Notes to Section II--Human Trafficking
\1\ The specific phrase used to describe the concept of trafficking
in Chinese government documents, including the National Plan of Action
on Combating Trafficking in Women and Children (2008-2012) as well as
related regulations, circulars, and opinions, is guaimai funu ertong,
which literally means ``the abduction and sale of women and children.''
See, e.g., State Council General Office, China's National Plan of
Action on Combating Trafficking in Women and Children (2008-2012)
[Zhongguo fandui guaimai funu ertong xingdong jihua (2008-2012 nian)],
issued 13 December 07, effective 1 January 08. See also Qinghai
Province Implementing Rules and Regulations for the Plan of Action on
Combating Trafficking in Women and Children (2008-2012) [Qinghai sheng
fandui guaimai funu ertong xingdong jihua shishi xize (2008-2012
nian)], issued 22 December 09; Zhuzhou City Action Plan on Combating
Trafficking in Women and Children [Zhuzhou shi fandui guaimai funu
ertong xingdong jihua], issued 31 December 09; Opinion of Bazhong City
People's Government Office Regarding the Implementation of ``China's
National Action Plan on Combating Trafficking in Women and Children
(2008-2012)'' [Bazhong shi renmin zhengfu bangongshi guanyu guanche
guowuyuan ``zhongguo fandui guaimai funu ertong xingdong jihua (2008-
2012 nian)'' de shishi yijian], issued 25 August 09.
\2\ UN Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children (UN TIP Protocol), adopted by UN
General Assembly resolution A/RES/55/25 of 15 November 00, entry into
force 25 December 03, art. 3(a). The Chinese government had been
considering accession to the UN TIP Protocol for the past few years.
China's laws and regulations already include more than 95 percent of
the protocol's contents. CECC, 2008 Annual Report, 31 October 08, 120-
21. See also Wang Zhuoqiong, ``China Set To Ratify UN Trafficking
Protocol,'' China Daily (Online), 24 October 08.
\3\ National People's Congress, National People's Congress Standing
Committee Decision Regarding Acceding to the ``United Nations Protocol
to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, Supplementing the UN Convention against
Transnational Organized Crime'' [Quanguo renmin daibiao dahui changwu
weiyuanhui guanyu jiaru ``lianheguo daji kuaguo youzuzhi fanzui gongyue
guanyu yufang, jinzhi he chengzhi fanyun renkou tebie shi funu he
ertong xingwei de buchong yidingshu'' de jueding], 26 December 09. For
additional information regarding China's accession to the UN TIP
Protocol, see Chen Jia, ``China Joins UN Fight Against Human
Trafficking,'' China Daily (Online), 23 December 09.
\4\ Office to Monitor and Combat Trafficking in Persons, U.S.
Department of State, Trafficking in Persons Interim Assessment--China,
24 February 10. According to this report, ``Forced adult and forced
child labor remained a problem throughout the country. Government
efforts described as addressing human trafficking, however, continued
to be aimed largely at the trafficking of women and children. The
government did not take steps to enact legislation to prohibit all
forms of trafficking, though it ratified the UN TIP Protocol in
December 2009.''
\5\ PRC Criminal Law, enacted 1 July 79, amended 14 March 97,
effective 1 October 97, amended 25 December 99, 31 August 01, 29
December 01, 28 December 02, 28 February 05, 29 June 06, 28 February
09, art. 240.
\6\ UN Protocol to Prevent, Suppress and Punish Trafficking In
Persons, Especially Women and Children (UN TIP Protocol), adopted by UN
General Assembly resolution A/RES/55/25 of 15 November 00, entry into
force 25 December 03, art. 3(a). Article 3(a) of the UN TIP Protocol
states: `` `Trafficking in persons' shall mean the recruitment,
transportation, transfer, harboring or receipt of persons, by means of
the threat or use of force or other forms of coercion, of abduction, of
fraud, of deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or benefits to
achieve the consent of a person having control over another person, for
the purpose of exploitation. Exploitation shall include, at a minimum,
the exploitation of the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery or practices similar to
slavery, servitude or the removal of organs.'' See also Office to
Monitor and Combat Trafficking in Persons, U.S. Department of State,
Trafficking in Persons Report 2010--China, 14 June 10. According to
this report, ``China's definition of trafficking does not prohibit non-
physical forms of coercion, fraud, debt bondage, involuntary servitude,
forced labor, or offenses committed against men, although many aspects
of these crimes are addressed in other articles of China's criminal
law. China's legal definition of trafficking does not automatically
regard children over the age of 14 who are subjected to the commercial
sex trade as trafficking victims.''
\7\ State Council General Office, China's National Plan of Action
on Combating Trafficking in Women and Children (2008-2012) [Zhongguo
fandui guaimai funu ertong xingdong jihua (2008-2012 nian)], issued 13
December 07, effective 1 January 08. See also Qinghai Province
Implementing Rules and Regulations for the Plan of Action on Combating
Trafficking in Women and Children (2008-2012) [Qinghai sheng fandui
guaimai funu ertong xingdong jihua shishi xize (2008-2012 nian)],
issued 22 December 09; Implementing Rules and Regulations for the Gansu
Province Implementation of ``China's National Plan of Action on
Combating Trafficking in Women and Children (2008-2012)'' [Gansu sheng
shishi ``zhongguo fandui guaimai funu ertong xingdong jihua (2008-2012
nian)'' fang'an shishi xize], issued 29 April 10; Zhuzhou City Action
Plan on Combating Trafficking in Women and Children [Zhuzhou shi fandui
guaimai funu ertong xingdong jihua], issued 31 December 09; Opinion of
Bazhong City People's Government Office Regarding the Implementation of
``China's National Action Plan on Combating Trafficking in Women and
Children (2008-2012)'' [Bazhong shi renmin zhengfu bangongshi guanyu
guanche guowuyuan ``zhongguo fandui guaimai funu ertong xingdong jihua
(2008-2012 nian)'' de shishi yijian], issued 25 August 09.
\8\ CECC, 2008 Annual Report, 31 October 08, 118. As documented and
defined internationally, major forms of human trafficking include
forced labor, bonded labor, involuntary domestic servitude, child
soldiers, forced prostitution, children exploited for commercial sex,
child sex tourism, and debt bondage and involuntary servitude among
migrant laborers. Office to Monitor and Combat Trafficking In Persons,
U.S. Department of State, Trafficking in Persons Report 2008, Major
Forms of Trafficking in Persons, 4 June 08, 19-25.
\9\ Office to Monitor and Combat Trafficking in Persons, U.S.
Department of State, Trafficking in Persons Report 2010--China, 14 June
10; Juliet Shwe Gaung, ``Forced Marriages Driving Human Trafficking, UN
Says,'' Myanmar Times (Online), 8 March 10.
\10\ Office to Monitor and Combat Trafficking in Persons, U.S.
Department of State, Trafficking in Persons Report 2010--China, 14 June
10; See also Women in a Changing China, Staff Roundtable of the
Congressional-Executive Commission on China, 8 March 10, Testimony of
Mark Lagon, Former Ambassador-At-Large and Director, Office to Monitor
and Combat Trafficking in Persons, U.S. Department of State.
\11\ CECC, 2008 Annual Report, 31 October 08, 121. Countries where
women and children are trafficked into China include North Korea,
Vietnam, and Burma. See, e.g., Office to Monitor and Combat Trafficking
in Persons, U.S. Department of State, Trafficking in Persons Report
2010--China, 14 June 10; Keith B. Richburg, ``Chinese Border Town
Emerges as New Front Line in Fight Against Human Trafficking,''
Washington Post (Online), 26 December 09; ``Analyzing the Underlying
Interest in Transnational Marriages: High Income Urban Males Visit
Vietnam To Find a Mate'' [Jiexi liyi xia de kuaguo hunyin, gao shouru
dushi nan fu yuenan qiu'ou], Southern Metropolis Weekly, reprinted in
Sina (Online), 6 April 10. See also Women in a Changing China, Staff
Roundtable of the Congressional-Executive Commission on China, 8 March
10, Testimony of Mark Lagon, Former Ambassador-At-Large and Director,
Office to Monitor and Combat Trafficking in Persons, U.S. Department of
State.
\12\ Lee Tae-hoon, ``North Korean Defectors Priced at $1,500,''
Korea Times (Online), 5 May 10. See also CECC, 2008 Annual Report, 31
October 08, 121.
