11.03.2008 - Source: US Department of State

Enforcement of birth limitation policies varied significantly from place to place ("Country Report on Human Rights Practices 2007") [ID 22845]

"The government restricted the rights of parents to choose the number of children they will have and the period of time between births. While the national family planning authorities made some progress on maternal health issues and in emphasizing quality of care in family planning practices, the country's birth limitation policies retain harshly coercive elements in law and practice. The penalties for violating the law are strict, leaving some women little choice but to abort pregnancies.
The law standardizes the implementation of the government's birth limitation policies; however, enforcement varied significantly from place to place. The law grants married couples the right to have one birth and allows eligible couples to apply for permission to have a second child if they meet conditions stipulated in local and provincial regulations. The law requires couples that have an unapproved child to pay a "social compensation fee," which sometimes reached 10 times a person's annual disposable income, and grants preferential treatment to couples who abide by the birth limits. Although the law states that officials should not violate citizens' rights, these rights, as well as penalties for violating them, are not clearly defined. The law provides significant and detailed sanctions for officials who help persons evade the birth limitations.
Social compensation fees are set and assessed at the local level. The law requires family planning officials to obtain court approval before taking "forcible" action, such as detaining family members or confiscating and destroying property of families who refuse to pay social compensation fees. However, in practice this requirement was not always followed."

Document(s): Open document

11.03.2008 - Source: US Department of State

The one-child limit was more strictly applied in the cities ("Country Report on Human Rights Practices 2007") [ID 22846]

"The one-child limit was more strictly applied in the cities, where only couples meeting certain conditions (e.g., both parents are only children) were permitted to have a second child. In most rural areas (including towns of under 200,000 persons), which included approximately 60 percent of the country's population, the policy was more relaxed, generally allowing couples to have a second child if the first was a girl or had a disability.
All provinces have regulations implementing the national family planning law. For example, Anhui Province's law permits 13 categories of couples, including coal miners, some remarried divorcees, and some farm couples, to have a second child. Ethnic minorities, such as the Uighurs and the Tibetans, are also allowed more than one child. Several provinces--Anhui, Hebei, Heilongjiang, Hubei, Hunan, Jilin, Liaoning, and Ningxia--require "termination of pregnancy" if the pregnancy violates provincial family planning regulations. An additional 10 provinces--Fujian, Guizhou, Guangdong, Gansu, Jiangxi, Qinghai, Sichuan, Shanxi, Shaanxi, and Yunnan--require unspecified "remedial measures" to deal with out-of-plan pregnancies."

Document(s): Open document

11.03.2008 - Source: US Department of State

Population control policy relied on coercive measures such as the threat of job loss or demotion and social compensation fees ("Country Report on Human Rights Practices 2007") [ID 22847]

"In order to delay childbearing, the law sets the minimum marriage age for women at 20 years and for men at 22 years. It continued to be illegal in almost all provinces for a single woman to have a child. Social compensation fees were levied on unwed mothers.
The country's population control policy relied on education, propaganda, and economic incentives, as well as on more coercive measures such as the threat of job loss or demotion and social compensation fees. Psychological and economic pressures were common. Those who violated the child limit policy by having an unapproved child or helping another to do so faced disciplinary measures such as job loss or demotion, loss of promotion opportunity, expulsion from the party (membership in which was an unofficial requirement for certain jobs), and other administrative punishments, including in some cases the destruction of property. In the case of families that already had two children, one parent was often pressured to undergo sterilization. The penalties sometimes left women with little practical choice but to undergo abortion or sterilization.
The law states that family planning bureaus will conduct pregnancy tests on married women and provide them with unspecified "follow-up" services. Some provinces fine women who do not undergo periodic pregnancy tests. For example, in Hebei fines range from $28 to $70 (RMB 200 to 500) and in Henan from $7 to $70 (RMB 50 to 500)."

Document(s): Open document

11.03.2008 - Source: US Department of State

Guangxi Province: Authorities forced dozens of pregnant women to undergo abortions ("Country Report on Human Rights Practices 2007") [ID 22848]

"Officials at all levels remained subject to rewards or penalties based on meeting the population goals set by their administrative region. Promotions for local officials depended in part on meeting population targets. There continued to be sporadic reports of violations of citizens' rights by local officials attempting to reduce the number of births in their region. The most egregious reports of mass violations occurred in April and May in Guangxi Province, where authorities forced dozens of pregnant women to undergo abortions at a hospital in Baise City, some as late as nine months. In a separate incident in Guangxi, thousands of residents of nine towns in Bobai and Rong counties protested illegal family planning measures, which included forced abortions and sterilizations, by attacking government workers and looting family planning offices. The protesters claimed that thousands of homes had been ransacked by local officials, who also levied excessive fines to punish households with unauthorized pregnancies. Media reports stated that villagers were fined up to $9,800 (RMB 70,000), whereas villagers reported that fines normally do not exceed $700 (RMB 5,000). National authorities issued a statement instructing the local government to resolve the matter lawfully, protect citizens' legitimate rights, and train staff according to the law, including quality of service. National authorities stated that they would investigate reports of coercion and sanction violators, although by year's end no Guangxi officials had been punished."

