Notes to Section II--Population Planning
\1\ The population planning policy was first launched in 1979,
canonized as a ``fundamental state policy'' in 1982, and codified as
national law in 2002. As of 2007, 19 of China's 31 provinces--
accounting for 53.6 percent of China's population--allow rural dwellers
to have a second child if their first child is a girl. Gu Baochang et
al., ``China's Local and National Fertility Policies at the End of the
Twentieth Century,'' 33 Population and Development Review 133, 138
(2007).
\2\ See, e.g., ``Time For Families To Have Two Children Each,''
China Daily (Online), 1 February 10; Liu Ming, ``Ease One-Child Policy
and Invite Disaster,'' China Daily (Online), 1 February 10; ``Most
People Want Two Children, Survey Says,'' China Daily (Online), 27 March
10; Yao Yijiang, ``30 Years of Family Planning, To Change or Not To
Change to a Two Child Policy: At a Historical Juncture, Undergoing
Heated Debate'' [Jihua shengyu 30 nian, bian haishi bubian ertai
zhengce: lishi guankou, zhengzai jibian], Southern Metropolitan Daily
(Online), 17 March 10.
\3\ For example, officials in Huanggang township (Xiushui county,
Jiangxi province) described a family planning campaign in July 2009
that focused on the ``two inspections and four procedures,'' (liangjian
sishu) which refers to IUD inspections, pregnancy examinations (the two
inspections), IUD implants, first-trimester abortions, mid-to-late term
abortions, and sterilization (the four procedures). See Xiushui County
Population and Family Planning Committee (Online), ``Huanggang
Township's Statement at the Xiushui County 2009 Population and Family
Planning Work Dispatch Meeting'' [Huanggangzhen zai 2009 nian quanxian
renkou he jihua shengyu gongzuo diaoduhui fayan], 18 June 09.
\4\ See, e.g., in Fujian's Sha county, family planning officials
are required to insert an IUD in women within three months of the birth
of a first child. Sha County Zhenghu Township People's Government
(Online), ``Recommendations Regarding Zhenghu Township's Population and
Family Planning Work for 2009'' [Guanyu zuohao 2009 niandu zhenghu
xiang renkou yu jihua shengyu gongzuo de yijian], 18 February 09.
\5\ PRC Population and Family Planning Law, adopted 29 December 01,
effective 1 September 02, art. 4. According to Article 4, officials
``shall perform their administrative duties strictly in accordance with
the law, and enforce the law in a civil manner, and they may not
infringe upon the legitimate rights and interests of citizens.''
\6\ CECC, 2006 Annual Report, 20 September 06, 109; Bureau of
Democracy, Human Rights, and Labor, U.S. Department of State, Country
Report on Human Rights Practices--2008, China (includes Tibet, Hong
Kong, and Macau), 25 February 09; UN Committee against Torture, 41st
Session, Consideration of Reports Submitted by States Parties Under
Article 19 of the Convention: Concluding Observations of the Committee
against Torture--China, CAT/C/CHN/CO/4, 3-21 November 08, 12.
\7\ For examples of the sterilization requirements, see Qiaojia
County People's Government Circular on the Completion of 2010
Population and Family Planning Work [Qiaojia xian renmin zhengfu guanyu
zuohao 2010 nian renkou yu jihua shengyu gongzuo de tongzhi], issued 29
January 10; Guangzhou Municipal Population and Family Planning Bureau
(Online), ``Seeking Advice Regarding the Issue of Tubal Ligation''
[Zixun biaoti: guanyu jieza wenti], 6 July 09.
\8\ Bureau of Democracy, Human Rights, and Labor, U.S. Department
of State, Country Report on Human Rights Practices--2008, China
(includes Tibet, Hong Kong, and Macau), 25 February 09, 6. The Beijing
Municipal Population and Family Planning Commission clearly draws the
link between the term remedial measures and abortion: ``early term
abortion refers to the use of surgery or pharmaceutics to terminate a
pregnancy before the 12th week of gestation, it is a remedial measure
taken after the failure of contraception.'' See Beijing Municipal
Population and Family Planning Commission (Online), ``Early Term
Abortion'' [Zaoqi rengong liuchan], 10 April 09.
\9\ For a recent example from an urban area, see Xincun Village
Committee's Self-Governing Regulations for Family Planning [Xincun
cunweihui jihua shengyu zizhi zhangcheng], issued 16 January 09. For a
recent example from a rural area, see Jiangxi Provincial Population and
Family Planning Commission (Online), ``Anyi County Unleashes an Upsurge
of Population and Family Planning Activities To `Welcome Three
Festivals, Battle for 100 Days, Achieve Three Breakthroughs' '' [Anyi
xian xianqi ``ying sanjie, zhan baitian, san tupo'' renkou jisheng
huodong gaochao], 24 February 10.
\10\ CECC, 2007 Annual Report, 10 October 07, 108.
\11\ The PRC Population and Family Planning Law became effective in
2002. PRC Population and Family Planning Law, adopted 29 December 01,
effective 1 September 02; United Nations, Beijing Declaration and
Platform for Action, adopted at the Fourth World Conference on Women,
Beijing, 4-15 September 95, para. 17; United Nations, Programme of
Action of the International Conference on Population and Development,
adopted at the International Conference on Population and Development,
Cairo, 5-13 September 94, para. 7.2. On the concept of ``illegal
pregnancy'' and its use in practice, see Elina Hemminki et al.,
``Illegal Births and Legal Abortions--The Case of China,'' Reproductive
Health (Online), Vol. 2, No. 5, 11 August 05.
\12\ 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, arts. 2, 3, 16(1)(e).
\13\ Convention on the Rights of the Child, adopted and opened for
signature, ratification, and accession by UN General Assembly
resolution 44/25 of 20 November 89, entry into force 2 September 90,
arts. 2, 3, 4, 6, 26.
\14\ International Covenant on Economic, Social, and Cultural
Rights (ICESCR), adopted by UN General Assembly resolution 2200A (XXI)
of 16 December 66, entry into force 3 January 76, art. 10(3).
\15\ PRC Population and Family Planning Law, adopted 29 December
01, effective 1 September 02, art. 4.
\16\ Ibid., art. 39.
\17\ CECC, 2009 Annual Report, 10 October 09, 153-156; CECC, 2008
Annual Report, 31 October 08, 98-99; CECC, 2007 Annual Report, 10
October 07, 110.
\18\ Chinese Human Rights Defenders (Online), ``China Human Rights
Briefing August 25, 2010,'' 25 August 10.
\19\ Puning City People's Government (Online), ``Our City Starts a
Special Operation To Sterilize Women With Two Children'' [Woshi xianqi
erhai jieza zhuanxiang xingdong], 12 April 10; Yifeng County Circular
Regarding the Earnest Launch of Family Planning Technical Services for
the 2010 Spring Festival [Guanyu renzhen kaizhan 2010 nian chunji jihua
shengyu jishu fuwu huodong de tongzhi], issued 18 March 10.
\20\ Jiangxi Provincial Population and Family Planning Commission
(Online), ``Anyi County Unleashes an Upsurge of Population and Family
Planning Activities To `Welcome Three Festivals, Battle for 100 Days,
Achieve Three Breakthroughs' '' [Anyi xian xianqi ``ying sanjie, zhan
baitian, san tupo'' renkou jisheng huodong gaochao], 24 February 10.
\21\ Gulou Subdistrict Office of the Echeng District People's
Government (Online), ``Comrade Ke Yanmin's Speech to the Subdistrict
Plenary Work Meeting for the Large-Scale Family Planning Operation for
Spring 2010'' [Ke yanmin tongzhi zai quanjie 2010 nian jihua shengyu
chunji daxingdong gongzuo dahui shang de jianghua], 3 March 10.
\22\ Xincun Village Committee's Self-Governing Rules for Family
Planning [Xincun cunweihui jihua shengyu zizhi zhangcheng], issued 16
January 09.
\23\ The nine provinces in which local governments produced these
reports were, as detailed later in the paragraph: Henan, Hubei,
Guangdong, Jiangsu, Jiangxi, Liaoning, Anhui, Zhejiang, and Yunnan.