\13\ Office to Monitor and Combat Trafficking in Persons, U.S.
Department of State, Trafficking in Persons Report 2010--Korea,
Democratic People's Republic of, 14 June 10. According to the U.S.
State Department Trafficking in Persons Report, ``NGOs and researchers
estimate that tens of thousands of undocumented North Koreans currently
live in northeast China, and as many as 70 percent of them are women.
There is no reliable information on how many of these North Koreans are
or have been trafficked, but their status in China as economic migrants
who may be deported to North Korea makes them particularly vulnerable
to trafficking.''
\14\ Office to Monitor and Combat Trafficking in Persons, U.S.
Department of State, Trafficking in Persons Interim Assessment--China,
24 February 10; Office to Monitor and Combat Trafficking in Persons,
U.S. Department of State, Trafficking in Persons Report 2010--China, 14
June 10. For information on allegations of child labor at one of
Microsoft's supplier factories, see National Labor Committee (Online),
``China's Youth Meet Microsoft,'' April 2010.
\15\ UN Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children (UN TIP Protocol), adopted by UN
General Assembly resolution A/RES/55/25 of 15 November 00, entry into
force 25 December 03.
\16\ Man Guihua, All-China Women's Federation (Online), ``The Fight
Against Human Trafficking,'' 14 December 09; ``China Faces Growing
Gender Imbalance,'' BBC (Online), 11 January 10. Researchers quoted in
this article reported that human trafficking in China has become
``rampant.''
\17\ Malcolm Moore, ``Chinese Police Rescue 2,000 Kidnapped
Children,'' Telegraph (Online), 28 October 09; Mark Colvin, ``Chinese
Authorities Crackdown on Child Trafficking,'' ABC (Online), 29 October
10; Lucy Hornby, ``China Police Rescue Trafficked Children,'' Reuters
(Online), 21 June 09.
\18\ Juliet Shwe Gaung, ``Forced Marriages Driving Human
Trafficking, UN Says,'' Myanmar Times (Online), 8 March 10; Virginie
Mangin, ``Parents Left Bereft by Curse of China's Child Snatchers,''
National (Online), 12 March 10; ``The Reason Child Trafficking Crimes
Are Unstoppable'' [Guaimai ertong fanzui weihe luda bujue], China
Comment Magazine, reprinted in Xinhua (Online), 24 March 09.
\19\ ``The Reason Child Trafficking Crimes Are Unstoppable''
[Guaimai ertong fanzui weihe luda bujue], China Comment Magazine,
reprinted in Xinhua (Online), 24 March 09; Lucy Hornby, ``China Police
Rescue Trafficked Children,'' Reuters (Online), 21 June 09. For
examples of cases in which parents sold their children this year,
although not explicitly as a direct result of the one child policy, see
Zhou Xuelian, ``21-Year-Old Youngster `Sells' 6-Day-Old Son To Buy Cell
Phone To Play With'' [21 sui shuawa dang laohan ``mai'' 6 tian da de
erzi mai bu shouji shua], Chongqing Times (Online), 9 December 09;
``Child Trafficking Ring Cracked in Harbin, Suspect Is Chair of OB/GYN
Department in Hospital'' [Harbin pohuai yiqi guaimai ertong an
xianyiren shi yiyuan fuchanke zhuren], 7 January 10.
\20\ ``US Envoy: Economic Crisis Drives Human Trafficking,''
Associated Press, reprinted in Google (Online), 4 December 09. See,
e.g., Jane Chen, ``Parents Sold Baby and Bought a Phone,'' Shanghai
Daily (Online), 9 December 09. See also Zhou Xuelian, ``21-Year-Old
Youngster `Sells' 6-Day-Old Son To Buy Cell Phone To Play With'' [21
sui shuawa dang laohan ``mai'' 6 tian da de erzi mai bu shouji shua],
Chongqing Times (Online), 9 December 09.
\21\ ``Chinese Women Taught To Avoid People-Traffickers,'' Xinhua,
reprinted in China Daily (Online), 8 March 10.
\22\ Pino Cazzaniga, ``Fleeing From North Korea To Be Sold in China
as Brides or Prostitutes,'' AsiaNews.it (Online), 15 February 10; Bill
Allan, ``They Fled From the Nightmare of North Korea--Only To Be Sold
Into Slavery in China,'' Herald Scotland (Online), 20 June 10; Keith B.
Richburg, ``Chinese Border Town Emerges as New Front Line in Fight
Against Human Trafficking,'' Washington Post (Online), 26 December 09.
\23\ Scott Tong, ``Take My Daughter: Confessions of a Chinese Baby
Trafficker,'' Marketplace (Online), 5 May 10.
\24\ Tania Branigan, ``The Chinese Toddler Chained Through Love and
Fear,'' Guardian (Online), 4 February 10; ``Migrant Children Become At-
Risk Group for Trafficking'' [Liudong ertong chengwei bei guaimai de
gaowei qunti], Peace Net, reprinted in Xinhua (Online), 7 January 10;
China Labour Bulletin (Online), ``The Children of Migrant Workers in
China,'' 8 May 09; Damian Grammaticas, ``Chinese Children Snatched and
Sold on to Couples,'' BBC (Online), 27 November 09.
\25\ Office to Monitor and Combat Trafficking in Persons, U.S.
Department of State, Trafficking in Persons Report 2010--China, 14 June
10, 113.
\26\ Ibid., 217.
\27\ ``Explosion in Fireworks Workshop Occurs in Hezhou City,
Guangxi Province, 1 Child Killed, 12 Seriously Injured'' [Guangxi
hezhou fasheng yiqi baozhu zuofang baozha an 13 ertong 1 si 12
zhongshang], Southern Metropolitan Daily, reprinted in Zhu'ao Net
(Online), 13 November 09.
\28\ Jiang Guibin and Tang Xuping, `` `Child Workers' Injured and
Killed in Hezhou Fireworks Factory Explosion Case Were All `Left Behind
Children' '' [Hezhou baozhu zuofang baozha shijian zhong sishang
`tonggong' junwei `liushou ertong'], Xinhua (Online), 14 November 09.
See also Office to Monitor and Combat Trafficking in Persons, U.S.
Department of State, Trafficking in Persons Report 2010--China, 14 June
10, 112.
\29\ Liang Shubin, ``Child Trafficking Ring Cracked in Harbin,
Suspect Is Chair of OB/GYN Department in Hospital'' [Harbin pohuai yiqi
guaimai ertong an xianyiren shi yiyuan fuchanke zhuren], Xinhua,
reprinted in China Peace Net (Online), 7 January 10.
\30\ According to the Chinese government's second reservation in
its written decision to accede to the UN TIP Protocol, Hong Kong is not
a party to the UN TIP Protocol. Human trafficking cases in Hong Kong
are treated separately under Hong Kong law. National People's Congress,
National People's Congress Standing Committee Decision Regarding
Acceding to the ``United Nations Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children,
Supplementing the UN Convention against Transnational Organized Crime''
[Quanguo renmin daibiao dahui changwu weiyuanhui guanyu jiaru
``lianheguo daji kuaguo youzuzhi fanzui gongyue guanyu yufang, jinzhi
he chengzhi fanyun renkou tebie shi funu he ertong xingwei de buchong
yidingshu'' de jueding], 26 December 09.
\31\ Office of the President of the Philippines, Commission on
Filipinos Overseas (Online), ``Two Filipinos Convicted of Human
Trafficking in Hong Kong,'' 15 March 10.
\32\ Ibid. See also Office to Monitor and Combat Trafficking in
Persons, U.S. Department of State, Trafficking in Persons Report 2010--
Hong Kong, 14 June 10, 167. According to the State Department report,
the two Filipina offenders lured three women.
\33\ Jane Chen, ``Parents Sold Baby and Bought a Phone,'' Shanghai
Daily (Online), 9 December 09; Zhou Xuelian, ``21-Year-Old Youngster
`Sells' 6-Day-Old Son To Buy Cell Phone To Play With'' [21 sui shuawa
dang laohan ``mai'' 6 tian da de erzi mai bu shouji shua], Chongqing
Times (Online), 9 December 09.