Document(s): Open document

10.10.2007 - Source: Congressional-Executive Commission on China

During the past five years, the government has maintained population planning policies that violate international human rights standards ("Annual Report 2007") [ID 21406]

See pages 108-111 in the report for further details

"During the past five years, the Chinese government has maintained population planning policies that violate international human rights standards. As this Commission noted in 2006, ``The Chinese government strictly controls the reproductive lives of Chinese women. Since the early 1980s, the government's population planning policy has limited most women in urban areas to bearing one child, while permitting many women in rural China to bear a second child if their first child is female. Officials have coerced compliance with the policy through a system marked by pervasive propaganda, mandatory monitoring of women's reproductive cycles, mandatory contraception, mandatory birth permits, coercive fines for failure to comply, and, in some cases, forced sterilization and abortion. The Chinese government's population planning laws and regulations contravene international human rights standards by limiting the number of children that women may bear, by coercing compliance with population targets through heavy fines, and by discriminating against `out-of-plan' children.''"

Document(s): Open document

26.06.2007 - Source: Immigration and Refugee Board of Canada

Query response on the treatment of "illegal," or "black," children born outside the one child family planning policy; whether unregistered children are denied access to education, health care and other social services ("Treatment of "illegal," or "black," children born outside the one-child family planning policy; whether unregistered children are denied access to education, health care and other social services (2003 - 2007) [CHN102496.E]") [ID 21964]

Document(s): Open document

06.2007 - Source: Freedom House

Population control policy remains in place ("Freedom in the World 2007") [ID 20409]

"China’s population control policy remains in place. Couples may have no more than one child, although there are a number of exceptions, and the policy is less stringently enforced in rural areas. The Population and Family Planning Law requires couples who have unapproved children to pay extra fees, and gives preferential treatment to couples who abide by birth limits. Compulsory abortion or sterilization by local officials enforcing family-planning regulations still occurs, but is illegal and far less common than in the past."

Document(s): Open document

10.05.2007 - Source: Immigration and Refugee Board of Canada

Query response whether forced abortions or sterilisations are still occurring; prevalence and location of forced abortions or sterilisations; reports of forced sterilisation of men ("Whether forced abortions or sterilizations are still occuring; prevalence and location of forced abortions or sterilizations; reports of forced sterilization of men (2005 - 2007) [ CHN102495.E]") [ID 21969]

Document(s): Open document

06.03.2007 - Source: US Department of State

Birth planning policies retain harshly coercive elements in law and practice ("Country Report on Human Rights Practices 2006") [ID 19170]

"The country's birth planning policies retained harshly coercive elements in law and practice. The laws restrict the rights of families to choose the number of children they have and the period of time between births. The penalties for violating the law are strict, leaving some women little choice but to abort pregnancies. In addition, implementation of the policy by local officials resulted in serious violations of human rights. Reports of forced sterilizations and abortions, in violation of the national law, continued to be documented in rural areas. During the year officials in Chongqing municipality and in Fujian Province reportedly forcibly sterilized women. In June Western media reported that a woman fell to her death while fleeing Anhui authorities who were trying to force her to abort twins.[...]

The country's population control policy relied on education, propaganda, and economic incentives, as well as on more coercive measures such as the threat of job loss or demotion and social compensation fees. Psychological and economic pressures were common. According to provincial regulations, the fees ranged from one-half to 10 times the average worker's annual disposable income. Those who violated the child limit policy by having an unapproved child or helping another to do so faced disciplinary measures such as job loss or demotion, loss of promotion opportunity, expulsion from the party (membership in which was an unofficial requirement for certain jobs), and other administrative punishments, including in some cases the destruction of property. In the case of families that already had two children, one parent was often pressured to undergo sterilization. These penalties sometimes left women with little practical choice but to undergo abortion or sterilization. There were several rewards for couples who adhered to birth limitation laws and policies, including monthly stipends and preferential medical and educational benefits. The National Population and Family Planning Commission (NPFPC) expanded a number of programs to encourage smaller families. For example, new pension benefits were made available nationwide for those who adhered to birth limitation laws.[...]

According to law, citizens may sue officials who exceed their authority in implementing birth-planning policy. However, local officials retaliated with impunity against whistleblower Chen Guangcheng for his work in exposing the Linyi family planning abuses. In August Chen was sentenced to four years' and three months' imprisonment on dubious charges of obstructing traffic and damaging public property (see section 1.e.).

Laws and regulations forbid the termination of pregnancies based on the sex of the fetus, but because of the intersection of birth limitations with the traditional preference for male children, particularly in rural areas, many families used ultrasound technology to identify female fetuses and terminate these pregnancies (see section 5). The male-female birth ratio for first births was 118.58 to 100 (compared with norms of between 103 and 107 to 100), and in some parts of the country, the ratio was even more skewed. For second births, the national ratio was 152 to 100. While the NPFPC continued to deny a direct connection between family planning and skewed sex ratios at birth, it promoted expanded programs to raise awareness of the sex ratio imbalance and to improve protection of the rights of girls."