\24\ For a Henan province example, see Jiyuan City Population and
Family Planning Commission (Online), ``Our City Convenes 2010
Population and Family Planning Work Conference on Spring Service
Activities'' [Woshi zhaokai 2010 nian renkou he jihua shengyu ji chunji
fuwu huodong gongzuo huiyi], 4 March 10; for a Hubei province example,
see Yingshan County Population and Family Planning Bureau (Online),
``Xiao Ang: By Any Means, Stabilize Low Birth Level'' [Xiao ang:
qianfangbaiji wending di shengyu shuiping], 17 March 10; for a
Guangdong province example, see Lechang City People's Government,
Lechang City Circular on the Launch of Family Planning Concentrated
Service Activities in Spring 2010 [Guanyu kaizhan 2010 nian jihua
shengyu chunji jizhong fuwu huodong de tongzhi], issued 11 March 10;
for a Jiangsu province example, see Suqian Municipal People's
Government (Online), ``Stand at a New Starting Point, Seek New
Breakthroughs, Achieve New Strides'' [Lizu xin qidian mouqiu xin tupo
shixian xin kuayue], 18 January 10; for a Jiangxi province source, see
PRC National Population and Family Planning Commission (Online),
``Jiangxi: All-Province Population and Family Planning Work Conference
Convenes in Nanchang'' [Jiangxi: quansheng renkou jisheng gongzuo huiyi
zai nanchang zhaokai], 24 March 10.
\25\ Panjin Municipal Population and Family Planning Commission
(Online), ``By Any Means, Xinglongtai District Drives Population and
Family Planning Work Into the Fast Lane'' [Xinglongtai qu qianfangbaiji
yindao renkou jisheng gongzuo shiru `kuai chedao'], 31 March 10.
\26\ Xingzi County People's Government (Online), ``Regarding the
Policy on the Planned Birth of a Second Child'' [Guanyu jihua shengyu
ertai zhengce], 1 March 10.
\27\ ``City Cuts Fines On Second Child,'' Global Times (Online), 23
August 10. According to the report, ``The fine for an extra child is
based on the official measure of average annual income: 26,738 yuan
($3,937) for an urban Beijinger and 11,986 yuan ($1,765) for a rural
resident. Parents are fined six to 10 times that figure for a second
baby or six to 20 times for a third or more.'' See also An Evaluation
of 30 Years of the One-Child Policy, Hearing of the Tom Lantos Human
Rights Commission, U.S. House of Representatives, 10 November 09,
Testimony of Toy Reid, Senior Research Associate, Congressional-
Executive Commission on China; CECC, 2009 Annual Report, 10 October 09,
151-152.
\28\ ``Famous Scholar Yang Zhizhu Fired for Challenging Family
Planning Regulations'' [Zhuming xuezhe yang zhizhu yin tiaozhan jihua
shengyu zhengce bei jiepin], Chinese Human Rights Defenders, reprinted
in Boxun (Online), 6 April 10; ``Beijing Professor Yang Zhizhu Fired
for Exceeding One-Child Policy Limit'' [Beijing jiaoshou yang zhizhu
yin chaosheng bei jiepin], Radio Free Asia (Online), 7 April 10; ``City
Cuts Fines On Second Child,'' Global Times (Online), 23 August 10.
\29\ ``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.''
\30\ 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.
\31\ Bureau of Democracy, Human Rights, and Labor, U.S. Department
of State, Country Report on Human Rights Practices--2009, China
(includes Tibet, Hong Kong, and Macau), 11 March 10.
\32\ See CECC, 2009 Annual Report, 10 October 09, 155. The
Commission analyzed local government reports which show targeting of
migrant workers in Zhejiang and Yunnan provinces. As this section
details, the Commission has examined such reports in the 2010 reporting
year issued by local governments in Guangdong, Zhejiang, Jiangsu,
Shandong, and Fujian provinces as well as a central-level directive
that applies to all governments within the following provincial-level
jurisdictions: Beijing, Tianjin, Hebei, Shandong, Liaoning,
Heilongjiang, Jilin, Henan, Shandong, and the Inner Mongolia Autonomous
Region.
\33\ The implementation plan defines the Bohai Region as
encompassing the following provincial-level jurisdictions: Beijing,
Tianjin, Hebei, Shandong, Liaoning, Heilongjiang, Jilin, Henan,
Shandong, and the Inner Mongolia Autonomous Region. PRC National
Population and Family Planning Commission (Online), ``Bohai Rim
Floating Population Family Planning Region's `Chess Board' Work
Implementation Plan'' [Huan bohai liudong renkou jihua shengyu quyu `yi
pan qi' gongzuo shishi fang'an], 11 April 10.
\34\ PRC National Population and Family Planning Commission
(Online), ``Bohai Rim Floating Population Family Planning Region's
`Chess Board' Work Implementation Plan'' [Huan bohai liudong renkou
jihua shengyu quyu `yi pan qi' gongzuo shishi fang'an], 11 April 10.
\35\ Fuzhou Municipal Population and Family Planning Commission
(Online), ``Ten Floating Population Family Planning Regions at the
District and County Levels in Fuzhou Municipality and Shanghai
Municipality Hold a Signing Ceremony for a Cooperation Agreement in
Shanghai'' [Fuzhou shi yu shanghai shi shi quxian liudong renkou jihua
shengyu quyu xiezuo qianyue yishi zai shanghai juxing], 16 March 10.
\36\ Zhoushi Town Opinion on the Implementation of a Special Family
Planning Rectification Operation for the Floating Population [Zhoushi
zhen liudong renkou jihua shengyu zhuanxiang zhengzhi xingdong shishi
yijian], issued 3 June 09.
\37\ The text of the measures specifies Anhui province as the area
of jurisdiction, but the regulations were found by Commission staff on
the official Web site of a municipal government in neighboring Shandong
province. Binzhou Municipal Population and Family Planning Commission,
``Family Planning Management Measures for the Floating Population''
[Liudong renkou jihua shengyu guanli banfa], issued 24 December 09.
\38\ Ibid.
\39\ Qiaojia County People's Government Circular on the Completion
of 2010 Population and Family Planning Work [Qiaojia xian renmin
zhengfu guanyu zuohao 2010 nian renkou yu jihua shengyu gongzuo de
tongzhi], issued 29 January 10.
\40\ Ibid.
\41\ Qianxi County Population and Family Planning Bureau, Circular
Regarding the Launch of Special Rectification Activities for Population
and Family Planning Work [Guanyu kaizhan renkou jisheng gongzuo
zhuanxiang zhengzhi huodong de tongzhi], issued 4 March 10.
\42\ Ibid.
\43\ Puning City People's Government (Online), ``Our City Starts a
Special Operation To Sterilize Women With Two Children'' [Wo shi xianqi
erhai jieza zhuanxiang xingdong], 12 April 10.
\44\ ``Puning Exceeds Conventional Measures To Break Through Family
Planning Difficulties'' [Puning chao changgui cuoshi tupo jisheng
nandian], Southern Rural News (Online), 14 April 10.
\45\ Puning City People's Government (Online), ``Our City Starts a
Special Operation To Sterilize Women With Two Children'' [Wo shi xianqi
erhai jieza zhuanxiang xingdong], 12 April 10.
\46\ ``Puning Exceeds Conventional Measures To Break Through Family
Planning Difficulties'' [Puning chao changgui cuoshi tupo jisheng
nandian], Southern Rural News (Online), 14 April 10.
\47\ A local Chinese journalist from the Southern Rural News
conducted extensive undercover interviews with locals and witnessed
detentions firsthand in four townships in Puning (Hongyang, Daba,
Liaoyuan, and Chiwei). ``Puning Exceeds Conventional Measures To Break
Through Family Planning Difficulties'' [Puning chao changgui cuoshi
tupo jisheng nandian], Southern Rural News (Online), 14 April 10.