\34\ Chen Yong, ``Gambling Couple Gave Birth to Children and Sold
Them for Money To Squander, Grandmother Contacted Buyer'' [Haodu fuqi
sheng haizi maiqian huihuo nainai lianxi maijia], Northeast Net
(Online), 5 July 10.
\35\ ``China's Top Legislature Ends Bimonthly Session, Adopts Tort
Law,'' Xinhua (Online), 26 December 09; UN Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and
Children (UN TIP Protocol), adopted by UN General Assembly resolution
A/RES/55/25 of 15 November 00, entry into force 25 December 03, art.
3(a).
\36\ ``Trafficking Crackdown: `Babies Looking for Home' Campaign
Results in Another Two `Babies' Finding Their Homes'' [Daguai: ``baobei
xunjia'' huodong you you liangming ``baobei'' zhaodao jia], Xinhua
(Online), 24 December 09; Ministry of Public Security (Online),
``National Anti-Trafficking DNA Database Set Up'' [Quanguo ``daguai''
DNA shujuku jiancheng], 30 April 09; Office to Monitor and Combat
Trafficking in Persons, U.S. Department of State, Trafficking in
Persons Report 2010--China, 14 June 10.
\37\ Ministry of Public Security (Online), ``Information on
Unidentified Trafficked Children'' [Wei chaqing shenyuan de bei guaimai
ertong xinxi], accessed 23 September 10.
\38\ Ministry of Public Security, Opinion on Lawful Punishment for
the Crime of Abducting and Selling Women and Children [Guanyu yifa
zhengzhi guaimai funu ertong fanzui de yijian], 2 April 10.
\39\ Chen Jia, ``Parents of Missing Teenagers Win in New
Trafficking Law,'' China Daily (Online), 11 March 10.
\40\ State Council General Office, China's National Plan of Action
on Combating Trafficking in Women and Children (2008-2012) [Zhongguo
fandui guaimai funu ertong xingdong jihua (2008-2012 nian)], issued 13
December 07, effective 1 January 08. See also CECC, 2009 Annual Report,
10 October 09, 176; Qinghai Province Implementing Rules and Regulations
for the Plan of Action on Combating Trafficking in Women and Children
(2008-2012) [Qinghai sheng fandui guaimai funu ertong xingdong jihua
shishi xize (2008-2012 nian)], issued 22 December 09; Implementing
Rules and Regulations for the Gansu Province Implementation of
``China's National Plan of Action on Combating Trafficking in Women and
Children (2008-2012)'' [Gansu sheng shishi ``zhongguo fandui guaimai
funu ertong xingdong jihua (2008-2012 nian)'' fang'an shishi xize],
issued 29 April 10; Zhuzhou City Action Plan on Combating Trafficking
in Women and Children [Zhuzhou shi fandui guaimai funu ertong xingdong
jihua], issued 31 December 09; Opinion of Bazhong City People's
Government Office Regarding the Implementation of ``China's National
Plan of Action on Combating Trafficking in Women and Children (2008-
2012)'' [Bazhong shi renmin zhengfu bangongshi guanyu guanche guowuyuan
``zhongguo fandui guaimai funu ertong xingdong jihua (2008-2012 nian)''
de shishi yijian], issued 25 August 09.
\41\ See, e.g., ``China, Laos Set Up Liaison Office To Fight Human
Trafficking,'' Xinhua (Online), 17 October 09; Keith B. Richburg,
``Chinese Border Town Emerges as New Front Line in Fight Against Human
Trafficking,'' Washington Post (Online), 26 December 09; Ma Guihua,
``China Joins Mekong Countries in Fighting Cross-Border Human
Trafficking,'' 29 November 09.
\42\ Office to Monitor and Combat Trafficking in Persons, U.S.
Department of State, Trafficking in Persons Report 2010--China, 14 June
10.
\43\ Ibid.
\44\ Zhang Yuchen, ``A League of Their Own Out To Trace Missing
Children,'' China Daily (Online), 28 April 10; Office to Monitor and
Combat Trafficking in Persons, U.S. Department of State, Trafficking in
Persons Report 2010--China, 14 June 10.
\45\ Virginie Mangin, ``Parents Left Bereft by Curse of China's
Child Snatchers,'' National (Online), 12 March 10; ``Parents of
Abducted Children Protest in South China,'' Reuters, reprinted in Radio
Nederland Wereldomroep (Online), 18 January 10; Peter Hitchens,
``Gendercide: China's Shameful Massacre of Unborn Girls Means There
Will Soon Be 30m More Men Than Women,'' Daily Mail (Online), 10 April
10. According to this article, Chinese officials ``even chase after
citizens who go to Peking to complain about their treatment, or to
petition for help. Parents who had put up posters begging for news of
their stolen children were shocked to find that officials immediately
snatched them from walls.''
\46\ Mark MacKinnon, ``The Search for China's Stolen Children,''
Globe and Mail (Online), 25 December 09; John Vause, ``Parents Seek
Answers After Children Abducted,'' CNN (Online), 10 August 09. One
parent of a missing child told CNN, ``During sensitive times, like
Children's Day, the government forces me to leave town . . . they were
afraid I would organize some activities like searching for kids.''
\47\ Damian Grammaticas, ``Chinese Children Snatched and Sold on to
Couples,'' BBC (Online), 27 November 09.
\48\ ``China's Top Legislature Ends Bimonthly Session, Adopts Tort
Law,'' Xinhua (Online), 26 December 09.
\49\ PRC Criminal Law, enacted 1 July 79, amended 14 March 97,
effective 1 October 97, amended 25 December 99, 31 August 01, 29
December 01, 28 December 02, 28 February 05, 29 June 06, 28 February
09, art. 240.
\50\ UN Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children (UN TIP Protocol), adopted by UN
General Assembly resolution A/RES/55/25 of 15 November 00, entry into
force 25 December 03, art. 3(a). Article 3(a) of the UN TIP Protocol
states: `` `Trafficking in persons' shall mean the recruitment,
transportation, transfer, harboring or receipt of persons, by means of
the threat or use of force or other forms of coercion, of abduction, of
fraud, of deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or benefits to
achieve the consent of a person having control over another person, for
the purpose of exploitation. Exploitation shall include, at a minimum,
the exploitation of the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery or practices similar to
slavery, servitude or the removal of organs.'' See also Office to
Monitor and Combat Trafficking in Persons, U.S. Department of State,
Trafficking in Persons Report 2010--China, 14 June 10. According to
this report, ``China's definition of trafficking does not prohibit non-
physical forms of coercion, fraud, debt bondage, involuntary servitude,
forced labor, or offenses committed against men, although many aspects
of these crimes are addressed in other articles of China's criminal
law. China's legal definition of trafficking does not automatically
regard children over the age of 14 who are subjected to the commercial
sex trade as trafficking victims.''
\51\ CECC, 2009 Annual Report, 10 October 09, 175.
\52\ Ibid. For information concerning the distinction between human
smuggling and trafficking, see U.S. Immigration and Customs Enforcement
(Online), ``Human Smuggling and Trafficking,'' 20 January 10.
\53\ Office to Monitor and Combat Trafficking in Persons, U.S.
Department of State, Trafficking in Persons Report 2010--China, 14 June
10.
\54\ Office to Monitor and Combat Trafficking in Persons, U.S.
Department of State, Trafficking in Persons Interim Assessment--China,
24 February 10; Human Rights Watch (Online), World Report 2010--North
Korea, 20 January 10; Women in a Changing China, Staff Roundtable of
the Congressional-Executive Commission on China, 8 March 10, Testimony
of Mark Lagon, Former Ambassador-at-Large and Director, Office to
Monitor and Combat Trafficking in Persons, U.S. Department of State.
\55\ Office to Monitor and Combat Trafficking in Persons, U.S.
Department of State, Trafficking in Persons Report 2010--China, 14 June
10.
\56\ Ibid.
Notes to Section II--North Korean Refugees in China
\1\ ``Crackdown on North Koreans,'' Radio Free Asia (Online), 28
September 09.
\2\ Ibid.
