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Human Rights Issues

  Overview Demonstrations
  Prison conditions Political affiliation
  Fair Trial Arbitrary Arrests
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  Women Children/Youths
  Sexual orientation Journalists/writers
  Military service/desertion Torture/Ill-treatment
  Death penalty Refugees
 

11.03.2008 - Source: US Department of State

Children sometimes were held with adult prisoners and required to work ("Country Report on Human Rights Practices 2007") [ID 22765]

"The law requires juveniles to be held separately from adults, unless facilities are insufficient. In practice children sometimes were held with adult prisoners and required to work. Political prisoners were segregated from each other and placed with common criminals, who sometimes beat political prisoners at the instigation of guards. Newly arrived prisoners or those who refused to acknowledge committing crimes were particularly vulnerable to beatings."

Document(s): Open document

11.03.2008 - Source: US Department of State

In economically disadvantaged rural areas, many children did not attend school for the required period and some never attended ("Country Report on Human Rights Practices 2007") [ID 23378]

"The law prohibits maltreatment of children and provides for compulsory education. The State Council's National Working Committee on Children and Women was tasked with carrying out policy toward children. Parents must register their children in compliance with the national household registration system within one month of birth. If children are not registered, they cannot access public services.
The law provides for nine years of compulsory education for children. However, in economically disadvantaged rural areas, many children did not attend school for the required period and some never attended. Public schools were not allowed to charge tuition, but after the central government largely stopped subsidizing primary education, many public schools began to charge mandatory school-related fees to meet revenue shortfalls. Such fees made it difficult for poorer families and some migrant workers to send their children to school.
According to 2006 government statistics, 99.27 percent of children nationwide were enrolled in elementary school. In 2005 the government reported that 51.4 percent of primary school students, 45.7 percent of junior secondary school students, and 44.0 percent of senior secondary school students were girls. It was widely believed that the proportion of girls attending school in rural and minority areas was smaller than in cities. According to a Chinese Academy of Social Sciences report, 61 percent of boys and 43 percent of girls in rural areas completed education higher than lower middle school. The government reported that nearly 20 million children of migrant laborers followed their parents to urban areas. Most children of migrant workers who attended school did so at schools that were unlicensed and poorly equipped."

Document(s): Open document

11.03.2008 - Source: US Department of State

More than half of all boys and almost a third of all girls have been physically abused ("Country Report on Human Rights Practices 2007") [ID 23379]

"More than half of all boys and almost a third of all girls have been physically abused, according to survey results released at a 2005 conference in Beijing. The survey reported that 10 percent of boys and 15 percent of girls were sexually abused. These statistics were among those publicized at a National Consultation on Violence against Children, which the government and the UN Children's Fund sponsored. A media ban was also issued after a Nanjing newspaper publicized the forced sterilization of mentally challenged teenagers in Nantong, Jiangsu Province."

Document(s): Open document

11.03.2008 - Source: US Department of State

More than 150,000 "street children" lived in cities; vast majority of children in orphanages were girls ("Country Report on Human Rights Practices 2007") [ID 23381]

"Abolition of the system of custody and repatriation in 2003 reduced the number of children detained administratively. Nonetheless, more than 150,000 "street children" lived in cities, according to state-run media. This number was even higher if the children of migrant workers who spend the day on the streets were included.
The law forbids the mistreatment or abandonment of children. The vast majority of children in orphanages were girls, many of whom were abandoned. Boys in orphanages were usually disabled or in poor health. Medical professionals sometimes advised parents of children with disabilities to put the children into orphanages.
The government denied that children in orphanages were mistreated or refused medical care but acknowledged that the system often was unable to provide adequately for some children, particularly those with serious medical problems. Adopted children were counted under the birth limitation regulations in most locations. As a result, couples that adopted abandoned baby girls were sometimes barred from having additional children."