Document(s): Open document

20.09.2006 - Source: Congressional-Executive Commission on China

Population planning ("Annual Report 2006") [ID 17392]

see report for further details - Chapter V(h)

"• The Chinese government strictly controls the reproductive lives of Chinese women. Since the early 1980s, the government’s population planning policy has limited most women in urban areas to bearing one child, while permitting many women in rural China to bear a second child if their first child is female. Officials have coerced compliance with the policy through a system marked by pervasive propaganda, mandatory monitoring of women’s reproductive cycles, mandatory contraception, mandatory birth permits, coercive fines for failure to comply, and, in some cases, forced sterilization and abortion.

• The Chinese government’s population planning laws and regulations contravene international human rights standards by limiting the number of children that women may bear, by coercing compliance with population targets through heavy fines, and by discriminating against ‘‘out-of-plan’’ children. Local officials have violated Chinese law by punishing citizens, such as legal advocate Chen Guangcheng, who have drawn attention to population planning abuses by government officials."

Document(s): Open document

14.10.2005 - Source: Amnesty International

Linyi: Human rights defender and lawyer, who was helping villagers in Shandong to take legal action against local authorities has been under house arrest since 7 September; he is considers to have been arbitrarily detained and is believed to be at risk of torture and ill-treatment ("China - UA 271/05") [#37880], [ID 4033]

Document(s): Open document
Open document

11.10.2005 - Source: Congressional-Executive Commission on China

Government continues population control policy ("Annual Report 2005") [#37506], [ID 4034]

see report for further details - chapter III(i)

"The Chinese government continues its population control policy, which is scheduled to continue through the mid-21st century. Coercive fines are the main enforcement mechanism, although reports of local officials using physical coercion to ensure compliance continue, even though this practice violates Chinese law.
The severe gender imbalance resulting from the population control policy has grown worse over the past two decades. The Chinese government has established a commission to draft legislation to criminalize sex-selective abortion."

Document(s): Open document

05.10.2005 - Source: BBC News

Activist who raised concerns about forced abortion and sterilisation in Shandong province, beaten up by group of men; he has been under house arrest since August, when he accused officials in Linyi of breaking family planning laws ("China abortion activist 'beaten'") [#37315], [ID 4035]

Document(s): Open document

21.09.2005 - Source: Amnesty International

Mao Hengfeng released on completion of her 18-month term of "Re-education through labour"; she was reportedly harassed and beaten ("People`s Republic of China - Further Information on UA 280/04") [#37162], [ID 4036]

Document(s): Open document
Open document

20.09.2005 - Source: BBC News

Several health workers reportedly arrested or sacked over claims of forced abortions or sterilisations ("China 'acts on forced abortions'") [#36830], [ID 4037]

Document(s): Open document

08.09.2005 - Source: Guardian

Blind Chinese activist on hunger strike after he was arrested for trying to launch lawsuit against forced abortions ("Activist on hunger strike in jail") [#36355], [ID 4038]

Document(s): Open document

04.2005 - Source: UK Home Office

Country Report April 2005 - Family Planning ("one child policy") ("Country Report - April 2005") [#31975], [ID 4039]

"Family Planning (“one child policy”)

6.332 Article 25 of State Constitution (adopted 4 December 1982) stated, “The State promotes family planning so that population growth may fit the plans for economic and social development.” Article 49 states, “Both husband and wife have the duty to practise family planning.” [1a] (p 108-214)
[...]

6.334 According to Henry Wu from the NGO the Laogai Research Foundation speaking on 27 July 2004:

“Under China’s family-planning policy each couple may have only one child; in rural areas a couple may have a second child if the first child happens to be a girl; a national minority couple may have two children. All births must be approved in advance, with the state allotting birth quotas in a unified way; children in all areas of the nation should be borne by the quotas allotted for the given year; offenders shall be punished.” This Chinese version of family planning — thoroughly manipulated by the state — deprives Chinese citizens of fundamental rights.”


Population and Family Planning Law (2002)

6.335 As reported by the Canadian IRB on 17 September 2003, the new Population and Family Planning Law was enacted on 1 September 2002. As noted by the IRB, “The new law stipulates the legal rights of people and states that the government should create conditions for the people and provide them with suitable, safe and effective family planning services. The government should encourage and reward those people who carry out family planning according to policy.” [3z]

6.336 Article 2 of the Act stated,

“China being a populous country, family planning is a fundamental State policy. The State adopts a comprehensive measure to control the size and raise the general quality of the population. The State relies on publicity and education, advances in science and technology, multi-purpose services and the establishment and improvement of reward and social security systems in carrying out the population and family planning programs.” [5bh] (p 5-6)

6.337 Article 7 states, "Public organizations such as Trade Unions, Communist Youth Leagues, Women’s Federations, and Family Planning Associations, as well as enterprises, institutions, and individual citizens shall assist the people’s governments in carrying out the population and family planning programs." Article 8 states, “The States gives rewards to organizations and individuals that have scored outstanding achievements in population programs and family planning.” [5bh] (p 10)

6.338 As reported by the Guardian newspaper in their week long special report on China (9-12 November 2004), “Citizens who pledge to reproduce just once are rewarded with a Certificate of Honour for Single-Child Parents, and a lump sum at retirement.” The report also stated that any couple wanting two children must file an application (supported by the appropriate documentation) with the people’s government in their area. [16ba]

[...]