\3\ The 1951 Convention and its Protocol define a refugee as
someone who, ``owing to well-founded fear of being persecuted for
reasons of race, religion, nationality, membership of a particular
social group or political opinion, is outside the country of his
nationality and is unable or, owing to such fear, is unwilling to avail
himself of the protection of that country.'' They mandate that ``[n]o
Contracting State shall expel or return (`refouler') a refugee in any
manner whatsoever to the frontiers of territories where his life or
freedom would be threatened on account of his race, religion,
nationality, membership of a particular social group or political
opinion.'' Convention Relating to the Status of Refugees, 28 July 51 by
the UN Conference of Plenipotentiaries on the Status of Refugees and
Stateless Persons convened under UN General Assembly resolution 429(V)
of 14 December 50, arts. 1, 33. China acceded to the Convention on
September 24, 1982.
\4\ Ministry of Foreign Affairs (Online), ``Foreign Ministry
Spokesperson Jiang Yu Holds January 22, 2008, Press Conference'' [2008
nian 1 yue 22 ri waijiaobu fayanren jiang yu juxing lixing jizhehui],
22 January 08.
\5\ UN GAOR, 64th Sess., Report of the Special Rapporteur on the
Situation of Human Rights in the Democratic People's Republic of Korea,
A/64/224, 4 August 09, 16-17.
\6\ Ibid.
\7\ ``Crackdown on North Koreans,'' Radio Free Asia (Online), 28
September 09.
\8\ John Garnaut, ``Crackdown Reduces Flow of Fleeing North
Koreans,'' Sydney Morning Herald (Online), 26 October 09.
\9\ ``Crackdown on North Koreans,'' Radio Free Asia (Online), 28
September 09.
\10\ John M. Glionna, ``Aiding North Korea Defectors: A High-Stakes
Spy Mission,'' Los Angeles Times (Online), 25 November 09.
\11\ Good Friends (Online), North Korea Today, No. 328, January
2010.
\12\ Good Friends (Online), North Korea Today, No. 332, February
2010.
\13\ ``Some 50 Refugees in S. Korea Diplomatic Missions,'' Agence
France-Presse, reprinted in AsiaOne News (Online), 8 March 10.
\14\ Bureau of Democracy, Human Rights, and Labor, U.S. Department
of State, Country Reports on Human Rights Practices--2009, China
(includes Tibet, Hong Kong, and Macau), 11 March 10.
\15\ Lee Tae-hoon, ``Female North Korean Defectors Priced at
$1,500,'' Korea Times (Online), 5 May 10.
\16\ Committee for Human Rights in North Korea (Online), Lives for
Sale: Personal Accounts of Women Fleeing North Korea to China, March
2009, 18-19.
\17\ Lee Sung Jin, ``Current Situation on Refugees in China,''
Daily NK (Online), 10 May 09.
\18\ ChinaAid (Online), ``Christian Sentenced to 10 Years in Prison
for Aiding North Korean Refugees,'' 1 September 09.
\19\ Lee Tae-hoon, ``Female North Korean Defectors Priced at
$1,500,'' Korea Times (Online), 5 May 10.
\20\ Citizens' Alliance for North Korean Human Rights, Survival
Under Torture: Briefing Report on the Situation of Torture in the DPRK,
September 2009, 24-31; UN GAOR, 64th Sess., Report of the Special
Rapporteur on the Situation of Human Rights in the Democratic People's
Republic of Korea, A/64/224, 4 August 09, 17; Yoonok Chang, Stephan
Haggard, and Marcus Noland, Peterson Institute for International
Economics, Migration Experiences of North Korean Refugees: Survey
Evidence From China, March 2008, 10.
\21\ Stephan Haggard and Marcus Noland, East-West Center (Online),
``Repression and Punishment in North Korea: Survey Evidence of Prison
Camp Experiences,'' October 2009, 11-12.
\22\ Yoonok Chang, Stephan Haggard, and Marcus Noland, Peterson
Institute for International Economics, Migration Experiences of North
Korean Refugees: Survey Evidence From China, March 2008, 6; Tom
O'Neill, ``Escape From North Korea,'' National Geographic (Online), 1
February 09; U.S. Commission on International Religious Freedom
(Online), A Prison Without Bars: Refugee and Defector Testimonies of
Severe Violations of Freedom of Religion or Belief in North Korea,
March 2008, Preface, 28.
\23\ Tom O'Neill, ``Escape From North Korea,'' National Geographic
(Online), 1 February 09; John M. Glionna, ``Aiding North Korea
Defectors: A High-Stakes Spy Mission,'' Los Angeles Times (Online), 25
November 09.
\24\ A total of 1,346 refugees were interviewed at 11 sites in
northeastern China. Yoonok Chang, Stephan Haggard, and Marcus Noland,
Peterson Institute for International Economics, Migration Experiences
of North Korean Refugees: Survey Evidence From China, March 2008, 12-
13, 24.
\25\ U.S. Commission on International Religious Freedom (Online), A
Prison Without Bars: Refugee and Defector Testimonies of Severe
Violations of Freedom of Religion or Belief in North Korea, March 2008,
30.
\26\ Yoonok Chang, Stephan Haggard, and Marcus Noland, Peterson
Institute for International Economics, Migration Experiences of North
Korean Refugees: Survey Evidence From China, March 2008, 9, 21.
\27\ UN GAOR, 64th Sess., Report of the Special Rapporteur on the
Situation of Human Rights in the Democratic People's Republic of Korea,
A/64/224, 4 August 09, 17; Citizens' Alliance for North Korean Human
Rights, Survival Under Torture: Briefing Report on the Situation of
Torture in the DPRK, September 2009, 23-33; The Rising Stakes of
Refugee Issues in China, Staff Roundtable of the Congressional-
Executive Commission on China, 1 May 09, Testimony of Suzanne Scholte,
President, Defense Forum Foundation.
\28\ Citizens' Alliance for North Korean Human Rights, Survival
Under Torture: Briefing Report on the Situation of Torture in the DPRK,
September 2009, 27; Committee for Human Rights in North Korea (Online),
Lives for Sale: Personal Accounts of Women Fleeing North Korea to
China, March 2009, 15; UN GAOR, 64th Sess., Report of the Special
Rapporteur on the Situation of Human Rights in the Democratic People's
Republic of Korea, A/64/224, 4 August 09, 17; The Rising Stakes of
Refugee Issues in China, Staff Roundtable of the Congressional-
Executive Commission on China, 1 May 09, Testimony of Suzanne Scholte,
President, Defense Forum Foundation.
\29\ Committee for Human Rights in North Korea (Online), Lives for
Sale: Personal Accounts of Women Fleeing North Korea to China, March
2009, 46-49; Yoonok Chang, Stephan Haggard, and Marcus Noland, Peterson
Institute for International Economics, Migration Experiences of North
Korean Refugees: Survey Evidence From China, March 2008, 13.
\30\ Tom O'Neill, ``Escape From North Korea,'' National Geographic
(Online), 1 February 09.
\31\ Lee Tae-hoon, ``Female North Korean Defectors Priced at
$1,500,'' Korea Times (Online), 5 May 10.
\32\ Committee for Human Rights in North Korea (Online), Lives for
Sale: Personal Accounts of Women Fleeing North Korea to China, March
2009, 28-33; ``North Korean Trafficked Brides,'' Radio Free Asia
(Online), 30 April 09.
\33\ ``North Korean Women Sold in China,'' Radio Free Asia
(Online), 29 April 09.
\34\ Joel R. Charny, et al., Refugees International, Acts of
Betrayal: The Challenge of Protecting North Koreans in China, April
2005, 11.
\35\ Committee for Human Rights in North Korea (Online), Lives for
Sale: Personal Accounts of Women Fleeing North Korea to China, March
2009, 20-21; Lee Tae-hoon, ``Female North Korean Defectors Priced at
$1,500,'' Korea Times (Online), 5 May 10.
\36\ Pino Cazzaniga, ``Fleeing From North Korea To Be Sold in China
as Brides or Prostitutes,'' AsiaNews.it (Online), 15 February 10; Lee
Tae-hoon, ``Female North Korean Defectors Priced at $1,500,'' Korea
Times (Online), 5 May 10.
\37\ Nam You-Sun, ``N. Korean Women Up for Sale in China:
Activist,'' Agence France-Presse (Online), 12 May 10; The Rising Stakes
of Refugee Issues in China, Staff Roundtable of the Congressional-
Executive Commission on China, 1 May 09, Testimony of Suzanne Scholte,
President, Defense Forum Foundation.