Document(s): Open document

11.03.2008 - Source: US Department of State

Kidnapping and the buying and selling of children for adoption increased over the past several years, particularly in poor rural areas ("Country Report on Human Rights Practices 2007") [ID 23383]

"Kidnapping and the buying and selling of children for adoption increased over the past several years, particularly in poor rural areas. There were no reliable estimates of the number of children trafficked. Most children trafficked internally were sold to couples unable to have children, particularly sons. In the past most infants rescued were male, but increased demand for children reportedly drove traffickers to focus on females as well.
NGOs reported an increase in child trafficking, especially in rural areas, and cases of children forced to work as beggars, petty thieves, and prostitutes. Some children worked in factories, but many ended up under the control of local gangs and were induced to commit petty crimes such as purse snatching."

Document(s): Open document

10.10.2007 - Source: Congressional-Executive Commission on China

Child labor remains a persistent problem within China, despite legal measures to prohibit the practice ("Annual Report 2007") [ID 21295]

see report for further details

"Child labor remains a persistent problem within China,  despite legal measures to prohibit the practice. As a member of  the International Labor Organization (ILO), China has ratified  the two core conventions on the elimination of child  labor.156 China's Labor Law and related legislation prohibit  the employment of minors under 16,157 and national legal  provisions prohibiting child labor stipulate a series of fines  for employing children.158 Under the Criminal Law, employers  and supervisors face prison sentences of up to seven years for  forcing children to work under conditions of extreme  danger.159 Systemic problems in enforcement, however, have  dulled the effects of these legal measures, though the overall  extent of child labor in China is unclear due to the government  categorizing data on the matter as ``highly secret.'' 160 A  report on child labor in China found that child laborers  generally work in low-skill service sectors as well as small  workshops and businesses, including textile, toy, and shoe  manufacturing enterprises.161 It noted that many under-age  laborers are in their teens, typically ranging from 13 to 15  years old, a phenomenon exacerbated by problems in the  education system and labor shortages of adult workers.162  Children in detention facilities also have been subjected to  forced labor."

Document(s): Open document

10.10.2007 - Source: Congressional-Executive Commission on China

50 percent of farmers who fall ill do not seek healthcare for economic reasons, and half of all children who die in rural areas had not received medical treatment ("Annual Report 2007") [ID 21417]

"Some senior Chinese officials and scholars have questioned the fairness and efficiency of the medical and healthcare system. The poorest residents in rural areas frequently do not enroll in the cooperatives because they cannot afford the required fee. As many as 50 percent of farmers who fall ill do not seek healthcare for economic reasons, and half of all children who die in rural areas had not received medical treatment.80 For rural participants especially, the reimbursement level remains inadequate. The average reimbursement rate is 27.5 percent, determined in part by the specific disease and the local government's budget.81 Many counties and townships do not have the financial resources to supply their portion of the fund. In addition, rural clinics are poorly funded and lack adequate medical personnel and equipment."

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

06.03.2007 - Source: US Department of State

Children and education ("Country Report on Human Rights Practices 2006") [ID 19157]

"The law prohibits maltreatment of children and provides for compulsory education. The State Council's National Working Committee on Children and Women was tasked with carrying out policy toward children.

The law provides for nine years of compulsory education for children. However, in economically disadvantaged rural areas many children did not attend school for the required period and some never attended. Public schools were not allowed to charge tuition, but after the central government largely stopped subsidizing primary education, many public schools began to charge mandatory school-related fees to meet revenue shortfalls. Such fees made it difficult for poorer families and some migrant workers to send their children to school.

According to government statistics, 98.6 percent of children nationwide were enrolled in elementary school. In 2005 the government reported that 51.4 percent of primary school students, 45.7 percent of junior secondary school students, and 44.0 percent of senior secondary school students were female. It was widely believed that the proportion of girls attending school in rural and minority areas was smaller than in cities.