\48\ ``Puning Exceeds Conventional Measures To Break Through Family
Planning Difficulties'' [Puning chao changgui cuoshi tupo jisheng
nandian], Southern Rural News (Online), 14 April 10.
\49\ Ibid.
\50\ For examples from Jiangxi, Jiangsu, Anhui, and Gansu
provinces, and the Guangxi Zhuang Autonomous Region (GZAR), see Yongxiu
County People's Government (Online), ``Yongfeng Reclaimed Land Site
Pushes Strongly Ahead With Tubal Ligations of Households With Two
Female Children'' [Yongfeng kenzhi chang zhashi tuijin liangnu hu jieza
gongzuo], 26 April 10 (Jiangxi); Jiangsu Provincial Population and
Family Planning Commission (Online), ``Tongzhou District Convenes All-
District Meeting To Push Forward With Establishing a `15th' Provincial
Population Coordinated Development Advanced District'' [Tongzhou qu
zhaokai quanqu chuangjian ``shiyiwu'' sheng renkou xietiao fazhan
xianjin qu tuijin hui], 21 April 10 (Jiangsu); Huangshan Municipal
People's Government (Online), ``Xiuning County Party Secretary Lu Qun
Raises `Four Demands' for Population and Family Planning Work Across
the County'' [Xiuning xianwei shuji lu qun dui quanxian renkou jisheng
gongzuo tichu ``sidian yaoqiu''], 26 March 10 (Anhui); Huan County
People's Government (Online), ``Huan County Vice-Magistrate Li
Yuanqing's Report to the County Population and Family Planning
Meeting'' [Zhengfu fuxianzhang li yuanqing zai quanxian renkou he jihua
shengyu gongzuo huiyi shang baogao], 3 March 10 (Gansu); Hezhou
Municipal People's Government (Online), ``Vice-Mayor Liu Xueping's
Speech to the All-City Population and Family Planning Work Conference''
[Fu shizhang liu xueping zai quanshi renkou jisheng gongzuo huiyi shang
de jianghua], 24 March 10 (GZAR).
\51\ For examples, see ``Time for Families To Have Two Children
Each,'' China Daily (Online), 1 February 10; Liu Ming, ``Ease One-Child
Policy and Invite Disaster,'' China Daily (Online), 1 February 10;
``Most People Want Two Children, Survey Says,'' China Daily (Online),
27 March 10; Yao Yijiang, ``30 Years of Family Planning, To Change or
Not To Change to a Two Child Policy: At a Historical Juncture,
Undergoing Heated Debate'' [Jihua shengyu 30 nian, bian haishi bubian
ertai zhengce: lishi guankou, zhengzai jibian], Southern Metropolitan
Daily (Online), 17 March 10.
\52\ Zhao Chunzhe, ``Beijing To Loosen Control on One-Child
Policy,'' China Daily (Online), 25 January 10; ``Beijing Municipal
Population and Family Planning Commission: `Preparing To Relax
Conditions for Having a Second Child' Report Strays From the Truth''
[Beijing shi renkou jishengwei: ``yunniang fangkuan shengyu ertai
tiaojian'' baodao shishi], Xinhua, reprinted in Legal Daily (Online),
25 January 10.
\53\ ``Long-Hated One-Child Rule May Be Eased in China,''
Associated Press (Online), 25 April 10.
\54\ ``China To Maintain Low Birth Rate: Vice Premier,'' Xinhua
(Online), 20 January 10; ``Wen Jiabao: Do a Good Job With Population
and Family Planning Work, Continue To Stabilize Low Birth Level'' [Wen
jiabao: zuohao renkou he jihua shengyu gongzuo, jixu wending dishengyu
shuiping], Xinhua, reprinted in National Population and Family Planning
Commission (Online), 5 March 10.
\55\ The UN sets the threshold for classification as an aging
society at 10 percent of the total population. Shan Juan, ``Aging
Seniors Facing Life Without Proper Care,'' China Daily (Online), 30
December 09.
\56\ John Gordon, et al., Domestic Trends in the United States,
China, and Iran: Implications for U.S. Navy Strategic Planning (Santa
Monica, CA: RAND Corporation, 2008), 60.
\57\ Cary Huang, ``Leadership Wakes to Grey Storm of Ageing
Population,'' South China Morning Post (Online), 2 November 09.
\58\ John Gordon, et al., Domestic Trends in the United States,
China, and Iran: Implications for U.S. Navy Strategic Planning (Santa
Monica, CA: RAND Corporation, 2008), 61; U.S. Census Bureau (Online),
``International Data Base--China,'' last visited 31 March 10.
\59\ ``China To Maintain Low Birth Rate: Vice Premier,'' Xinhua
(Online), 20 January 10; ``Wen Jiabao: Do a Good Job With Population
and Family Planning Work, Continue To Stabilize Low Birth Level'' [Wen
jiabao: zuohao renkou he jihua shengyu gongzuo, jixu wending dishengyu
shuiping], Xinhua, reprinted in National Population and Family Planning
Commission (Online), 5 March 10.
\60\ Cary Huang, ``Leadership Wakes to Grey Storm of Ageing
Population,'' South China Morning Post (Online), 2 November 09.
\61\ See Mikhail Lipatov et al., ``Economics, Cultural
Transmission, and the Dynamics of the Sex Ratio at Birth in China,''
Proceedings of the National Academy of Social Sciences of the United
States of America, 9 December 08, vol. 105 (49), 19171. According to
this study, ``The root of the [gender imbalance] problem lies in a
2,500-year-old culture of son preference.'' See also Chu Junhong,
``Prenatal Sex Determination and Sex-Selective Abortion in Rural
Central China,'' 27 Population and Development Review 2 (2001), 259;
Joseph Chamie, ``The Global Abortion Bind: A Woman's Right To Choose
Gives Way to Sex-Selection Abortions and Dangerous Gender Imbalances,''
Yale Global (Online), 29 May 08.
\62\ Chinese Academy of Social Sciences (Online), ``Difficulty
Finding a Wife in 10 Years: 1 Out of Every 5 Men To Be a Bare Branch''
[10 nian zhihou quqi nan, 5 ge nanren zhong jiuyou 1 ge guanggun], 27
January 10.
\63\ ``China To Be Short 24 Million Wives, Study Says,'' Associated
Press (Online), 12 January 10.
\64\ For 2000 PRC census data and information on global norms for
sex ratio at birth, see Barry Naughton, The Chinese Economy:
Transitions and Growth (Cambridge, MA: MIT Press, 2007), 171-172.
According to this study, ``In the 2000 census, the relative number of
boys per 100 girls in the 0-4 age group was 120.8, clearly outside the
normal range.''
\65\ Chinese Academy of Social Sciences (Online), ``Difficulty
Finding a Wife in 10 Years: 1 Out of Every 5 Men To Be a Bare Branch''
[10 nian zhihou quqi nan, 5 ge nanren zhong jiuyou 1 ge guanggun], 27
January 10.
\66\ Human Rights Watch (Online), ``China: For Blind Activist,
Prison Release May Not Mean Freedom,'' 9 September 10; Michael Wines,
``Chinese Advocate Released From Prison, but Confinement Continues,''
New York Times (Online), 9 September 10; William Wan, ``Release of
Chinese Activist Brings Crackdown to His Village,'' Washington Post
(Online), 9 September 10; Chinese Human Rights Defenders (Online),
``Activist Chen Guangcheng Released After Serving Full Sentence,'' 9
September 10; CECC, 2008 Annual Report, 31 October 08, 98; Li Jinsong,
Chinese Human Rights Defenders (Online), ``Chen Guangcheng Sues Li Qun,
Liu Jie, and Other Officials for Trumped Up Charges and Retaliation''
[Chen guangcheng konggao li qun liu jie deng shexian fanyou baofu
xianhai zui zhi, gongmin bao'an konggao han], 5 April 08.
\67\ ``Chen Guangcheng Not in Good Health and Yuan Weijing Beaten,
Hong Kong's China Human Rights Watch Lends Support'' [Chen guangcheng
shenti qianjia ji yuan weijing bei ou, xianggang zhongguo weiquan lushi
guanzhu zu shengyuan], Radio Free Asia (Online), 22 April 09.