\38\ Committee for Human Rights in North Korea (Online), Lives for
Sale: Personal Accounts of Women Fleeing North Korea to China, March
2009, 33-36; Norma Kang Muico, Anti-Slavery International, ``An Absence
of Choice: The Sexual Exploitation of North Korean Women in China,'' 9
November 05, 5; The Rising Stakes of Refugee Issues in China, Staff
Roundtable of the Congressional-Executive Commission on China, 1 May
09, Testimony of Suzanne Scholte, President, Defense Forum Foundation.
\39\ UN Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children (UN TIP Protocol), adopted by UN
General Assembly resolution A/RES/55/25 of 15 November 00, entry into
force 25 December 03, art. 7.
\40\ Article 9 of the UN TIP Protocol provides that ``State Parties
shall establish comprehensive policies, programmes and other measures:
(a) To prevent and combat trafficking in persons; and (b) To protect
victims of trafficking in persons, especially women and children, from
revictimization.'' UN Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children (UN TIP
Protocol), adopted by UN General Assembly resolution A/RES/55/25 of 15
November 00, entry into force 25 December 03, art. 9. Article 6 of the
Convention on the Elimination of All Forms of Discrimination against
Women provides that ``States Parties shall take all appropriate
measures, including legislation, to suppress all forms of traffic in
women and exploitation of prostitution of women.'' Convention on the
Elimination of All Forms of Discrimination against Women, adopted and
opened for signature, ratification, and accession by UN General
Assembly resolution 34/180 of 18 December 79, entry into force 2
September 81, art. 6.
\41\ Office to Monitor and Combat Trafficking in Persons, U.S.
Department of State, Trafficking in Persons Report 2010--China, 14 June
10, 107.
\42\ Lee Tae-hoon, ``Female North Korean Defectors Priced at
$1,500,'' Korea Times (Online), 5 May 10.
\43\ Office to Monitor and Combat Trafficking in Persons, U.S.
Department of State, Trafficking in Persons Report 2010--China, 14 June
10, 107.
\44\ Lina Yoon, ``Stateless Children: North Korean Refugees in
China,'' Christian Science Monitor (Online), 4 September 09.
\45\ Life Funds for North Korean Refugees (Online), ``Shadow
Children Denied National ID,'' 6 July 09.
\46\ PRC Nationality Law, enacted and effective 10 September 80,
art. 4. Every citizen in China is registered under the household
registration (hukou) system. Human Rights Watch (Online), ``Denied
Status, Denied Education: Children of North Korean Women in China,''
April 2008, 3.
\47\ PRC Compulsory Education Law, enacted 12 April 86, effective 1
July 86, amended 29 June 06, effective 1 September 06, arts. 5, 10.
\48\ Human Rights Watch (Online), ``Denied Status, Denied
Education: Children of North Korean Women in China,'' April 2008, 3, 9-
11; Lina Yoon, ``Stateless Children: North Korean Refugees in China,''
Christian Science Monitor (Online), 4 September 09.
\49\ Convention Relating to the Status of Refugees, 28 July 51 by
the UN Conference of Plenipotentiaries on the Status of Refugees and
Stateless Persons convened under UN General Assembly resolution 429(V)
of 14 December 50, art. 22; PRC Nationality Law, enacted and effective
10 September 80, art. 4; PRC Compulsory Education Law, enacted 12 April
86, effective 1 July 86, amended 29 June 06, effective 1 September 06,
art. 5; Lina Yoon, ``Stateless Children: North Korean Refugees in
China,'' Christian Science Monitor (Online), 4 September 09.
\50\ Human Rights Watch (Online), Denied Status, Denied Education:
Children of North Korean Women in China, April 2008, 8; Lee Tae-hoon,
``Female North Korean Defectors Priced at $1,500,'' Korea Times
(Online), 5 May 10; Lina Yoon, ``Stateless Children: North Korean
Refugees in China,'' Christian Science Monitor (Online), 4 September
09; Life Funds for North Korean Refugees (Online), ``Shadow Children
Denied National ID,'' 6 July 09.
\51\ Life Funds for North Korean Refugees (Online), ``Food Prices
Rocket in North Korea,'' 10 April 10; Chico Harlan, ``N. Korea Lifts
Restrictions on Private Markets as Last Resort in Food Crisis,''
Washington Post (Online), 18 June 10.
\52\ Chico Harlan, ``N. Korea Lifts Restrictions on Private Markets
as Last Resort in Food Crisis,'' Washington Post (Online), 18 June 10.
\53\ Blaine Harden, ``North Korea Revalues Currency, Destroying
Private Savings,'' Washington Post (Online), 2 December 09; Life Funds
for North Korean Refugees (Online), ``Food Prices Rocket in North
Korea,'' 10 April 10; ``N. Korea Completely Cuts off State Rations: Aid
Group,'' Agence France-Presse (Online), 14 June 10; Chico Harlan, ``N.
Korea Lifts Restrictions on Private Markets as Last Resort in Food
Crisis,'' Washington Post (Online), 18 June 10.
\54\ Sharon LaFraniere, ``Views Show How North Korea Policy Spread
Misery,'' New York Times (Online), 9 June 10.
\55\ A survey conducted from August 2004 to September 2005 found
that most refugees crossed the border for ``economic'' reasons. Yoonok
Chang, with Stephan Haggard and Marcus Noland, ``North Korean Refugees
in China: Evidence From a Survey,'' in The North Korean Refugee Crisis:
Human Rights and International Response, eds. Stephan Haggard and
Marcus Noland (Washington, DC: U.S. Committee for Human Rights in North
Korea, 2006), 19.
\56\ Ministry of Foreign Affairs (Online), ``Foreign Ministry
Spokesperson Jiang Yu Holds January 22, 2008, Press Conference'' [2008
nian 1 yue 22 ri waijiaobu fayanren jiang yu juxing lixing jizhehui],
22 January 08.
\57\ UN GAOR, 64th Sess., Report of the Special Rapporteur on the
Situation of Human Rights in the Democratic People's Republic of Korea,
A/64/224, 4 August 09, 16-17.
\58\ Convention Relating to the Status of Refugees, 28 July 51 by
the UN Conference of Plenipotentiaries on the Status of Refugees and
Stateless Persons convened under UN General Assembly resolution 429(V)
of 14 December 50, art. 33; UN GAOR, 64th Sess., Report of the Special
Rapporteur on the Situation of Human Rights in the Democratic People's
Republic of Korea, A/64/224, 4 August 09, 16-17.
\59\ ``Crackdown on North Koreans,'' Radio Free Asia (Online), 28
September 09.
Notes to Section II--Public Health
\1\ International Covenant on Economic, Social and Cultural Rights,
adopted by UN General Assembly resolution 2200A (XXI) of 16 December
66, entry into force 3 January 76, art. 12.
\2\ Ministry of Health (Online), ``Minister of Health Chen Zhu
Attends Press Conference at Third Session of Eleventh NPC on `Ensuring
and Improving the People's Livelihood' '' [Chen zhu buzhang chuxi shiyi
jie quanguo renda sanci huiyi ``baozhang he gaishan minsheng'' zhuanti
jizhehui], 8 March 10. At a March 8, 2010, press conference, Minister
of Health Chen Zhu revealed that ``Eighty percent of China's quality
medical resources flow to the urban areas when a majority of our
populace still dwells in the countryside.'' See also ``Chinese Experts
Stress Need for Basic Health Care,'' Washington Post (Online), 7 March
10. According to this article, ``The high cost and poor availability of
health services are among the biggest complaints of the Chinese
public.''
\3\ See, e.g., ``Basic Medicine System To Cover 30% of Grass-Roots
Hospitals by February: Official,'' Xinhua (Online), 27 February 10;
Ministry of Health (Online), ``Ministry of Health Issues `PRC National
Formulary (Chemical Drugs and Biological Products Chapter) 2010
Edition' '' [Weishengbu fabu ``Zhongguo guojia chufang ji (huaxue
yaopin yu shengwu zhipin juan) 2010 nian ban''], 8 February 10;
Ministry of Health (Online), ``Six Departments and Committees Jointly
Print and Distribute `Plan for the Construction of a Basic Healthcare
Team With General Practitioners as the Focal Point' '' [Liu buwei
lianhe yinfa ``yi quanke yisheng wei zhongdian de jiceng yiliao
weisheng duiwu jianshe guihua''], 1 April 10.