In 2003 the UN special rapporteur on the right to education visited and found that the government failed to provide education to many children of migrant workers and prohibited children from receiving religious education. The special rapporteur expressed serious concern about privatization of the costs of public education and reported that the government compelled parents to pay nearly half the costs of public education, making education inaccessible to many children. The special rapporteur also recommended the government immediately ban the practice of children performing manual labor at their schools to raise funds."

Document(s): Open document

06.03.2007 - Source: US Department of State

Female infanticide, sex-selective abortions, and the abandonment and neglect of baby girls remain problems ("Country Report on Human Rights Practices 2006") [ID 19158]

"According to the UN Children's Fund (UNICEF) 2004 statistics, the infant mortality rate was 26 per 1,000 and the mortality rate for children under five years of age was 31 per 1,000 live births. The Law on the Protection of Juveniles forbids infanticide; however, there was evidence that the practice continued. According to the National Population and Family Planning Commission, a handful of doctors have been charged with infanticide under this law. The law prohibits discrimination against minors with disabilities and codifies a variety of judicial protections for juvenile offenders. The physical abuse of children can be grounds for criminal prosecution.

More than half of all boys and almost a third of all girls have been physically abused, according to survey results released at a May 2005 conference in Beijing. The survey reported that 10 percent of boys and 15 percent of girls have been sexually abused. These statistics were among those publicized at a National Consultation on Violence against Children, which the government and UNICEF sponsored. However, journalists were sanctioned for reporting on the rape of female students as young as 10 in Shanxi and Guangdong provinces. A media ban was also issued after a Nanjing newspaper publicized the forced sterilization of mentally challenged teenagers in Nantong, Jiangsu Province.

Despite government efforts to prevent kidnapping and the buying and selling of children, these problems persisted in some rural areas, and children were trafficked for labor purposes (see section 5, Trafficking).[...]

Female infanticide, sex-selective abortions, and the abandonment and neglect of baby girls remained problems due to the traditional preference for sons and the birth limitation policy (see section 1.f.). Many families, particularly in rural areas, used ultrasound to identify female fetuses and terminate pregnancies, even though this practice remained illegal. An official study in Hainan Province found that 68 percent of abortions were of female fetuses. According to a 2002 survey, 35 percent of women in one rural township admitted to having an abortion because of a preference for a male child. Female babies also suffered from a higher mortality rate than male babies, contrary to the worldwide norm. State media reported that infant mortality rates in rural areas were 27 percent higher for girls than boys. Neglect of baby girls was one factor in their lower survival rate. One study found the differential mortality rates were highest in areas where women had a lower social status and economic and medical conditions were poor.

The law forbids the mistreatment or abandonment of children. The vast majority of children in orphanages were female; males in orphanages were usually disabled or in poor health. Medical professionals sometimes advised parents of children with disabilities to put the children into orphanages.

The government denied that children in orphanages were mistreated or refused medical care but acknowledged that the system often was unable to provide adequately for some children, particularly those with serious medical problems. Adopted children were counted under the birth limitation regulations in most locations. As a result, couples that adopted abandoned baby girls were sometimes barred from having additional children."

Document(s): Open document

06.03.2007 - Source: US Department of State

Government has not adopted a comprehensive policy to combat child labor ("Country Report on Human Rights Practices 2006") [ID 19160]

"The law prohibits the employment of children under the age of 16, but the government had not adopted a comprehensive policy to combat child labor. The labor law specifies administrative review, fines, and revocation of business licenses of those businesses that illegally hire minors. The law also stipulates that parents or guardians should provide for children's subsistence. Workers between the ages of 16 and 18 were referred to as "juvenile workers" and were prohibited from engaging in certain forms of physical work, including labor in mines.

A decree prohibiting the use of child labor provides that businesses illegally hiring minors or in whose employ a child dies will be punished via administrative review, fines, or revocation of their business license. The decree further provides that underage children found working should be returned to their parents or other custodians in their original place of residence.

