the BMBF's point of view, it is important that host institutions in Germany are aware of the possible constraints that CSC scholars may be under, and ensure that the academic freedom and freedom of expression enshrined in the Basic Law can also be fully enjoyed by this group of people."

The LMU in Munich and the FU in Berlin have stated that they strive to do precisely that — yet individual professors have told DW and CORRECTIV about their Chinese students' fears of possible surveillance and denunciation.

Security sources told DW that they have also observed a "forced connection" of Chinese students to the Chinese state, particularly through CSC scholarship holders.

Since the beginning of this year, reports about the problematic CSC contracts have also appeared in Sweden, Denmark and Norway. The first universities there have now responded — by suspending their cooperation with the CSC.

Additional reporting provided by a DW colleague who does not want to be named for security reasons.

Edited by: Lewis Sanders and Sandra Petersmann

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