\4\ See, e.g., Han Xue, ``42 Counties and Cities in Heilongjiang To
Implement Basic Healthcare Reform Pilot Projects'' [Heilongjiang 42 ge
xianshi jiang shishi jiceng yiyao weisheng tizhi gaige shidian],
Dongbei Net (Online), 9 July 10; Song Qianyun, ``Guizhou Strengthens
Measures, High Level Completion of Tasks in Deepening Healthcare
Reform'' [Guizhou qianghua cuoshi gaoshuiping wancheng shenhua yiyao
weisheng tizhi gaige renwu], Guizhou Daily News, reprinted in Xinhua
(Online), 25 June 10; Wu Yueqiang, ``Jiangxi Province Announces This
Year's Target Tasks for Deepening Healthcare Reform'' [Jiangxi sheng
gongbu jinnian shenhua yiyao weisheng tizhi gaige mubiao renwu], Jinshi
Net-Nanchang Evening News, reprinted in Jinshi.net (Online), 9 July 10;
Ningxia Hui Autonomous Region Development and Reform Commission,
``Meeting on 2010 Ningxia Hui Autonomous Region Work on Deepening
Healthcare Reform Convenes Today'' [2010 nian ningxia huizu zizhi qu
shenhua yiyao weisheng tizhi gaige gongzuo huiyi jinri zhaokai],
reprinted in Sina (Online), 9 July 10.
\5\ Gu Xin, ``Distribute Medical Service Evenly,'' China Daily
(Online), 24 November 09. According to this report, ``In some rural,
mountainous and outlying regions, people have no access to even basic
medical services given the small number of public healthcare providers,
let alone specialized care from the poorly-equipped hospitals. The
underlying factor for this should be attributed to government efforts
to maintain the dominant status of public hospitals in large cities.
For a long time, big hospitals, especially in big cities, have enjoyed
an absolute advantage over their counterparts in rural and outlying
areas in being awarded public inputs. At the same time, medical workers
in under-funded hospitals have tried to move to big cities and
economically developed regions to get higher pay.''
\6\ ``Govt' Promises Equitable Healthcare for All,'' China Daily,
reprinted in PRC Central People's Government (Online), 8 January 08.
\7\ See, e.g., Che Yuming, ``Li Keqiang: Hurry To Implement Five
Focal Tasks of Healthcare Reform'' [Li keqiang: ba yigai wuxiang
zhongdian renwu zhuajin luodao shichu], Xinhua (Online), 4 December 09;
``Chinese President Calls for Universal Basic Health Care,'' Xinhua
(Online), 29 May 10.
\8\ Drew Thompson, ``China's Health Care Reform,'' Council on
Foreign Relations (Online), 30 April 09 (``There is widespread
insecurity about health care in the country, with more than 60 percent
of Chinese citizens surveyed unsatisfied with the health services they
receive.''). See also Center for Strategic and International Studies,
``China's Capacity To Manage Infectious Diseases: Global
Implications,'' March 2009, VII; State Council Information Office,
State Council Opinion on Deepening Healthcare Reform [Zhonggong
zhongyang guowuyuan guanyu shenhua yiyao weisheng tizhi gaige de
yijian], issued 17 March 09; State Council Information Office, State
Council Circular Regarding the Printing and Distribution of the 2009-
2011 Healthcare Reform Implementation Plan [Guowuyuan guanyu yinfa
yiyao weisheng tizhi gaige jinqi zhongdian shishi fang'an (2009-2011
nian) de tongzhi], issued 18 March 09.
\9\ Ministry of Health (Online), ``Ministry of Health and Five
Other Ministries Deploy Public Hospital Reform Pilot Project''
[Weishengbu deng wu buwei bushu gongli yiyuan gaige shidian gongzuo],
23 February 10; Ministry of Health (Online), ``Ministry of Health and
Five Other Ministries Jointly Issue `Guiding Opinions on the Public
Hospital Reform Pilot Project' '' [Weishengbu deng wu buwei lianhe fabu
``guanyu gongli yiyuan gaige shidian de zhidao yijian''], 23 February
10.
\10\ ``Basic Medicine System To Cover 30% of Grass-Roots Hospitals
by February: Official,'' Xinhua (Online), 27 February 10; Ministry of
Health (Online), ``Ministry of Health Issues `PRC National Formulary
(Chemical Drugs and Biological Products Chapter) 2010 Edition' ''
[Weishengbu fabu ``Zhongguo guojia chufang ji (huaxue yaopin shengwu
zhipin juan) 2010 nian ban''], 8 February 10.
\11\ Ministry of Health (Online), ``Six Departments and Committees
Jointly Print and Distribute `Plan for the Construction of a Basic
Healthcare Team With General Practitioners as the Focal Point' '' [Liu
buwei lianhe yinfa ``yi quanke yisheng wei zhongdian de jiceng yiliao
weisheng duiwu jianshe guihua''], 1 April 10.
\12\ Wu Yueqiang, ``Jiangxi Province Announces This Year's Target
Tasks for Deepening Healthcare Reform'' [Jiangxi sheng gongbu jinnian
shenhua yiyao weisheng tizhi gaige mubiao renwu], Jinshi Net-Nanchang
Evening News, reprinted in Jinshi.net (Online), 9 July 10.
\13\ Yuhui Li and Linda Dorsten, ``Regional and Urban/Rural
Differences of Public Health in China,'' 2 Global Journal of Health
Science 20, 21 (April 2010).
\14\ ``Medical Insurance To Cover All Urban Residents This Year,''
Xinhua, reprinted in China Economic Net (Online), 23 February 09; Yuhui
Li and Linda Dorsten, ``Regional and Urban/Rural Differences of Public
Health in China,'' 2 Global Journal of Health Science, 20, 25 (April
2010).
\15\ Jingjing Yang, ``Imbalance Grows at Chinese Hospitals,'' New
York Times (Online), 26 April 10; Gordon Fairclough, ``In China, Rx for
Ailing Health System,'' Wall Street Journal (Online), 15 October 09; Gu
Xin, ``Distribute Medical Service Evenly,'' China Daily (Online), 24
November 09. According to this report, ``For a long time, big
hospitals, especially in big cities, have enjoyed an absolute advantage
over their counterparts in rural and outlying areas in being awarded
public inputs. At the same time, medical workers in under-funded
hospitals have tried to move to big cities and economically developed
regions to get higher pay.''
\16\ See CECC, 2009 Annual Report, 10 October 09, 183; ``Migrant
Restrictions in China Stirs Outcry,'' CNN (Online), 12 March 10; Aris
Chan, China Labour Bulletin (Online), ``Paying the Price for Economic
Development: The Children of Migrant Workers in China,'' November 2009,
29-31, 45-48, 57; Carl Minzner, ``The System That Divides China,'' Los
Angeles Times (Online), 16 March 10.
\17\ ``City Cuts Fines on Second Child,'' Global Times (Online), 23
August 10. According to one expert quoted in this report, ``Children
born outside State scrutiny will enjoy equal rights as the first child
only after the family pays the fine and registers them.''
\18\ Yan Hao and Li Yanan, ``Urban Hukou, or Rural Land? Migrant
Workers Face Dilemma,'' China Daily (Online), 10 March 10; Tao Ran,
``Where There's a Will, There's a Way To Reform,'' China Daily
(Online), 22 March 10.
\19\ ``Resources Imbalance Challenges China's Health Care Reform:
Minister,'' Xinhua (Online), 28 September 09; ``China Endeavors To
Bring Affordable Medical Services to Farmers,'' Xinhua (Online), 2
January 10; Gordon Fairclough, ``In China, Rx for Ailing Health
System,'' Wall Street Journal (Online), 15 October 09; Gu Xin,
``Distribute Medical Service Evenly,'' China Daily (Online), 24
November 09. According to this report, ``In some rural, mountainous and
outlying regions, people have no access to even basic medical services
given the small number of public healthcare providers, let alone
specialized care from the poorly-equipped hospitals.''
\20\ CECC, 2009 Annual Report, 10 October 09, 183.
\21\ Ibid.
\22\ ``China Audits Rural Cooperative Medical Care System,''
Xinhua, reprinted in China Daily (Online), 6 June 10. According to
official statistics quoted in this report, 833 million farmers, or 94
percent of the rural population, were participating in the rural
cooperative medical system as of the end of 2009. This is an increase
over the 85.9 percent coverage reported in the Commission's 2009 Annual
Report. CECC, 2009 Annual Report, 10 October 09, 183.