According to a study by a Hong Kong-based labor rights NGO, the use of child labor is on the rise along the country's eastern coast in recent years. While poverty remains the main reason, inadequacy of the mandatory education system, rising market demand due to labor shortage and potential child labor supply outside the formal labor market also contribute to this long-term problem.

Reliable statistics on the prevalence of child labor are not available. The government acknowledged the problem of child labor, and noted that it was relatively prevalent in certain industries. The government also maintained that the country did not have a widespread child labor problem and that the majority of children who worked did so to supplement family income, particularly in impoverished rural areas. Although nine years of education (through age 16) is compulsory, the high cost of basic education caused some children to drop out of school to seek work; other children worked while in school. In March Premier Wen Jiabao pledged that the government would eliminate tuition fees for rural students receiving compulsory education by the end of the year, beginning with the poorest regions. Tuition fees have since been eliminated in many areas but other miscellaneous costs (food, textbooks, etc.) are a major burden, especially for rural residents.

State-run media reported on provincial bureau investigations into child labor cases, as well as punishment of factory owners who employed children. In one well-publicized case in August, authorities in Ningbo rescued more than 70 middle-school students used as laborers at a grape cannery under the guise of a summer work-study program. In general there was little follow-up on whether children involved in such cases continued to work outside the home."

Document(s): Open document

06.03.2007 - Source: US Department of State

Kidnapping and the buying and selling of children for adoption continues ("Country Report on Human Rights Practices 2006") [ID 19163]

"Kidnapping and the buying and selling of children for adoption continued, particularly in poor rural areas. There were no reliable estimates of the number of children trafficked. Domestically, most trafficked children were sold to couples unable to have children, particularly sons. In the past, most infants rescued were male, but increased demand for children has reportedly driven traffickers to focus on females as well.

Children were also trafficked from poorer interior areas to relatively more prosperous areas for work. Traffickers reportedly often enticed parents to relinquish their children with promises of large remittances their children would be able to send home. Some children worked in factories but many ended up under the control of local gangs and were induced to commit petty crimes such as purse snatching."

Document(s): Open document

11.10.2005 - Source: Congressional-Executive Commission on China

Child Labour ("Annual Report 2005") [#37506][ID 4057]

see report for further details

"Child labor remains a significant problem in China, despite being prohibited by law. Some manufacturers prefer to employ child workers illegally for their low cost, docility, and dexterity. In addition, low wages and poor working conditions have driven many adult workers away from southern manufacturing zones such as Shenzhen, heightening demand for child labor in these areas. Statistics on child labor are considered a state secret, a policy that prevents accurate reporting on the extent of the problem. Nevertheless, provincial labor inspection units report having freed hundreds of child laborers during labor investigations in 2004."

Document(s): Open document

11.10.2005 - Source: Congressional-Executive Commission on China

Human Trafficking ("Annual Report 2005") [#37506][ID 4058]

see report for further details

"Trafficking of women and children in China remains pervasive. Traffickers are often linked to organized crime and specialize in abducting infants and young children for adoption and household service. They also abduct girls and women both for the bridal market in China’s poorest areas and for sale as prostitutes. This is caused, in part, by the skewed sex ratios growing out of China’s population control policy [...]"

Document(s): Open document

01.09.2005 - Source: UN Committee on the Rights of the Child

State report on implementation of Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (country profile; legislative, administrative, judicial and other measures adopted to give effect to the provisions of the Optional Protocol) and concluding observations of the Committee ("Consideration of Reports submitted by States Parties under Article 12 (1) of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography; Initial reports of States parties due in 2005; China [CRC/C/OPSA/CHN/1]") [#37566][ID 4059]

Document(s): State report
Report for Macau Concluding observations of 24 November 2005 [CRC/C/OPSC/CHN/CO/1]

04.2005 - Source: UK Home Office

Country Report April 2005 - Children ("Country Report - April 2005") [#31975][ID 4060]