6.342 As reported by the Canadian IRB on 13 January 2003, opinion is divided over what constitutes coercion, ‘The United States Department of State’s 29 May 2002 “Report of the China UN Population Fund (UNFPA) Independent Assessment Team” maintains that charging couples who have “out of plan” births with a “social compensation fee,” which is often double or triple the couple’s annual salary, amounts to coercion.’ [3r]

6.343 According to the IRB, “Ann Noonan, policy director of the Laogai Research Foundation, states that for officials to meet strict population quotas, poor women in rural regions of China will suffer forced sterilizations and abortions (National Review 16 August 2001).” [3r]

6.344 The finding of the US State Department’s May 2002 “Report of the China UN Population Fund (UNFPA) Independent Assessment Team” are as follows:

“First Finding – We find no evidence that UNFPA has knowingly supported or participated in the management of a program of coercive abortion or involuntary sterilization in the PRC.
First Recommendation - We therefore recommend that not more than $34 million which has already been appropriated be released to UNFPA.

Second Finding – We find that notwithstanding some relaxation in the 32 counties in which UNFPA is involved the population programs of the PRC retain coercive elements in law and in practice.
Second Recommendation – We therefore recommend that unless and until all forms of coercion in the PRC law and in practice are eliminated, no U.S. Government funds be allocated for population programs in the PRC.

Third Finding – We find that with a population of 1.3 billion, PRC leaders view population control as a high priority and remain nervous as they face many imponderables concerning population growth and socioeconomic change. Decisions made now and in the future by the PRC could have unintended consequences. Moreover, PRC population matters affect major U.S. policy concerns and will continue to do so for the foreseeable future.
Third Recommendation – We therefore recommend that appropriate resources be allocated to monitor and evaluate PRC population control programs.” [2k] (p 1)

6.345 In testimony before the US House of Representatives on 14 December 2004, Assistant Secretary Arthur E. Dewey (Bureau of Population, Refugees and Migration) stated,

“The law specifies a number of birth limitation measures by the government that amount to coercion. Party members and civil servants who parent an "out-of-plan" child are very likely to face administrative sanction, including job loss or demotion. Couples who give birth to an unapproved child are likely to be assessed a social compensation fee, which can range from one-half the local average annual household income to as much as ten times that level.” [2h] (p 5)

6.346 Mr Dewey also stated:

“In our two years of negotiations, we have seen encouraging movement in China's approach to population issues, and the reduction of coercion in birth planning programs. For example, provincial legislation in 25 of China's 31 provinces, municipalities, and autonomous regions, has been amended to eliminate the requirement that married couples must obtain government permission ("birth permits") before the woman becomes pregnant. This may prove to be an important change. Without birth permits there may be no effective overall mechanism for systematically enforcing birth targets and quotas in each county. We hope that the elimination of this repressive mechanism of control and interference in family life will be extended throughout all of China, and, as I have said, we will be monitoring this issue very closely.” [2h] (p 3)

6.347 In conclusion Mr Dewey said:

“Forced sterilizations continue to occur, most frequently when couples have more children than the allowable number. Women may be allowed to carry the "excess" child to term, but then one member of a couple is strongly pressured to be sterilized. In some cases, they may be asked to go to a hospital under other pretenses, or sterilized without consent. Additionally, if doctors find that a couple is at risk of transmitting disabling congenital defects to their children, the couple may marry only if they agree to use birth control or undergo sterilization.” [2h] (p 6)

6.348 On 20 September 2004, the Asian news site Muzi News reported, “A court in China’s southern boomtown of Shenshen has fined a couple 780,000 yuan ($94,250) and sealed off their house for having more than one child, the Beijing Morning Post said on Monday.” [15aj]

6.349 As reported by AI on 6 January 20005, “Mao Hengfeng, a mother of two, was forced to have an abortion and dismissed from her job when she became pregnant for a third time 15 years ago, in contravention of China’s family-planning policies… In April 2004 Mao Hengfeng was sent to 18 months' "re-education through labour" because of her persistence in petitioning the authorities.” [6o]

6.350 On 27 February 2005, The Sunday Times reported that women in Southern China were increasingly using fertility drugs to bypass family planning regulations – these drugs make multiple births more likely. [16cc]"

Document(s): Open document

04.2005 - Source: UK Home Office

Country Report April 2005 - Black Children (hei haizi) ("Country Report - April 2005") [#31975], [ID 4040]

"Black Children (hei haizi)

6.365 As noted by TIME Pacific on 29 January 2001, children born contrary to the “one-child policy” are called “black children” (hei haizi). Officially they do not exist and therefore do not qualify for government assistance. According to the report officials can usually be “persuaded” to add or issue them a hukou (household registration document), but a bribe is often required to facilitate this. [15da] (See also Section 6.A/Household Registry – hukou)

6.366 As reported by the Washington Post on 29 May 2001, “Strict limits on births have forced millions of parents to hide unapproved children, resulting in what Chinese call a “black population” of as many as 6 million unregistered children. Many of these children are believed to be girls.” [10ab]

6.367 According to a report by Asian Sex Gazette dated 16 December 2004, “Because of the stiff financial penalties for second children, many couples have unregistered babies. There may be as many as a 100 million of these "illegal children”. [15gc]"

Document(s): Open document

04.2005 - Source: UK Home Office

Country Report April 2005 - Unmarried Women ("Country Report - April 2005") [#31975], [ID 4042]

"Unmarried Mothers

6.360 As reported by the USSD Report 2004:

“In order to delay childbearing, the Marriage Law sets the minimum marriage age for women at 20 years and for men at 22 years. It continued to be illegal in almost all provinces for a single woman to bear a child, and social compensation fees have been levied on unwed mothers. The Government stated that the practice of levying social compensation fees for "pre-marriage" births was abolished on an experimental basis in some counties during the year and was relaxed in cases where couples promptly registered their marriages. In 2002, Jilin Province passed a law making it legal, within the limits of the birth limitation law, for an unmarried woman who "intends to remain single for life" to have a child. [2j] (Section 1 f.)