\68\ China Human Rights Lawyers Concern Group (Online), ``Blind
`Barefoot Lawyer' Chen Guangcheng's Wife Yuan Weijing's Family
Letter,'' 17 September 09; Chinese Human Rights Defenders (Online),
``Several Activists and Dissidents Languish in Detention Despite
Serious Illnesses,'' 5 November 09.
\69\ Anita Chang, ``Blind Activist Lawyer Set To Be Released in
China,'' Associated Press, reprinted in Google (Online), 8 September
10; William Wan, ``Release of Chinese Activist Brings Crackdown to His
Village,'' Washington Post (Online), 9 September 10.
\70\ William Wan, ``Release of Chinese Activist Brings Crackdown to
His Village,'' Washington Post (Online), 9 September 10.
\71\ Human Rights Watch (Online), ``China: For Blind Activist,
Prison Release May Not Mean Freedom,'' 9 September 10; Michael Wines,
``Chinese Advocate Released From Prison, but Confinement Continues,''
New York Times (Online), 9 September 10.
\72\ ``Profiles of Prominent Chinese Rights Defence Lawyers--Chen
Chuangcheng,'' in A Sword and a Shield, eds. Stacy Mosher and Patrick
Poon (Hong Kong: China Human Rights Lawyers Concern Group, 2009), 14.
\73\ Melinda Liu, ``Barefoot Lawyers,'' Newsweek (Online), 4 March
02; Jerome A. Cohen, ``Breaking Point? The Persecution of `Barefoot
Lawyer' Chen Guangcheng Adds to China's Miserable Record,'' South China
Morning Post (Online), 14 September 10.
\74\ CECC, 2009 Annual Report, 10 October 09, 157; Li Jinsong,
Chinese Human Rights Defenders (Online), ``Chen Guangcheng Sues Li Qun,
Liu Jie, and Other Officials for Trumped Up Charges and Retaliation''
[Chen guangcheng konggao li qun liu jie deng shexian fanyou baofu
xianhai zui zhi, gongmin bao'an konggao han], 5 April 08.
\75\ Philip P. Pan, ``Rural Activist Seized in Beijing,''
Washington Post (Online), 7 September 05; ``Authorities Formally Arrest
Legal Advocate Chen Guangcheng,'' Congressional-Executive Commission on
China (Online), 30 August 06, citing ``Yuan Weijing Receives
Notification From Yinan County Public Security Office of the Formal
Arrest of Chen Guangcheng'' [Yuan weijing shoudao yinan xian gong'an ju
daibu chen guangcheng tongzhishu (tu)], Boxun (Online), 25 June 06.
\76\ ``Authorities Sentence Chen Guangcheng After Taking His
Defense Team Into Custody,'' CECC China Human Rights and Rule of Law
Update, September 2006, 4-5, citing Maureen Fan, ``Chinese Rights
Activist Stands Trial After Police Detain Defense Team,'' Washington
Post (Online), 19 August 06.
\77\ ``Authorities Sentence Chen Guangcheng After Taking His
Defense Team Into Custody,'' CECC China Human Rights and Rule of Law
Update, September 2006, 4-5, citing ``Blind Mob Organizer Sentenced to
Imprisonment,'' Xinhua, reprinted in China Daily (Online), 25 August
06.
\78\ ``Appellate Court Orders Retrial of Chen Guangcheng Case,''
CECC China Human Rights and Rule of Law Update, November 2006, 5,
citing ``Chen Guangcheng Appeals Decision, Zhao Yan Has Misgivings
About Own Appeal'' [Cheng guangcheng bufu panjue tichu shangsu, zhao
yan dui shangsu baoyou gulu], Radio Free Asia (Online), 2 September 06;
``Blind Activist Chen Guangcheng Appeals First Judgment'' [Mangren
weiquan renshi chen guangcheng dui yishen ti shangsu], Voice of America
(Online), 3 September 06.
\79\ ``Appellate Court Orders Retrial of Chen Guangcheng Case,''
CECC China Human Rights and Rule of Law Update, November 2006, 5,
citing ``Chen Guangcheng's Trial Judgment Made Invalid, Sent Back for
Retrial'' [Chen guangcheng an yishen panjue zuofei fahui chongshen],
Radio Free Asia (Online), 31 October 06; ``Appeals Court Overturns
Blind Chinese Activist's Guilty Verdict,'' Radio Free Asia (Online), 31
October 06.
\80\ ``Chen Guangcheng Remains in Prison Following Flawed
Retrial,'' CECC China Human Rights and Rule of Law Update, December
2006, 1-3, citing ``Shandong Court Upholds Jail Sentence for Blind Mob
Organizer,'' Xinhua, reprinted in China.org.cn (Online), 1 December 06.
\81\ ``Chen Guangcheng Remains in Prison Following Flawed
Retrial,'' CECC China Human Rights and Rule of Law Update, December
2006, 1-3.
\82\ ``Final Judgment Affirms Original Sentence in Chen Guangcheng
Case, Lawyers Plans To Apply for Serving Sentence Outside Prison,
Continue Appeals'' [Chen guangcheng an zhongshen weichi yuanpan lushi
ni shenqing jianwaizhixing ji jixu shensu], Radio Free Asia (Online),
12 January 07.
\83\ ``Chen Guangcheng Remains in Prison Following Flawed
Retrial,'' CECC China Human Rights and Rule of Law Update, December
2006, 1-3.
\84\ Chinese Human Rights Defenders (Online), ``Rights Defender
Receives Malreatment in Prison: Examination of Government's
International Commitment Against Torture'' [Weiquan renshi yuzhong shou
nuedai: dui zhengfu fan kuxing guji chengruo de jianyan], 21 June 07;
``Chinese Activist Beaten in Jail,'' BBC (Online), 22 June 07.
\85\ Maureen Fan, ``Wife of Activist Detained at Beijing Airport,
Authorities Forcibly Return Her to Home Village,'' Washington Post
(Online), 25 August 07.
\86\ Ibid.
\87\ See, e.g., ``Reflections on a Visit to Chen Guangcheng's
Family, We Were Beaten Out of the Village,'' Wang Keqin's Blog
(Online), 14 March 09; ``Chen Guangcheng Not in Good Health and Yuan
Weijing Beaten, Hong Kong's China Human Rights Watch Lends Support''
[Chen guangcheng shenti qianjia ji yuan weijing bei ou, xianggang
zhongguo weiquan lushi guanzhu zu shengyuan], Radio Free Asia (Online),
22 April 09; Amnesty International (Online), ``China: Wife of Human
Rights Activist Beaten,'' 20 April 09.
\88\ Political Prisoners in China: Trends and Implications for U.S.
Policy, Hearing of the Congressional-Executive Commission on China, 3
August 10, Testimony of Jerome A. Cohen, Professor, New York University
School of Law; Co-director, U.S.-Asia Law Institute; and Adjunct Senior
Fellow for Asia Studies, Council on Foreign Relations. See also
``Reflections on a Visit to Chen Guangcheng's Family, We Were Beaten
Out of the Village,'' Wang Keqin's Blog (Online), 14 March 09; Amnesty
International (Online), ``China: Wife of Human Rights Activist
Beaten,'' 20 April 09.
Notes to Section II--Freedom of Residence and Movement
\1\ PRC Regulations on Household Registration [Zhonghua renmin
gonheguo hukou dengji tiaoli], issued and effective 9 January 58.
\2\ Kam Wing Chan and Will Buckingham, ``Is China Abolishing the
Hukou System/ '' 195 China Quarterly 582, 587 (2008).
\3\ Universal Declaration of Human Rights, adopted and proclaimed
by UN General Assembly resolution 217A (III) of 10 December 48, arts. 2
and 13(1); International Covenant on Civil and Political Rights,
adopted by UN General Assembly Resolution 2200A (XXI) of 16 December
66, entry into force 23 March 76, arts. 2(1), 12(1), 12(3), and 26.