"6.328 According to the USSD Report 2004, “The Constitution prohibits maltreatment of children and provides for compulsory education. The country has outlawed child labor and trafficking in children, but serious problems in those areas persisted.” [2j] (Section 4)

6.329 On 11 October 2004 the BBC reported the findings of a survey carried out in China, “The Beijing University survey found up to 22% of children suffered emotional problems like depression and showed problematic behaviour like lying. These children, sometimes known as "little emperors", were born under the one child policy so have no siblings. Psychologists say they are often spoilt and sheltered from problems by their parents, so are unable to cope with difficulties.”
[9bi]

6.330 As reported by the Guardian newspaper in their week long special report on China (9-12 November 2004), school children often spend 14 hours per day on school work leaving them little time for socialising with their friends. [16ba]"

Document(s): Open document

04.2005 - Source: UK Home Office

Country Report April 2005 - Black Children (hei haizi) ("Country Report - April 2005") [#31975][ID 4061]

"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 - Female Infanticide ("Country Report - April 2005") [#31975][ID 4062]

"Female Infanticide

6.368 According to the USSD Report 2004, “Female infanticide, sex-selective abortions, and the abandonment and neglect of baby girls remained problems due to the traditional preference for sons and the birth limitation policy. Many families, particularly in rural areas, used ultrasound to identify female fetuses and terminate pregnancies.” [2j] (Section 5)

6.369 As reported by the Guardian newspaper on 9 March 2004, the traditional preference for boys has led to a gender imbalance of 117 boys to every 100 girls born. In some rural areas the figure is as high as 130 to 100. [16ad] The BBC quoted the same figures on 15 July 2004. [9bc]

6.370 As noted by the Guardian (see above) and by the Times on 22 June 2004, the Chinese government, concerned about the destabilising affect of so many unattached men has begun to offer cash incentives to couples to produce more girls. [16k] [16ef]

6.371 On 4 August 2004, the official People’s Daily newspaper reported, “Beginning from this year [2004], rural families who have only one child or two girls will receive award and support from government.” [12u]

6.372 This report went on to say:

“The pilot work will be launched this year in five provinces and municipality in west China (Sichuan, Yunnan, Gansu, Qinghai and Chongqing), nine cities in nine central provinces (Hebei, Shanxi, Heilongjiang, Jilin, Jiangxi, Anhui, Henan, Hunan, and Hubei) as well as in Zunyi City, Guizhou Province. Work has been started earlier in some provinces where farmers have received award money.” [12u]

6.373 As Asian Sex Gazzette on 1 September 2004:

“Last year, 117 boys were born for every 100 girls in China, compared with a global average of 105 to 100… To reverse the trend, pilot programmes are already under way in China's poorest provinces. In some areas, couples with two daughters and no sons have been promised an annual payment of R430 (about $80 US) once they reach 60 years of age. The money, which is a significant sum in areas where the average income is about R5 (less than $1.00 US) a day, will also be given to families with only one child to discourage couples with a daughter from trying again for a boy. Some regions have gone further. In parts of Fujian province, local governments have given housing grants of approximately R11000 ($1700 US) to couples with two girls.” [15ga]

6.374 The same souce also noted, “Many families, particularly in rural areas, place greater value on sons, who are considered best suited to continue the family line, generate income and ensure that parents are cared for during their old age.” [15fb]

6.375 As noted by Asia Time in a report dated 5 November 2004:

“China's "missing girls", as demographers have dubbed them, are the unintended consequence of China's one-child policy, where sons traditionally have been more highly valued than daughters. That's because women join their husbands' families and work for them, so families still invest more in boys than girls in terms of education, health care and providing other advantages. Some affluent families, even in the countryside, can "buy" another child, by paying the fine for more than one child. Even so, they often try again for boys, not burdensome girls.” [15ef]