6.361 As reported by the Canadian IRB in a report dated 2 November 2001, “Unwed, pregnant women who do not want an abortion, but instead decide to have the baby might be able to pay the local government officials or the medical doctor to "look the other way" and allow the pregnancy to be carried to term.” [3f]

6.362 The report also stated:

“According to a professor of Sociology at Brown University whose area of research includes China's one-child policy, each local region in China is subject to birth quotas (31 Oct. 2001). As unmarried women are ineligible for the quota, the professor felt that, if such a woman were to become pregnant then an abortion would most probably be encouraged. The professor also noted that, as in many cultures, there is some shame involved in pregnancies outside of marriage and that because of the economic difficulties of raising a child alone, many women would seek an abortion as a matter of choice.” [3f]

6.363 As report by the Shanghai Star newspaper in a report reproduced on China’s official gateway to news and information (china.org) on 30 October 2002, about 80% of the abortions carried out in Shanghai hospitals involve unmarried women between the ages of 19 to 30. The report also stated, “The middle-sized public hospital deals with about 600 abortion cases every month, half take oral abortion pills while the other half require surgery. The abortion rate is closely linked to educational background and social status, statistically correlated with ignorance and poverty.” [5ae]

6.364 As report on the Guardian newspaper on 24 December 2002, Jilin province amended its family planning regulations in November 2002 to allow women who have reached the legal age for marriage but remain single and without children to have a child by artificial means. The Guardian also reported, “Critics of the law say that Chinese society is still deeply prejudiced against illegitimate children and fear that the offspring of a single mother would suffer the same discrimination.” [16ab]"

Document(s): Open document

04.2005 - Source: UK Home Office

Country Report April 2005 - Family Planning Regulations in Fujian, Guangdong, Beijing and Shanghai ("Country Report - April 2005") [#31975], [ID 4043]

"Family Planning Regulations in Fujian

6.351 As reported by the Canadian IRB on 18 October 1999, according to Dr. Edwin Winckler, a political scientist and research associate of the East Asia Institute at Columbia University, there are at least four channels of appeal existing for complaints of excesses by local officials in Fujian province. [3a] (See also Section 5/Judiciary – State Compensation Law 1995)

6.352 Article 2 of the Population and Family Planning Regulations of Fujian Province 2002 (effective from 1 September 2002) states, “Both husband and wife are under the obligation to practice family planning and citizens’ legitimate rights and interests to reproduction are protected by law.” [5bj] (p 2)

6.353 Aricle 11 states:

“Returned overseas Chinese may give birth to a second child in any of the following circumstances if approved:

(1) Those who have already become pregnant at the time when they return to settle down;
(2) Both husband and wife are returned overseas Chinese for less than six years and have only one child;
(3) All of their children reside overseas and the returned couple have no children inside interior China;

Preceding paragraph (3) applies to the spouse of an overseas Chinese who has returned and resides in this province.

This Regulation applies to the following circumstances: Either of the couple is this province’s resident and the other party is a resident of Special Administrative Districts Hong Kong and Macao. However, if the children are born by them after the marriage and the children are born the Hong Kong and Macao residents before the marriage and have not resided inside interior China, such children shall not be counted as the number of children that they give birth to.

If either of the couple is a Taiwan resident, the preceding paragraph shall apply with reference.” [5bj] (p 3)

Family Planning Regulations in Guangdong

6.354 Article 25 of the Population and Family Planning Regulations of Guangdong Province 2002 (effective from 1 September 2002) states:

“Contraception shall be the primary component of family planning. Operations for the purpose of contraception and birth control shall be conducted in such a way as to ensure the safety of the person being operated upon. In order to prevent and decrease the number of unwanted pregnancies, the family planning administrative department at each level of government shall create the prerequisite conditions and advise couples of child-bearing age in how to make an informed choice about contraceptive measures. The first choice for a woman of child-bearing age who has given birth to one child shall be an intrauterine device. Where there are already two or more children, the first choice shall be a ligation for either the husband or wife.” [5bi] (p 7)

6.355 Article 49 states:

“Where a birth is not in conformity with these Regulations, a social support fee [also known as “social compensation fee”] shall be levied. The family planning administrative department at the level of county or non-districted local city shall request the people’s government of the county, ethnic county or town or neighbourhood office or a farm or forestry centre directly under a county or higher jurisidctional level to make the decision about levying said charge. The specific work shall be carried out by the subordinate family planning operational agency, and the village (residents) committee and pertinent work-units shall assist in the execution of this work.