\4\ ``China Loosens Student Hukou Controls,'' Xinhua, reprinted in
City of Kunming's Web Site, 19 May 10; Tania Branigan, ``Millions of
Chinese Rural Migrants Denied Education for Their Children,'' Guardian
(Online), 15 March 10.
\5\ PRC Compulsory Education Law, enacted 12 April 86, effective 1
July 86, amended 29 June 06, art. 2; State Council Decision Regarding
Grassroots Education Reform and Development [Guowuyuan guanyu jichu
jiaoyu gaige yu fazhan de jueding], issued 29 May 01; Ministry of
Education, Ministry of Public Security, Ministry of Finance, et al.,
Guiding Opinion on Improving Compulsory Education of Migrant Workers'
Children [Guanyu jinyibu zuo hao jincheng wugong jiuye nongmin zinu
yiwu jiaoyu gongzuo de yijian], issued 17 September 03. For more
information on government education policies regarding migrant workers,
see Wu Xinhui and Liu Chengxian, ``A Way Out and Guarantee--State
Policy for the Education of Migrant Workers' Children'' [Chulu yu
baozhang--nongmingong zinu jiaoyu de guojia zhengce], China Youth
Research Net (Online), 28 September 07.
\6\ Tania Branigan, ``Millions of Chinese Rural Migrants Denied
Education for Their Children,'' Guardian (Online), 15 March 10;
``Migrant Children Denied School,'' Radio Free Asia (Online), 2 March
10; Qian Yanfeng, ``Migrant Children Face Education Divide,'' China
Daily (Online), 14 July 10; Ren Zhongxi, ``School Closures Highlight
Migrant Education Issue,'' China.org.cn (Online), 8 March 10.
\7\ Sky Canaves and Sue Feng, ``The Trials of Migrant Schools in
Beijing,'' Wall Street Journal (Online), 5 March 10; Ren Zhongxi,
``School Closures Highlight Migrant Education Issue,'' China.org.cn
(Online), 8 March 10.
\8\ Alice Yan, ``Condemned by Hukou to Education Apartheid,'' South
China Morning Post (Online), 2 July 10.
\9\ Qian Yanfeng, ``Migrant Children Face Education Divide,'' China
Daily (Online), 14 July 10.
\10\ Ibid.
\11\ Alice Yan, ``Condemned by Hukou to Education Apartheid,''
South China Morning Post (Online), 2 July 10; ``Beijing Student Commits
Suicide for Hukou,'' Xinhua (Online), 23 July 10; ``Migrant Children
Face Education Divide,'' China Daily (Online), 14 July 10.
\12\ Alice Yan, ``Condemned by Hukou to Education Aparthied,''
South China Morning Post (Online), 2 July 10; ``Migrant Children Face
Education Divide,'' China Daily (Online), 14 July 10.
\13\ For an article discussing representative hukou legislation,
see Fiona Tam, ``Migrant Workers Get Chance for Urban Residency,''
South China Morning Post (Online), 9 June 10.
\14\ For a review of hukou reforms since 2005, see CECC, 2008
Annual Report, 31 October 08, 103-112; ``Invisible and Heavy
Shackles,'' Economist (Online), 6 May 10.
\15\ ``China's Floating Population Exceeds 210m,'' Xinhua (Online),
27 June 10; Kam Wing Chan and Will Buckingham, ``Is China Abolishing
the Hukou System/ '' 195 China Quarterly 582, 596-599 (2008).
\16\ ``Invisible and Heavy Shackles,'' Economist (Online), 6 May
10.
\17\ Kam Wing Chan and Will Buckingham, ``Is China Abolishing the
Hukou System/ '' 195 China Quarterly 582, 594-596 (2008).
\18\ Ibid., 582, 597.
\19\ ``Invisible and Heavy Shackles,'' Economist (Online), 6 May
10.
\20\ For a review of hukou reforms since 2005, see CECC, 2008
Annual Report, 31 October 08, 103-112.
\21\ Han Changfu, ``Agriculture Minister Han Changfu Discusses
Post-1990s Migrant Workers'' [Nongyebu buzhang han changfu tan
jiushihou nongmingong], People's Daily, reprinted in China Review News
(Online), 1 February 10. Agricultural Minister Han Changfu wrote an
essay in People's Daily calling on the central government to make the
necessary policy and administrative preparations as more migrants
became urban residents; Zhou Yongkang, ``Promote the In-Depth
Resolution of Social Contradictions, Be Innovative in Social
Management, and Enforce the Law Fairly and Honestly, Providing Even
More Powerful Rule-of-Law Support for Both Good and Rapid Economic and
Social Development'' [Shenru tuijin shehui maodun huajie, shehui guanli
chuangxin, gongzheng lianjie zhifa, wei jingji shehui youhao youkua
fazhan tigong gengjia youli de fazhi baozhang], Seeking Truth, No. 4.,
16 February 10, reprinted in Xinhua (Online). Zhou Yongkang, a ranking
member of the Politburo Standing Committee, referenced the need to
accelerate hukou reform and efforts to resolve the challenges facing
migrant workers. ``Premier Wen Jiabao Chats With Online Users'' [Wen
jiabao zongli yu wangyou zaixian jiaoliu], Xinhua (Online), 28 February
10. Premier Wen said that China would advance reforms of the hukou
system for the new generation of migrant workers.
\22\ Development Research Center of the State Council, ``Gradually
Advancing Hukou Reform, Achieving Substantive Equality of Rights''
[Tidu tuijin huji gaige shixian quanli shizhi pingdeng], China Economic
Times, reprinted in People's Daily (Online), 9 June 10.
\23\ ``Invisible and Heavy Shackles,'' Economist (Online), 6 May
10.
\24\ For a detailed account of the joint editorial and
circumstances surrounding its depublication, see ``Joint Editorial
Calling for Hukou Reform Removed From Internet Hours After Publication,
Co-Author Fired,'' CECC China Human Rights and Rule of Law Update, No.
4, 21 April 10, 1-2.
\25\ Guangzhou Development and Reform Commission, Implementing
Opinion Regarding the Advancing of Urban-Rural Hukou System Reforms
[Guanyu tuijin chengxiang huji zhidu gaige de shishi yijian], issued 31
August 09. For a summary of the Guangzhou hukou reform in English, see
``Hukou Reform Experiment Begins in Guangzhou,'' CECC China Human
Rights and Rule of Law Update, No. 5, 4 June 10, 2-3.
\26\ Kam Wing Chan and Will Buckingham, ``Is China Abolishing the
Hukou System/ '' 195 China Quarterly 582, 596-599 (2008).
\27\ ``Invisible and Heavy Shackles,'' Economist (Online), 6 May
10.
\28\ Chongqing Municipal Government, Opinion on Systematically
Reforming Urban-Rural Household Registration [Guanyu tongchou
chengxiang huji zhidu gaigede yijian], issued 25 July 10.
\29\ Ibid., arts. 3, 6(1)-(10).
\30\ Ibid., art. 6(1).
\31\ Wu Hongying and Huang Haiyang, ``Ten Million Migrant Workers
Will Move Into Urban Area in Ten Years, Chongqing Initiates Household
Registration Reform on a Trial Basis'' [Shinian qianwan nongmin
jincheng chongqing shi shui huji gaige], 21st Century Business Herald,
14 July 10.
\32\ For English translation of the editorial, see Chinese Law
Prof Blog (Online), ``The Famous Hukou Editorial,'' 26 March 10, last
visited 21 June 10; ``Joint Editorial Calling for Hukou Reform Removed
From Internet Hours After Publication, Co-Author Fired,'' CECC China
Human Rights and Rule of Law Update, No. 4, 21 April 10, 1-2.
\33\ ``Joint Editorial From 13 Newspapers Urges Speedy Household
Registration Reform'' [Quanguo 13 jia baozhi fabiao gongtong shelun
duncu jiasu huji gaige], Sina Hong Kong (Online), 1 March 10.
\34\ Ibid.