6.376 As reported by Asian Sex Gazette on 16 December 2004:

“One of the world's least controlled abortion regimes will be tightened next month, when the Chinese city of Guiyang introduces a pilot programme aimed at halting the widespread termination of female foetuses. The new policy bans doctors from carrying out abortions on most women who are more than 14 weeks into pregnancy.” [15gc]

6.377 The source continued:

“ ‘If this is part of a trend in China, it is very good news indeed,’ said Siri Tellier, representative of the UN population fund in Beijing. Critics, however, will point to uncertainties about implementation and continued concerns about what they see as the coercive nature of China's one-child policy.” [15gc]

6.378 As reported by the Asian Sex Gazzette on 21 February 2005:

“The Chinese city of Guiyang is limiting abortions in an effort to combat one of the world's biggest gaps between male and female childbirths… The city's ban on abortions after the 14th week of pregnancy appears to be gathering momentum across China. National laws already prohibit sonograms for gender detection, which becomes possible after the 14th week, but the law has been spottily enforced.” [15gd]"

Document(s): Open document

10.12.2004 - Source: BBC News

Yunnan: 3 people, convicted in August of abducting and selling 11 young boys, executed in Kunming ("China executes child traffickers") [#27558][ID 4063]

Document(s): Open document

26.11.2004 - Source: BBC News

Henan: 8 boys killed and 4 pupils injured in attack by armed man in high school in Ruzhou; man, responsible for September attack in Shandong, in which 24 pupils were injured, was executed ("Eight boys killed at China school") [#27321][ID 4064]

Document(s): Open document

07.10.2004 - Source: BBC News

Fujian: 110 'baby smugglers' arrested; 2 human traffickers sentenced to death for selling 74 women and 22 children ("China holds 110 'baby smugglers'") [#26315][ID 4065]

Document(s): Open document

01.10.2004 - Source: Amnesty International

Hunan: several hundred schoolchildren were taken to watch 6 men being sentenced to death at public sentencing rally in Changsha ("School trips to watch death sentences") [#26017][ID 4066]

Document(s): Open document

24.09.2004 - Source: BBC News

Leader of gang executed for his part in trafficking and selling 76 babies ("China executes baby smuggler") [#25836][ID 4067]

Document(s): Open document

03.09.2004 - Source: Amnesty International

Amnesty International and medical experts from 7 countries have sent an open letter to the heads of government in China, Pakistan, the DR Congo, the Philippines, Iran, Sudan and the USA urging them to stop using the death penalty against children ("World: International medical experts urge an end to child executions") [#25321][ID 4068]

Document(s): Open document

31.08.2004 - Source: BBC News

After 5 months in detention without trial, the editor of a Chinese investigative newspaper, Cheng Yizhong, has been freed without any official explanation ("Chinese newspaper editor freed") [#25253][ID 4074]

Document(s): Open document

13.07.2004 - Source: BBC News

8 people arrested by Chinese police in connection with trafficking dozens of babies in China's inner Mongolian region ("China halts baby trafficking ring") [#24022][ID 4069]

Document(s): Open document

20.06.2004 - Source: BBC News

The leader of a gang involved in buying and selling 120 baby girls from the impoverished central province of Henan has been sentenced to death; 2 other members of the group were given life imprisonment ("Death penalty for baby smuggler") [#23443][ID 4070]

Document(s): Open document

01.12.2003 - Source: Guardian

Guardian Int.: 2 Baby smugglers sentenced to death; more than 100 (female) babies have been soldsold ("Death for China baby smugglers") [#17960][ID 4071]

"A Chinese court yesterday sentenced two people to death and jailed dozens for smuggling more than 100 babies in one of China's poorest provinces, state media said. [...]
Only one of the 118 smuggled babies was not a girl. China's stringent rules on family planning, which allow couples to have just one child, at least in the cities, and limits numbers elsewhere, have bolstered a traditional bias for male offspring, seen as the mainstay for ageing parents. [...]
The doctor who sold the babies to smugglers had asked blood parents to pen a document saying they would not seek their return, Xinhua has reported. [...]"