If the party in question has real difficulty paying the social support fee in one lump sum, an application to pay in instalments may be submitted in conformity with the law to the body that decided on levying the fee, but the period during which instalments may be paid shall not exceed three years.

Where a migrant gives birth in a matter that contravenes these Regulations, the collection of the social support fee shall be done in accordance with national regulations. Payment to the national treasury of social support fees and late payment fines shall be managed under a two-track revenue and expenditure control system. No entity or individual shall retain, divert, embezzle or pocket said funds.” [5bi] (p 12)

Family Planning Regulations in Beijing and Shanghai

6.356 As reported by the official news agency on 9 August 2003, under new regulations (effective from 1 September 2003) nine types of household in Beijing are permitted a second child. [13a]

6.357 The same source continued:

“The nine groups that are allowed a second child include couples who have a disabled first child, who are the only child of their respective families and currently have only one child, and remarried couples who have only one child. Under the former municipal Population and Birth Control Statutes, these couples could only have a second child at least four years after the first child was born and if the mother was at least 28 years old.” [13a]

6.358 As reported by the official People’s Daily newspaper on the 25 June 2004, Shanghai has also approved similar measures, which permit couples who are both single children to have a second child. It also allows couples with children from a previous marriage to a child together as well as permitting urban couples to have a second child if the first child is disabled. [13h]

6.359 On 14 April 2004, the Guardian newspaper reported that these changes were prompted by concerns about the city’s ageing population. The report added that whilst other cities may follow suit for similar reasons officials were adamant that the “one-child policy” would remain the basis of family planning within China for the foreseeable future. The report concluded “The ending of free education in China – another of the big changes in the past 25 years – may prove to be a more effective way to restrict population growth than any family planning policy.” [16ae]"

Document(s): Open document

04.2005 - Source: UK Home Office

Country Report April 2005 - Returning to China After Having Children Abroad ("Country Report - April 2005") [#31975], [ID 4044]

"6.261 As reported by the US Citizenship and Immigration Service on 1 January 2004:
“Relatively little information is available to the Resource Information Center (RIC) within time constraints on the treatment of rural Chinese women who return to China with children born outside the country. For this reason, it is unclear whether the fact that the children are U.S. citizens makes any difference.” [5c]

6.262 This report also stated:
“A China specialist at the U.S. State Department told the RIC that his office presently had little information on the treatment of returning Chinese who had children while abroad. The specialist added that actual implementation of China's population control policy varies considerably throughout the country, and that some people in southern Fujian and Guangdong provinces had reported no problems in returning after having children abroad (U.S. DOS/DRL 20 Jan 2004).” [5c]

6.263 As reported by the official People’s Daily newspaper on 8 August 2003, “Parent’s can choose to register their newborns in either the mother or father’s place of residence…” [12h]"

Document(s): Open document

10.03.2005 - Source: Guardian

Women who were forcibly sterilised under China's coercive population control policies, and their husbands, are entitled to political asylum in the US, the federal appeals court in San Francisco has ruled ("Chinese men get US asylum if wife was sterilised") [#30022], [ID 4041]

Document(s): Open document

13.01.2005 - Source: International Federation for Human Rights

Woman sentenced to 18 months of Re-education Through Labour (RTL) by the Shanghai Public Security Bureau in April 2004, for protesting and petitioning against family planning policies ("Arbitrary detention and ill-treatment of Ms. Mao Hengfeng") [#28491], [ID 4045]

Document(s): Open document

08.10.2004 - Source: Amnesty International

Woman who was protesting against the ruling, coerced abortion and the treatment she suffered at hands of police ever since, was tortured, severely beaten and sent to labour camp ("Protester against forced abortion sent to prison camp") [#26324], [ID 4046]

Document(s): Open document

06.10.2004 - Source: Amnesty International

Mao Hengfeng was forced to have an abortion, and dismissed from her job; she has been protesting through official channels ever since, and has reportedly now been imprisoned and tortured because of her persistence ("China - UA 280/04") [#26204], [ID 4047]

Document(s): Open document
Open document

10.2003 - Source: UK Home Office

Country Assessment - October 2003 - One Child Policy ("Country Report - October 2003") [#49232], [ID 4048]

"Family Planning Policies ("One Child Policy")

Policy

6.337. On the 1 September 2002, the National Law on Family Planning was enacted. This law signalled a move away from a rigid adherence to the mantra of “one child” per couple and towards a more flexible approach, emphasising social compensation fees (fines) over more the extreme measures of the past. (See below)[3cp.]

6.338. Since the 1970s the government has implemented a range of family planning policies popularly known as the "one child policy". [3a] This has the aim of reducing pressures on the country's resources by controlling the rate of population growth. The policy consists of four basic components, fewer births, later marriage, later childbearing and eugenic births. While the general government continues to set annual (nationwide) targets for population growth interpretation and implementation is left to provincial regulators to adapt according to local conditions. [3d][3a]

6.339. The central government has been responsible for initiating the policy and for setting an annual nationwide target for population growth via the State Planning Commission (SPC). Interpretation and implementation are left to provincial and municipal regulators to adapt according to local conditions. Family planning is regarded as great success by the government [3d][3a], though they have acknowledged some shortcomings in relation to gender imbalance [9gad.] Statistics are given to support a population slow-down of 300 million with attendant resource implications. [4bh]