\23\ ``Missing the Barefoot Doctors: Many a Problem Lies in the Way
of a `New Socialist Countryside,' '' Economist (Online), 11 October 07.
\24\ Shanlian Hu, Shenglan Tang, Yuanli Liu, Yuxin Zhao, Maria-
Luisa Escobar, and David de Ferranti, ``Reform of How Health Care Is
Paid for in China: Challenges and Opportunities,'' 372 Lancet, 1846 (22
November 08); ``Case Studies in Chinese Health Care Reform,'' Economic
Observer (Online), 4 November 08.
\25\ ``Case Studies in Chinese Health Care Reform,'' Economic
Observer (Online), 4 November 08. See also CECC, 2009 Annual Report, 10
October 09, 183.
\26\ International Covenant on Economic, Social and Cultural Rights
(ICESCR), adopted by UN General Assembly resolution 2200A (XXII) of 16
December 66, entry into force 3 January 76, art. 12(2c). See also
``China Pledges To Step Up Fight Against Infectious Diseases,'' Xinhua
(Online), 29 June 10.
\27\ See discussion below for more details.
\28\ ``Hand-Foot-Mouth Disease Epidemic Spreads Early'' [Shouzukou
bing yiqing tiqian gaofa], Beijing News (Online), 7 May 10; ``Hand-
Foot-Mouth Disease Claims 94 Lives in China,'' Xinhua (Online), 14
April 10. See also Fang Xiao, ``Alarming Outbreak of Mutated Hand,
Foot, and Mouth Disease in Guangxi,'' Epoch Times (Online), 5 May 10.
\29\ Margie Mason, ``1 Chinese Baby Born With Syphilis Every
Hour,'' Associated Press, reprinted in Washington Post (Online), 5 May
10. See also Joseph D. Tucker, et al., ``Syphilis and Social Upheaval
in China,'' 362 New England Journal of Medicine, 1658, 1658-1661 (6 May
10).
\30\ Jane Chen, ``10 Patients Claim Hep C Infection From
Dialysis,'' Shanghai Daily (Online), 16 April 10.
\31\ ``Infectious Diseases Kill 1,269 in China in April; Over Half
AIDS Cases,'' Xinhua (Online), 11 May 10; Yang Wanli, ``China's HIV/
AIDS Total To Hit 740,000,'' China Daily (Online), 23 December 09. See
also ``Ministry of Health Ranks HIV/AIDS Deadliest Infectious Disease
in China, Government Harassment of Advocates Continues,'' CECC China
Human Rights and Rule of Law Update, No. 1, 8 January 10, 2; ``China's
Minister of Health Warns of HIV Spread,'' Xinhua (Online), 24 November
09.
\32\ Tan Ee Lyn, ``China Fights Growing Problem of Tuberculosis,''
Reuters (Online), 5 January 10.
\33\ ``Resources Imbalance Challenges China's Health Care Reform:
Minister,'' Xinhua (Online), 28 September 09; L.H. Chan, P.K. Lee, and
G. Chan, ``China Engages Global Health Governance: Processes and
Dilemmas,'' 4 Global Health 1, 5 (January 2009). For examples of some
factors that contribute to greater risk of the spread of infectious
disease in rural areas, see Yuhui Li and Linda Dorsten, ``Regional and
Urban/Rural Differences of Public Health in China,'' 2 Global Journal
of Health Science 20, 24 (April 2010).
\34\ L.H. Chan, P.K. Lee, and G. Chan, ``China Engages Global
Health Governance: Processes and Dilemmas,'' 4 Global Health 1, 5
(January 2009). Joe Amon, Human Rights Watch (Online), ``Chinese
Corruption Is Hazardous to Your Health,'' 13 May 10.
\35\ Shan Juan, ``Probe Ordered Into Tainted Vaccines,'' China
Daily (Online), 18 March 10.
\36\ Ibid.
\37\ Joe Amon, Human Rights Watch (Online), ``Chinese Corruption Is
Hazardous to Your Health,'' 13 May 10.
\38\ Ibid.
\39\ Qide Han, et al., ``China and Global Health,'' 372 Lancet
1439, 1439-1441 (October 2008). See also Peter Foster, ``China
Threatens World Health by Unleashing Waves of Superbugs,'' Telegraph
(Online), 5 February 10; Gordon Fairclough, ``In China, Rx for Ailing
Health System,'' Wall Street Journal (Online), 15 October 09.
\40\ Human Rights in China, ``Take Action, Tiananmen: 2008 and
Beyond,'' China Rights Forum, No. 2, 2008, 43.
\41\ International Covenant on Economic, Social and Cultural Rights
(ICESCR), adopted by UN General Assembly resolution 2200A (XXII) of 16
December 66, entry into force 3 January 76, art. 12(1).
\42\ Mitch Moxley, ``China Tackles Mental Health Woes,'' Inter
Press Service, reprinted in Asia Times (Online), 9 July 10.
\43\ Malcolm Moore, ``China Has 100 Million People With Mental
Illness,'' Telegraph (Online), 28 April 10.
\44\ ``Psychiatric Institutions in China,'' 376 Lancet 2, 2 (3 July
10). According to this editorial, ``The average number of qualified
psychiatrists worldwide is four per 100 000 individuals: in China, it
is about 1.26.''
\45\ Kathrin Hille, ``School Killings Cast Spotlight on Social
Stresses in China,'' Financial Times (Online), 15 May 10; Malcolm
Moore, ``China To Build 550 Mental Hospitals in Response to School
Stabbings,'' Telegraph (Online), 21 June 10; ``Psychiatric Institutions
in China,'' 376 Lancet 2, 2 (3 July 10). According to this editorial,
``The average number of qualified psychiatrists worldwide is four per
100,000 individuals: in China, it is about 1.26.''
\46\ ``Psychiatric Institutions in China,'' 376 Lancet 2, 2 (3 July
10). According to this editorial, ``The average number of qualified
psychiatrists worldwide is four per 100 000 individuals: in China, it
is about 1.26.'' See also ``Prevalence, Treatment, and Associated
Disability of Mental Disorders in Four Provinces in China During 2001-
05: An Epidemiological Survey,'' 373 Lancet 2041, 2049 (13 June 09).
According to this study, an estimated 91 percent of the screened
individuals who suffered from some form of mental illness in China
never sought help.
\47\ See, e.g., Shan Juan, ``After a Spate of Brutal Murders,
Mental Health Gets a Closer Look,'' China Daily (Online), 25 May 10;
Malcolm Moore, ``China To Build 550 Mental Hospitals in Response to
School Stabbings,'' Telegraph (Online), 21 June 10.
\48\ Shan Juan, Hu Meidong, and Zhu Xingxin, ``School Killings
Reveal Mental Health Woes,'' China Daily (Online), 24 March 10; Joel
Martinsen, ``School Violence: Does It Belong in the News/ '' Danwei
(Online), 30 April 10; Shirley S. Wang, ``For China, Attacks Shine a
Light on Its Treatment of the Mentally Ill,'' Wall Street Journal
(Online), 3 May 10; Dan Martin, ``China School Attacks Expose Mental
Health Dilemma,'' Agence France-Presse (Online), 12 May 10; Shan Juan,
``After a Spate of Brutal Murders, Mental Health Gets a Closer Look,''
China Daily (Online), 25 May 10; Deng Jingyin, ``Mental Health Gets a
Boost,'' Global Times (Online), 22 June 10.
\49\ Tini Tran, ``China School Attacks Highlight Mental Health,''
Associated Press, reprinted in Google (Online), 14 May 10. See also
Shan Juan, Hu Meidong, and Zhu Xingxin, ``School Killings Reveal Mental
Health Woes,'' China Daily (Online), 24 March 10. According to this
report, Zheng Mingsheng, who stabbed eight children to death and
injured five more in Fujian province in March, ``is said to have a
history of mental illness.'' Deng Jingyin, ``Mental Health Gets a
Boost,'' Global Times (Online), 22 June 10. According to this report, a
man who killed his daughter and her classmate in Heilongjiang province
in May suffered from a ``mental disorder.''
\50\ Shan Juan, ``After a Spate of Brutal Murders, Mental Health
Gets a Closer Look,'' China Daily (Online), 25 May 10.