Document(s): Open document

10.2003 - Source: UK Home Office

Country Assessment - October 2003 - Children ("Country Report - October 2003") [#49232][ID 4072]

"Children

6.363. The 1992 Law on the Protection of Juveniles forbids infanticide, as well as mistreatment or abandonment of children. Physical abuse of children can be grounds for criminal prosecution. The Constitution provides for 9 years of compulsory education. [2d]

Child Care Arrangements

6.364. A number of children are abandoned each year, despite the penalty under law of fines and 5 years in prison. Most of the children in orphanages are female although some are disabled or in poor health. The treatment of children in these institutions varies from adequate to deplorable. Infant mortality rates appear to be very high. Bureaucratic indifference and corruption on the part of orphanage administrators appear to be significant factors in such cases. [2d]

6.365. The term "orphanage" lacks clarity within China. Nevertheless information published in 1995 (relating to 1993) identifies three types of institutions, which can loosely be called orphanages. [12e]

6.366. The main type of institution for all sorts of conditions and categories of people needing institutional care is the Social Welfare Institution (shehui fuliyuan). Run by the Ministry of Civil affairs, these general-purpose institutions were still (in early 1990s) the mainstay of the institutionalised welfare system. They were characterised by large scale institutes accepting where possible "self-paying" inmates and gaining revenues from inmates' productive labour, that fanned out to smaller associate institutions more closely linked (and dependent) upon local communities. In 1992, according to official figures, there were 950 such institutes within the PRC; 43 were in Fujian province, housing 80.9 per cent of Fujian's institutionalised minors. [12e]

6.367. The Chinese authorities have had a long-term aim (since 1956) to segregate groups needing institutional care. Child Welfare Institutions (ertong fuliyuan) have been introduced, but have developed unevenly. They are located mainly in the more progressive regions; in 1993, eight provinces / autonomous regions did not possess such an institution: Fujian province had 2, taking 19.1 per cent of total institutionalised minors in Fujian. In Beijing and Shanghai, the percentage of minors in Child Welfare Institutions was 99.2 per cent and 94.5 per cent respectively in 1993. [12e]

6.368. The Child Welfare Institutions have been criticised for employing discriminatory levels of care, leaving female infants to perish from neglect in the "dying rooms". [12e]

6.369. More effort has been put into the segregation of mentally ill inmates. The development of Psychiatric Welfare Institutions (jingshenbingren fuliyuan) has meant that at the end of 1992, there were 129 psychiatric welfare institutions as opposed to 67 Child welfare Institutions. Nationally 327 minors were confined to the psychiatric institutes. [12e]

6.370. The official 1993 figures account for only 17,000 orphans; the source states that other official statistics hint that the figure is nearer 80,000, with over 60,000 being rural orphans mixed into locally run and financed "respecting-the-aged" homes i.e. old people's homes. However, the source doubts the accounting of orphans by this explanation and argues there are orphans who are unaccounted for, or worse, the mortality rate of infants in orphanages accounts for the discrepancies. [12e]

Adoption

6.371. The 1991 Adoption Law regulates adoption. This law used to make adoption very difficult in terms of PRC couples adoption of institutionalised infants, but promoted the adoption of children by Chinese living abroad. In-country adoption was limited to childless couples aged over 35 years old, and from the stock of gu'er, namely children whose natural parents are dead. An adoption was treated as part of a couple's birth plan regime. [12e] These regulations were relaxed in 1999, to allow the adoption of more than one orphan. [3n]

6.372. Out-of-country adoption was and continues to be very liberal; allowing adoption by single adults as much as by married couples. [3n] This aspect of the adoption regulations has been so loose as to attract traffickers dealing in babies for export. In 1999, controversy broke out in Australia over the flow of babies from the PRC to Australian recipients. [4gr - 4gv]"

Document(s): Open document