6.340. In July 2002, the United States dropped its financial support for UN funded programmes in China. On the grounds that they were lending legitimacy to the government's existing family planning policies. Opponents of the cuts abused the US Administration of pandering to the powerful anti-abortion lobby in the United Sates. [9fi]

6.341. The Chinese policy provides for minimum marriage ages for men (22) and women (20), an "encouraged minimum child-bearing age (24), the widespread promotion of birth control and abortion and for one child per-couple except in certain circumstances. It is implemented through education, propaganda and a combination of incentives, such as health subsidies and financial bonuses, and disincentives, such as additional taxes and legal discrimination. [3c][3a][5f]

6.342. The one-child policy not only restricts the number of births and their timing, but is also based on eugenics. Government representatives will often make references to maintaining population "quality". Women with identified hereditary conditions can face forced abortions. [3ad]



Implementation of Policy
6.343. There are regional and urban / rural differences in the implementation of the family planning regulations. [3m] Prior to 1998, urban couples seldom obtained permission to have a second child, although urban couples who were 'only' children themselves (i.e. had no siblings) were allowed to have two children. The decline in the influence of urban work units is held to have had a positive affect on the likelihood of urban couples receiving permission to have another child. [3ad]

6.344. Since 1999, there have been signs that the Government is beginning to relax its policies for certain groups. [2e] Exceptions are allowed for many of the 70 per cent of Han who live in rural areas (some provinces' permit 100 per cent of their rural Han population to have two children). Ethnic minorities are subject to much less stringent population controls, and in some rural areas are permitted to have four children. In 1998, Fujian province allowed remarried couples to have one more child if the sum of the children from previous marriages did not exceed two. [2b][2d][3m]

6.345. On 8 August 2003, the official news agency (Xinhua) reported that Beijing municipality was easing its local birth control policy. From 1 September 2003 it would be it easier for 9 "special groups" of families to have a second child. These included couples who had a disabled first child, who were the only children of their respective families and currently only had one child, and remarried couples who only had one child. [14m.]

6.346. Disciplinary measures against those who violate the policy include fines, withholding of social services, demotion and other administrative punishments that sometimes result in loss of employment. [2a][3a][3c] Levels of fines vary by region; in Shanghai, the fine for violating birth quotas is three times the combined annual salary of the parents, while in Zhejiang province it's 20 per cent of the parents' salary paid over 5 years. Unpaid fines have sometimes resulted in confiscation or destruction of homes and personal property by local authorities. [2d]

6.347. Each work unit (factory, office, village etc.) is allocated a target of 'authorised' births for the following two or three years. The effect of these targets can be to regulate not only the number of births per couple, but also the timing of births. The government opposes the use of force or coercion in implementing family planning regulations, but the imposition of penalties on local officials failing to meet the targets of the birth quota system puts them under intense pressure. [3d] On the 1 January 1999, new national regulations on "methods of management of family planning among the floating population" came into force. They put the onus on employing workplace units to ensure that the policy was carried out. [3ad]

6.348. Women with unauthorised pregnancies used to be placed under extreme psychological pressure to take "remedial measures" from other members of their work units and in ideological work sessions with family planning agents. [3d][2a] Neighbourhood committees still carry out promotion of the one-child policy. Now, however, there is a programme of encouragement and free contraception rather than fining, informing and crude enforcement. [4bg]

6.349. Revision of policy has been mentioned over the latter part of year 2000. In September 2000, official news reports hinted at a drive to reinforce implementation of the policy as it stands. [9aq] By December 2000, the central government authorities announced targets for five year, ten year and fifty year periods, in a white paper. The minister in charge of the State Family Planning Commission, Zhang Weiqing, has announced that local regulations will be brought together under one national body of legislation, as will all the apparatus of the policy's implement ion, such as local agencies and local regulations. [4kr][21c] Commentators have inferred from Zhang's presentation that there will be changes to enforcement practices, with emphasis upon incentives rather than proscriptions. [15f]

Documentation

6.350. The Division Director, Department of International Cooperation of the Chinese State Family Planning Commission has clarified which organisation issues which documentation in China. "Certificates" for sterilisation, abortion, and insertion of IUD are issued by family planning clinics and hospitals. They are not standardised and used to ensure paid leave from work. "One child certificates" are issued by the neighbourhood community committee, township government or mother's workplace unit. [3s] Selling on and forgery of family documents occurs and is subject to a 1,000 yuan fine. [3ad]

Actual Implementation and Practice

6.351. Government officials have acknowledged that there have been instances of forced abortions and sterilisations, while there are anecdotal accounts of raids on rural villages by task forces rounding up women for forced sterilisation or abortion. [3d][17b] The 1989 Administrative Procedure Law, enacted in October 1990, allows citizens to sue family planning officials for misdeeds. [3d] In Fujian province, for example there are at least four channels of appeal existing for complains of excesses by local officials. [3n]