\35\ ``Hukou Editorial Gone From Some Sites,'' China Realtime
Report (Online), 3 March 10; Sharon Lafraniere, ``Editor Is Fired After
Criticizing Chinese Registration System,'' New York Times (Online), 9
March 10. For a detailed account of facts surrounding the joint hukou
editorial, see ``Joint Editorial Calling for Hukou Reform Removed From
Internet Hours After Publication, Co-Author Fired,'' CECC China Human
Rights and Rule of Law Update, No. 4, 21 April 10, 1-2.
\36\ Universal Declaration of Human Rights, adopted and proclaimed
by UN General Assembly resolution 217A (III) of 10 December 48, art.
13; International Covenant on Civil and Political Rights, adopted by UN
General Assembly Resolution 2200A (XXI) of 16 December 66, entry into
force 23 March 76, art. 12.
\37\ PRC Passport Law, enacted 29 April 06, effective 1 January 07,
art. 13(7).
\38\ Universal Declaration of Human Rights, adopted and proclaimed
by UN General Assembly resolution 217A (III) of 10 December 48, arts.
2, 13(1), 13(2); International Covenant on Civil and Political Rights,
adopted by UN General Assembly Resolution 2200A (XXI) of 16 December
66, entry into force 23 March 76, arts. 2(1), 12(1), 12(3), 12(4), and
26.
\39\ CECC, 2009 Annual Report, 10 October 09, 164; Justin McCurry,
``Chinese Dissident Stranded at Tokyo Airport Set To Return Home,''
Guardian (Online), 1 February 10.
\40\ Louisa Lim, ``In Shanghai, Alternatives to the World Expo,''
National Public Radio (Online), 4 May 10; Chinese Human Rights
Defenders (Online), ``China Human Rights Briefing Weekly,'' 31 May 10.
\41\ Charles Hutzler, ``China Bans Poet From Traveling to US
Conference,'' Associated Press (Online), 25 March 10.
\42\ Ibid.
\43\ Philip Gourevitch, ``Liao Yiwu's Persistent Voice,'' New
Yorker (Online), 2 March 10; Steven Erlanger and Jonathan Ansfield,
``Uneasy Engagement: at Book Fair, a Subplot About Chinese Rights,''
New York Times (Online), 18 October 09.
\44\ Steven Erlanger and Jonathan Ansfield, ``Uneasy Engagement: at
Book Fair, a Subplot About Chinese Rights,'' New York Times (Online),
18 October 09.
\45\ Sapa-dpa, ``Chinese Author Put Under House Arrest,'' (South
Africa) Sunday Times Live (Online), 1 March 10; Letter from Liao Yiwu,
to German Chancellor Angela Merkel, translated from Chinese by Human
Rights in China (Online), 5 February 10.
\46\ ``Uyghur Scholar Slams Exit Ban,'' Radio Free Asia (Online),
28 April 10.
\47\ ``Travel Ban for Uyghur Scholar,'' Radio Free Asia (Online),
20 May 10.
\48\ ``Uyghur Scholar Slams Exit Ban,'' Radio Free Asia (Online),
28 April 10; ``Uyghur Barred from Travel,'' Radio Free Asia (Online),
19 April 10.
\49\ ``Travel Ban for Uyghur Scholar,'' Radio Free Asia (Online),
20 May 10.
\50\ Ibid.
\51\ ``Hong Kong Activists Denied Entry to Macao,'' Agence France-
Presse (Online), 19 December 09.
\52\ Ibid.
\53\ Du Yali, ``Leung Kwok-Hung Denied Entry to Macao; Has Returned
to Hong Kong'' [Liang guoxiong bei jurujing aomen yi fandi xiang gang],
Radio Television Hong Kong (Online), 19 December 09.
\54\ ``Macao Bans HK Activists After May Day Rally,'' Reuters
(Online), reprinted in Epoch Times, 13 May 07.
\55\ Chinese Human Rights Defenders (Online), ``Chinese Government
Tightens the Screws Ahead of National Day,'' 1 October 10;
``Restrictions on Dissidents and Human Rights Defenders Have Still Not
Been Lifted as of October 9'' [Yijian renshi yu weiquanzhe 10 yue 9 ri
rengwei jiejin], Radio Free Asia (Online), 9 October 09.
\56\ ``Restrictions on Dissidents and Human Rights Defenders Have
Still Not Been Lifted as of October 9'' [Yijian renshi yu weiquanzhe 10
yue 9 ri rengwei jiejin], Radio Free Asia (Online), 9 October 09.
\57\ Ibid.
\58\ Chinese Human Rights Defenders (Online), ``Chinese Government
Tightens the Screws Ahead of National Day,'' 1 October 10.
\59\ Chinese Human Rights Defenders (Online), ``China Human Rights
Briefing May 25-31,'' 31 May 10.
\60\ Chinese Human Rights Defenders (Online), ``China Human Rights
Briefing May 25-31,'' 31 May 10; ``Tang Jitian Meets With U.S.
Officials To Talk About Human Rights and Religion: Lawyer Li Xiongbing
Not Allowed To Leave Home'' [Tang jitian tan jian meiguanyuan tan
renquan zongjiao li xiongbing lushi bei jinzhi chumen], Radio Free Asia
(Online), 25 May 10.
\61\ Chinese Human Rights Defenders (Online), ``China Human Rights
Briefing May 25-31,'' 31 May 10.
\62\ Ibid.
\63\ Chinese Human Rights Defenders (Online), ``China Human Rights
Briefing June 1-7, 2010,'' 7 June 10.
Notes to Section II--Status of Women
\1\ The 2009-2010 National Human Rights Action Plan states that
women should occupy 50 percent of government leadership positions in
central government ministries, provincial governments, and city
governments. State Council Information Office, National Human Rights
Action Plan of China (2009-2010), Xinhua (Online), 13 April 09, sec.
III(2). The Law on the Protection of Women's Rights and Interests and
the Electoral Law of the National People's Congress and local people's
congresses stipulate that an ``appropriate number'' of female deputies
should serve at all levels of people's congresses. PRC Law on the
Protection of Women's Rights and Interests, enacted 3 April 92,
effective 1 October 92, amended 28 August 05, art. 11; PRC Electoral
Law of the National People's Congress and local people's congresses,
enacted 1 July 79, amended 27 October 04, art. 6.
\2\ 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. 7.
\3\ `` `She' Officials'' [``Ta'' guanyuan], Southern Daily
(Online), 8 March 10.
\4\ Permanent Mission of the People's Republic of China to the UN
(Online), ``Statement by Mme. Meng Xiaosi, Head of Chinese Delegation
to 54th Session of the Commission on the Status of Women, Vice-
Chairperson of the National Working Committee on Women and Children
Under the State Council of China,'' 1 March 10. According to Meng, ``At
present, there are 8 women among the state leaders, 230 ministerial and
vice-ministerial/provincial level women leaders, and 670 mayors and
deputy mayors of the over 600 cities of China. Women account for over
40% of government officials compared with less than 1/3 of 1995.'' See
also `` `She' Officials'' [``Ta'' guanyuan], Southern Daily (Online), 8
March 10. According to this report, of the eight women in Party and
central government leadership positions mentioned by Meng Xiaosi above,
some are in deputy positions. The report also notes that, currently, 3
of the 28 departments under the State Council are headed by women.
\5\ `` `She' Officials'' [``Ta'' guanyuan], Southern Daily
(Online), 8 March 10.
\6\ 2010 data provided by the Inter-Parliamentary Union, however,
now ranks China 53rd out of 186 countries with regard to women's
representation in national parliaments. Inter-Parliamentary Union
(Online), ``Women in Parliaments: World Classification,'' 31 May 10.
\7\ `` `She' Officials'' [``Ta'' guanyuan], Southern Daily
(Online), 8 March 10. The target of 30 percent female representation in
leadership positions was set by the UN Commission on the Status of
Women at its 34th session in 1990. United Nations Publications,
reprinted in Bnet (Online), ``Target: 30 Percent of Leadership
Positions to Women by 1995--United Nations Commission on the Status of
Women,'' June 1990.