\51\ Ibid.
\52\ Zhou Yingfeng, ``China To Renovate and Expand 550 Mental
Hospitals, Prevent [Mentally] Ill From Creating Disturbances and
Causing Trouble'' [Wo guo jiang gaikuangjian 550 suo jingshenbing yuan
fangbingren zhaoshi zhaohuo], Xinhua, reprinted in People's Daily
(Online), 21 June 10. See also Deng Jingyin, ``Mental Health Gets A
Boost,'' Global Times (Online), 22 June 10.
\53\ ``Psychiatric Institutions in China,'' 376 Lancet 2, 2 (3 July
10).
\54\ Huang Jingjing, ``Experts Consider Law on Mental Health,''
Global Times (Online), 17 June 09.
\55\ Ibid.
\56\ Huang Jingjing, ``Experts Consider Law on Mental Health,''
Global Times (Online), 17 June 09.
\57\ ``Worldview: NGOs a Paradox in Today's China,'' Philadelphia
Inquirer (Online), 23 May 10. According to Minister of Health Chen Zhu,
quoted in this article, ``NGOs have an indispensable role in health
care . . . [t]he participation of NGOs has played an active role in
raising social awareness and ending stigma and in prevention
measures.''
\58\ See, e.g., ``Ministry of Health Ranks HIV/AIDS Deadliest
Infectious Disease in China, Government Harassment of Advocates
Continues,'' CECC China Human Rights and Rule of Law Update, No. 1, 8
January 10, 2.
\59\ CECC, 2009 Annual Report, 10 October 09, 203.
\60\ State Administration of Foreign Exchange, Circular on Issues
Concerning the Management of Foreign Exchange Donated to or by Domestic
Institutions [Guanyu jingnei jigou juanzeng waihui guanli youguan wenti
de tongzhi], issued 30 December 09, effective 1 March 10. See also
Verna Yu, ``Beijing Tightens Rules on Foreign Funding of NGOs,'' South
China Morning Post, 15 March 10; Cara Anna, ``NGOs in China Say
Threatened by New Donor Rules,'' Associated Press, reprinted in Google
(Online), 12 March 10; Chinese Human Rights Defenders, ``Prominent NGO
Raise Concern Over New Regulations on Receiving Foreign Funding,'' 16
March 10.
\61\ Emma Graham-Harrison, ``New Finance Rules Add to Squeeze on
China NGOs,'' Reuters (Online), 12 March 10.
\62\ Chinese Human Rights Defenders, reprinted in Boxun (Online),
``Henan HIV/AIDS-Infected Rights Defender Tian Xi Criminally Detained''
[Henan aizibing ganran weiquan renshi tian xi bei xingshi juliu], 23
August 10.
\63\ Ibid.
\64\ Civil Rights and Livelihood Watch, ``Henan HIV/AIDS Rights
Defender Tian Xi Arrested'' [Henan aizibing weiquan renshi tian xi bei
zhixing daibu], 24 August 10.
\65\ Chinese Human Rights Defenders, reprinted in Boxun (Online),
``Henan HIV/AIDS-Infected Rights Defender Tian Xi Criminally Detained''
[Henan aizibing ganran weiquan renshi tian xi bei xingshi juliu], 23
August 10.
\66\ Ibid.
\67\ ``Beijing Court Sentences Hu Jia to 3 Years 6 Months'
Imprisonment,'' CECC China Human Rights and Rule of Law Update, March-
April 2008, 1. See also the CECC Political Prisoner Database for more
information.
\68\ ``Hu Jia Denied Medical Parole, Family Members Urge
[Authorities] To Show Written Examination Report'' [Hu jia baowai jiuyi
shenqing beiju, jia ren cu chushi shumian jiancha baogao], Radio Free
Asia (Online), 12 April 10; ``Jailed China Activist Hu Jia May Have
Cancer: Wife,'' Reuters (Online), 8 April 10.
\69\ Gillian Wong, ``China AIDS Activist Flees to US After
Harassment,'' Associated Press, reprinted in Washington Post (Online),
10 May 10.
\70\ Ibid.
\71\ Chinese Human Rights Defenders (Online), ``Beijing's
`Aizhixing' Has Tax Records Investigated After Delay'' [Beijing
``aizhixing'' shuiwu jicha zanshiyan hou], 25 March 10; ``China's
Crackdown on Nonprofit Groups Prompts New Fears Among Activists,''
Washington Post (Online), 11 May 10. According to this article, Wan
Yanhai indicated concern that his organization may eventually be shut
down.
\72\ CECC, 2009 Annual Report, 10 October 09, 204-05. In July 2009,
Beijing officials fined and then shut down the organization for not
being legally registered with the government as a non-governmental
organization.
\73\ Chinese Human Rights Defenders (Online), ``China Human Rights
Briefing Weekly June 8-14, 2010,'' 15 June 10.
\74\ Ibid.
\75\ Chinese Human Rights Defenders (Online), ``China Human Rights
Briefing Weekly April 27-May 3, 2010,'' 4 May 10.
\76\ PRC Employment Promotion Law, enacted 30 August 07, effective
1 January 08, arts. 29, 30; International Covenant on Economic, Social
and Cultural Rights (ICESCR), adopted by UN General Assembly resolution
2200A (XXII) of 16 December 66, entry into force 3 January 76, arts. 7,
13; PRC Law on the Protection of Disabled Persons, issued 28 December
90, amended 24 April 08, effective 1 July 08, arts. 3, 25, 30-40;
Ministry of Education Circular Regarding Further Standardizing Physical
Examinations [Prior to] School Enrollment or Employment To Protect the
Rights of Hepatitis B Surface Antigen Carriers to School Enrollment or
Employment [Guanyu jinyibu guifan ruxue he jiuye tijian xiangmu weihu
yigan biaomian kangyuan xiedaizhe ruxue he jiuye quanli de tongzhi],
issued 10 February 10.
\77\ China Labour Bulletin (Online), ``Hepatitis B Activists
Publish Major New Research Report Highlighting Employment
Discrimination in China,'' 13 January 10.
\78\ Ministry of Education, Circular Regarding Further
Standardizing Physical Examinations [Prior to] School Enrollment or
Employment To Protect the Rights of Hepatitis B Surface Antigen
Carriers to School Enrollment or Employment [Guanyu jinyibu guifan
ruxue he jiuye tijian xiangmu weihu yigan biaomian kangyuan xiedaizhe
ruxue he jiuye quanli de tongzhi], issued 10 February 10.
\79\ China Labour Bulletin (Online), ``Job Seeker Successfully Sues
Hospital for Violation of Right to Privacy,'' 9 March 10.
\80\ ``Many Kindergartens in Haikou Refuse Hepatitis B Children,''
Sina (Online), 2 March 10; Yirenping (Online), ``Infant in Haikou
Barred From Entering Kindergarten, Ministry of Education, Ministry of
Health Denounced'' [Haikou shi yigan baobao nan ruyuan, jiaoyuju,
weishengju zao jubao], 4 March 10.
\81\ ``Health Care Management Measures for Nurseries and
Kindergartens (Draft),'' China News Services (Online), 30 July 09.
\82\ Zhang Yue and Shan Juan, ``Job Seeker Files Case on HIV
Discrimination,'' China Daily (Online), 31 August 10.
\83\ Ibid.; China Labour Bulletin (Online), ``Anhui Court Accepts
HIV Discrimination Lawsuit,'' 31 August 10. See also Li Guangming,
``Anhui University Student Sues Bureau of Education After Refused
Employment Because of Positive HIV/AIDS Test Results in Physical
Examination'' [Yin tijian aizi yangxing qiuzhi bei ju anhui yi daxue
sheng qisu jiaoyuju], Legal Daily (Online), 26 August 10.
\84\ China Labour Bulletin (Online), ``Anhui Court Accepts HIV
Discrimination Lawsuit,'' 31 August 10.
\85\ Zhang Yue and Shan Juan, ``Job Seeker Files Case on HIV
Discrimination,'' China Daily (Online), 31 August 10.
\86\ Ibid.
opowiesci,i poezje , performanse ,ciekawostki, przebiegi zyciowo nieprzewidywalne sny marzenia , biznes , wychowanie
Brak komentarzy:
Prześlij komentarz