Fujian Province

6.352. Claims that women in Fujian province who missed quarterly (gynaecological) examinations on two successive occasions were forcibly sterilised. And that women who became pregnant before the permitted age or time were subjected to fines, abortion and sterilisation were presented before the United States Committee on International Relations (House of Representatives) in June 1998. Other than the testimony of the Committees key witness, Gao Xiao Duan, a former Chinese State Family Planning Commission official, the Committee could not find any other reliable evidence to verify these claims. [3ad] Experts contacted by the Canadian IRB concluded that "scenarios such as those described in Miss Gao's testimony were increasingly improbable in the late 1990s." (Dr Edwin Winckler, East Asia Institute, Columbia University) [3n] The (Chinese) State Family Planning Commission was also denied that the practices described by Miss Gao occurred in Fujian. [3n]

6.353. For differing reasons, most authorities agree that Fujian province is lax in implementing the birth control policies. The authorities work by incentive schemes rather than coercion, with forced abortion and sterilisation no longer tolerated and efforts to increase the professionalism of family planning workers. Enforcement of sanctions has proved ineffective; one third of families have three children or more. [3ad][3r]

6.354. Fines are held to be "social subsidy fees" by the Fujian authorities to offset the extra social costs of extra, 'out of plan' children. Typically, the parents of 'out-of-plan' children were fined 60 -100 per cent of the family's annual income. The authorities noted that extracting such fines from villagers was difficult. [3r]

6.355. In September 2000, in Hubei province, authorities promised to punish family planning officials after the murder of an infant in front of his parents in Wuhan; the child was the couple's fourth child. The case sparked a nationwide examination of provincial family planning bureau practices. [9ap]

6.356. Zhang Weiqing, director of the State Family Planning Commission, confirmed the prosecution of the three (Wuhan) officials in December 2000. He also announced that family planning officers were undergoing a massive re-education programme, with incentives being made to be the main plank of family planning policies in the future. [15f]

6.357. Chinese women are averaging over two births each. In the larger cities, many people would opt to have only one child without government pressure, for economic and employment reasons. Those less reliant on the benefits of the work unit, such as transient workers and farmers in remote rural areas are typically able to have two or more children. [3d][9a][2c] Official figures from a 1995 survey indicated that 25 per cent of women of childbearing age have 3 or more children. [2d]

6.358. Uighurs and other ethnic groups have long standing worries about the PRC family planning regulations, even though such birth control regulations are relaxed for ethnic minorities. [9av]

Female Infanticide

6.359. The “one child policy” has been seen to exacerbate the traditional preference for male children, and after three decades of operation, demographic imbalances and anomalies have emerged. [4go - 4gq]

6.360. The gender imbalance in China is beginning to cause concern for policy makers, and even official figures (2000) show an imbalance of 100 / 116 in favour of boys. [9gad.] In 1999 it was estimated that 50 million women were “missing” from the population. [19c] There is no consensus on the scale of female infanticide in China, indeed many commentators point to the under reporting of female births and abandonment into state orphanages as an explanation as to the 'whereabouts' of China's “missing” women. [19c]

6.361. The traditional preference for a male child has helped to increase the gender imbalance, with abortion on the basis of sex (determined by an illegal ultrasound scan) and wilful neglect (including withholding medical care) exacerbating the trend. Female and male child trafficking has increased in China in response to such pressures. [2e][2g][4gp][4gq]

'Black Children'

6.362. Children born outside the permitted birth plan of a couple are known in China, colloquially, as 'black children' (hei haizi). A case in the High Court of Australia in April 2000 [15d][18e] led to a ruling that such children may be considered a social group under the 1951 Convention, and discussed in an inquiry into Australia's refugee program, in the Australian Senate. The Australian Department of Foreign Affairs and Trade report in follow up reported that "black children" was not an official PRC term, but if meant in terms of identifying colloquially children born in excess or outside birth control policy, then it was used as a term of identification. [15b] Any problems with officials over non-registered status that would logically be the case are, in practice, rarely meaningfully enforced, with the situation being particularly unclear in rural areas. [15b] The question of lack of registration limiting access to services such as health and education is misleading: health services in rural areas have never been free of charge; likewise education is increasingly fee-paying at all levels. Such services are accessible upon payment. [15b] The (PRC) State Council has stated that unregistered children will be registered unconditionally as part of the fifth national census in January 2001. [15c]"

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09.04.2003 - Source: Freedom House

Freedom House: Political Rights and Civil Liberties: 1-Child Policy ("The world`s most repressive regimes 2003") [#12683], [ID 4049]

"China’s one-child family planning policy is applied fairly strictly in the cities and less so in the countryside. While urban couples seldom receive permission to have a second child, rural couples generally may have a second child if their first is a girl. Couples failing to comply face demotion or loss of jobs, fines of up to three times their annual salary, or loss of benefits or access to social services. Local officials have at times demolished or confiscated homes and personal property to punish couples for unpaid fines. Some officials have also forced women to undergo abortions or be sterilized in order to meet government birth targets, the U.S. State Department report said. The government, however, appears to be relaxing the family planning policy somewhat in the cities, the report added."

Document(s): Open document

24.05.2001 - Source: Asia Times

Article on legislation of the family planning and population law, which would bestow a legal mantle on the country's one-child population policy, which has been in practice since 1980 ("China to formalize one-child policy") [#17023], [ID 4055]

Document(s): Open document

14.10.1999 - Source: Asia Times

Article on the one-child policy in China ("Curbing China's population is still an uphill battle") [#17024], [ID 4056]

Document(s): Open document