\8\ ``Chen Zhili: ACWF Actively Promotes Female Political
Participation'' [Chen zhili biaoshi fulian jiang jiji tuidong funu
canzheng yizheng], China Radio International (Online), 6 March 10.
\9\ Women's Watch-China (Online), Annual Report 2008, 2009, 17.
\10\ Ibid., 18. According to this report, ``[s]ome scholars have
pointed out that village rules and regulations are much more important
than other similar customary laws, mainly because they have greater
force than even national laws in most villages, and are regarded as the
supreme principle in handling the village's daily affairs.''
\11\ Ibid., 20.
\12\ 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. 7; PRC Employment
Promotion Law, enacted 30 August 07, effective 1 January 08, art. 3.
\13\ PRC Labor Law, enacted 5 July 94, effective 1 January 95,
amended 10 October 01, arts. 12, 13. PRC Law on the Protection of
Women's Rights and Interests, enacted 3 April 92, effective 1 October
92, amended 28 August 05, arts. 22-27; PRC Employment Promotion Law,
enacted 30 August 07, effective 1 January 08, art. 3. See also Women's
Watch-China (Online), ``The E-Newsletter 54 of WW-China,'' February
2010, 10. According to this analysis, Chinese laws on employment
discrimination are ``riddled with flaws and loopholes by virtue of
having no enforcement mechanism. Should an employer refuse to recruit a
female applicant, she has little recourse other than to appeal to the
local women's federation. As there is no law in force through which to
file a lawsuit against the prejudice itself, the only option at present
is to file for labor arbitration.''
\14\ ``Survey Reveals Over Ninety Percent of Female College
Students Experience the Trouble of Gender Discrimination in
Employment'' [Diaocha xianshi: yu jiucheng nu daxuesheng jiuye shou
xingbie qishi kunrao], CCTV, reprinted in Xinhua (Online), 16 September
09.
\15\ Women's Watch-China (Online), ``The E-Newsletter 54 of WW-
China,'' February 2010, 10.
\16\ Jia Feishang, ``Male Students Have Edge in Jobs,'' Shanghai
Daily (Online), 3 March 10.
\17\ Women's Studies Institute of China, reprinted in All-China
Women's Federation (Online), ``Gender Tops List of University Graduate
Employment Discriminations,'' 30 July 10. The report does not specify
how many state-operated enterprises, government agencies, or public
institutes were surveyed.
\18\ Shenzhen Hengping Jigou (Online), An Investigative Report on
the Shenzhen Employment Discrimination Situation [Shenzhen jiuye qishe
zhuangkuang diaocha baogao], May 2010, 18.
\19\ Ibid.
\20\ Ibid.
\21\ Currently, retirement ages for male and female government and
Party officials are 60 and 55, respectively, while retirement ages for
male and female workers in general are 60 and 50, respectively.
``China's Compulsory Retirement Age for Males and Females Challenged
for Violating Constitution'' [Woguo nannu tuixiu nianling guiding
beitiqing weixian shencha], China Law Education (Online), 16 March 06.
\22\ Wang Yijun and Cui Li, ``National People's Congress Standing
Committee Enforcement Investigation Reveals Covert Gender
Discrimination Still Exists in Employment'' [Renda changweihui zhifa
jiancha faxian jiuye reng cun yinxing xingbie qishi], China Youth
Daily, reprinted in Xinhua (Online), 24 June 10.
\23\ Ibid. See also ``Centennial of Women's Day,'' China Daily
(Online), 8 March 10. According to this report, women are sometimes
``pushed into early retirement'' and many are ``passed over for
promotion'' as they near retirement age.
\24\ Women's Watch-China (Online), ``Shenzhen Promises To Launch
First Gender Equality Promotion Regulation'' [Shenzhen youwang chutai
shoubu xingbie pingdeng cujin tiaoli], 28 December 09.
\25\ Ibid.
\26\ Liu Minghui, Women's Watch-China (Online), ``The E-Newsletter
53 of WW-China,'' February 2010, 3. See also ``Shenzhen Gender Equality
Regulations Soon To Be Made Public, Men To Enjoy 30 Days Paternity
Leave'' [Shenzhen jiang chutai xingbie pingdeng tiaoli, nanshi kewang
xiang 30 tian yuyingjia], Chongqing Evening Post (Online), 21 January
10.
\27\ See, e.g., Women's Watch-China (Online), ``Shenzhen Promises
to Launch First Gender Equality Promotion Regulation'' [Shenzhen
youwang chutai shoubu xingbie pingdeng cujin tiaoli], 28 December 09;
``Shenzhen Gender Equality Regulations Soon To Be Made Public, Men To
Enjoy 30 Days Paternity Leave'' [Shenzhen jiang chutai xingbie pingdeng
tiaoli, nanshi kewang xiang 30 tian yuyingjia], Chongqing Evening Post
(Online), 21 January 10; Liu Minghui, Women's Watch-China (Online),
``The E-Newsletter 53 of WW-China,'' February 2010, 3.
\28\ He Huifeng, ``Draft Sex Equality Law Proposes Leave for
Dads,'' South China Morning Post (Online), 22 January 10.
\29\ Liu Minghui, Women's Watch-China (Online), ``The E-Newsletter
53 of WW-China,'' February 2010, 4. According to this report, in the
draft Shenzhen Regulation, ``direct gender discrimination is defined as
any gender-based exclusion or restriction with the result and purpose
to damage or impede a citizen to enjoy or exercise their political,
economic, social, cultural, civil or any other rights and freedoms on
the basis of gender equality. Indirect gender discrimination is defined
as a considerable degree of more adverse impacts on a particular gender
though there is no difference in treatment based on gender, marital
status, pregnancy and childbirth.''
\30\ He Huifeng, ``Draft Sex Equality Law Proposes Leave for
Dads,'' South China Morning Post (Online), 22 January 10.
\31\ Liu Minghui, Women's Watch-China (Online), ``The E-Newsletter
53 of WW-China,'' February 2010, 9.
\32\ ``Shenzhen Gender Equality Regulations Soon To Be Made Public,
Men To Enjoy 30 Days Paternity Leave'' [Shenzhen jiang chutai xingbie
pingdeng tiaoli, nanshi kewang xiang 30 tian yuyingjia], Chongqing
Evening Post (Online), 21 January 10.
\33\ Liu Minghui, Women's Watch-China (Online), ``The E-Newsletter
53 of WW-China,'' February 10, 10.
\34\ Ibid., 14-15.
\35\ Ibid., 10.
\36\ He Huifeng, ``Draft Sex Equality Law Proposes Leave for
Dads,'' South China Morning Post (Online), 22 January 10.
\37\ ``Shenzhen Gender Equality Regulations Soon To Be Made Public,
Men To Enjoy 30 Days Paternity Leave'' [Shenzhen jiang chutai xingbie
pingdeng tiaoli, nanshi kewang xiang 30 tian yuyingjia], Chongqing
Evening Post (Online), 21 January 10.
\38\ PRC Law on the Protection of Women's Rights and Interests,
enacted 3 April 92, effective 1 October 92, amended 28 August 05, art.
46; PRC Marriage Law, enacted 10 September 80, effective 1 January 81,
amended 28 April 01, art. 3.
\39\ 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, arts. 234, 236, 260.
\40\ ``Domestic Violence Occurs in Nearly 30 Percent of Chinese
Families, Experts Call for Legislation To Protect Victims'' [Zhongguo
jin 30% de jiating cunzai jiating baoli, zhuanjia huyu wei fan jiabao
lifa], People's Daily (Online), 27 November 09.
\41\ PRC Law on the Protection of Women's Rights and Interests,
enacted 3 April 92, effective 1 October 92, amended 28 August 05, art.
46; PRC Marriage Law, enacted 10 September 80, effective 1 January 81,
amended 28 April 01, art. 3. For Chinese scholars' discussion of the
shortcomings of current national-level legislation, see ``All-China
Women's Federation Strongly Promotes Anti-Domestic Violence Law''
[Quanguo fulian litui fan jiating baoli fa], People's Representative
News (Online), 31 December 09; Women's Watch-China (Online), ``Proposal
for Law on Prevention and Curbing of Domestic Violence Comes Out''
[Yufang he zhizhi jiating baoli fa jianyi gao chulu], 28 November 09;
``China Scholars Call for Attention on `Anti-Domestic Violence'
Legislation'' [Zhongguo xuezhe huyu guanzhu ``fan jiating baoli''
lifa], Radio Free Asia (Online), 13 January 10. See also ``All-China
Women's Federation Proposes, Highlights Need for Draft Anti-Domestic
Violence Legislation,'' CECC China Human Rights and Rule of Law Update,
No. 2, 5 February 10, 3.
\42\ ``All-China Women's Federation Proposes, Highlights Need for
Draft Anti-Domestic Violence Legislation,'' CECC China Human Rights and
Rule of Law Update, No. 2, 5 February 10, 3; ``Domestic Violence Occurs
in Nearly 30 Percent of Chinese Families, Experts Call for Legislation
To Protect Victims'' [Zhongguo jin 30% de jiating cunzai jiating baoli,
zhuanjia huyu wei fan jiating baoli fa], People's Daily (Online), 27
November 09; ``Experts Discuss Anti-Domestic Violence Legislation:
`Cohabitants Who Encounter Domestic Violence' Can Also Apply for
Protection Orders'' [Zhuanjia tan fan jiabao lifa: tongju zao
``jiabao'' ye ke shenqing baohuling], People's Daily (Online), 12
January 10.
\43\ Women's Watch-China (Online), ``Proposal for Law on Prevention
and Curbing of Domestic Violence Comes Out'' [Yufang he zhizhi jiating
baoli fa jianyi gao chulu], 28 November 09.
\44\ ``Current Situation and Characteristics of China Anti-Domestic
Violence Legislation'' [Zhongguo fan jiating baoli lifa de xianzhuang
yu tedian], People's Daily (Online), 26 November 09.
\45\ 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. 11.
\46\ PRC Law on the Protection of Women's Rights and Interests,
enacted 3 April 92, effective 1 October 92, amended 28 August 05, arts.
40, 58.
\47\ Ibid. For discussion on the shortcomings of the LPWRI in
addressing sexual harassment, see Women's Watch-China (Online), Annual
Report 2008, 2009, 30.
\48\ Women's Watch-China (Online), Annual Report 2008, 2009, 30.
\49\ ``Defending Rights of Women Who Face Workplace Sexual
Harassment Difficult, Related Regulations Have a Ways To Go'' [Zhichang
nuxing yu xing saorao hou weiquan kunnan xiangguan guiding dai
wanshan], Legal Daily, reprinted in Xinhua (Online), 11 May 10.
\50\ CECC Staff Interview. See also ``Defending Rights of Women Who
Face Workplace Sexual Harassment Difficult; Related Regulations Have a
Ways To Go'' [Zhichang nuxing yu xing saorao hou weiquan kunnan
xiangguan guiding dai wanshan], Legal Daily, reprinted in Xinhua
(Online), 11 May 10. According to this report, women who encounter
sexual harassment typically do not report offenses due to worries that
it might harm their own reputation, have a negative impact on their
families, or even cause them to lose their jobs.
\51\ Women's Watch-China (Online), ``The E-Newsletter 52 of WW-
China,'' December 2009, 3, 10.
\52\ China Labour Bulletin (Online), ``Trade Union Recommended
Sacking Sexual Harassment Victim,'' 22 December 09.
\53\ CECC Staff Interview.
\54\ Maple Women's Psychological Counseling Center Beijing
(Online), `` `Law on Prevention of Sexual Harassment in the Workplace,'
Submitted to the National People's Congress (Draft Proposal)'' [Xiang
quanguo renda tijiao ``gongzuo changsuo xingsaorao fangzhifa'' (jianyi
gao) yi an], 17 March 09.
\55\ China Best Practices--Infanticide, What if the Infant Is Still
Alive After Induced Labor? Hearing of the Tom Lantos Human Rights
Commission, U.S. House of Representatives, 10 November 09, Report
Submitted by ChinaAid and Women's Rights Without Frontiers; China's
One-Child Policy, Hearing of the Tom Lantos Human Rights Commission,
U.S. House of Representatives, 10 November 09, Testimony of Reggie
Littlejohn, President, Women's Rights Without Frontiers.
\56\ SOS Children's Villages, Canada (Online), ``Chinese Child
Traffickers Detained,'' 29 March 10. According to this report, ``The
combination of these factors [China's one child policy and a
traditional preference for male heirs] has meant that China suffers
high rates of female infanticide, sex-selective abortion, as well as
widespread abandonment and human trafficking of the girl-child.''
\57\ United Nations Development Programme (Online), Power, Voice
and Rights: A Turning Point for Gender Equality in Asia and the
Pacific, 8 March 10.
\58\ According to statistics quoted in the report, China is
``missing'' 42.6 million women, 44 percent of Asia's 96.2 million
``missing'' women. United Nations Development Programme (Online),
Power, Voice and Rights: A Turning Point for Gender Equality in Asia
and the Pacific, 8 March 10, 34.
\59\ See Mikhail Lipatov, Shuzhuo Li, and Marcus W. Feldman,
``Economics, Cultural Transmission, and the Dynamics of the Sex Ratio
at Birth in China,'' 105 (49) Proceedings of the National Academy of
Social Sciences of the United States of America, 19171 (2003).
According to this study, ``The root of the [sex ratio] problem lies in
a 2,500-year-old culture of son preference.'' See also Chu Junhong,
``Prenatal Sex Determination and Sex-Selective Abortion in Rural
Central China,'' 27 Population and Development Review 259 (2001);
Joseph Chamie, ``The Global Abortion Bind: A Woman's Right To Choose
Gives Way to Sex-Selection Abortions and Dangerous Gender Imbalances,''
Yale Global (Online), 29 May 08.
\60\ State Commission for Population and Family Planning, Ministry
of Health, State Food and Drug Administration, Regulations Regarding
the Prohibition of Non-Medically Necessary Gender Determination
Examinations and Sex-Selective Termination of Pregnancy [Guanyu jinzhi
fei yixue xuyao de tai'er xingbie jianding he xuanze xingbie de rengong
zhongzhi renshen de guiding], issued 29 November 02, effective 1
January 03. For a discussion of these regulations, see ``China Bans
Sex-Selection Abortion,'' Xinhua, reprinted in China Net (Online), 22
March 03.
\61\ ``Experts: Gender Discrimination Creates China's Sex Ratio
Imbalance,'' Xinhua (Online), 3 April 10.
\62\ Chinese Academy of Social Sciences (Online), ``Difficulty
Finding a Wife in 10 Years: 1 Out of Every 5 Men To Be a Bare Branch''
[10 nian zhihou quqi nan, 5 ge nanren zhong jiuyou 1 ge guanggun], 27
January 10.
\63\ ``China To Be Short 24 Million Wives, Study Says,'' Associated
Press (Online), 12 January 10.
\64\ For China's 2000 census data and information on global norms
for sex ratio at birth, see Barry Naughton, The Chinese Economy:
Transitions and Growth (Cambridge, MA: MIT Press, 2007), 171-172.
\65\ Chinese Academy of Social Sciences (Online), ``Difficulty
Finding a Wife in 10 Years: 1 Out of Every 5 Men To Be a Bare Branch''
[10 nian zhihou quqi nan, 5 ge nanren zhong jiuyou 1 ge guanggun], 27
January 10.
\66\ Wei Xing Zhu, Li Lu, and Therese Hesketh, ``China's Excess
Males, Sex Selective Abortion and One Child Policy: Analysis of Data
From 2005 National Intercensus Survey,'' British Medical Journal
(Online), 9 April 09, 4-5.
\67\ SOS Children's Villages, Canada (Online), ``Chinese Child
Traffickers Detained,'' 28 March 10.
\68\ Susan W. Tiefenbrun and Christie J. Edwards, ``Gendercide and
the Cultural Context of Sex Trafficking in China,'' 32 Fordham
International Law Journal 731, 752 (2009); 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.
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