Research Directorate, Immigration and Refugee Board of Canada

1. Overview

In a telephone interview with the Research Directorate, a professor of social science and public policy at the Hong Kong University of Science and Technology, who has conducted research on population policy in Asia, stated that the two-child policy is a "national uniform law" and that while there are some cities, counties and provinces which offer incentives for having two children, there are no incentives for having more than two children "as far as [he] knows" (Professor 24 Apr. 2020). The same source further stated that there are some exemptions to the two-child policy [1], such as for couples of certain minorities or couples with disabled children, but not incentives (Professor 24 Apr. 2020). Similarly, in correspondence with the Research Directorate, a senior scientist at the University of Wisconsin-Madison, who has conducted research on China's family planning policy, indicated that the Chinese government "prohibits" having more than two children, and that women who have more than two children are punished (Senior Scientist 2 May 2020). For further information on implementation of the two-child policy, including consequences for violating family planning regulations, see Response to Information Request CHN106400 of December 2019.

According to the Professor, birth incentives vary by location and can include mortgage and tax relief, or a small allowance, but the value of the incentives is "not a lot" when it is compared to the costs related to having children (Professor 24 Apr. 2020). A paper by Min Zhang, a faculty member at the school of Ethnology and Sociology at Minzu University in China, states that some local governments provide child care subsidies for two-child families (Zhang 2019, 70).

Sources describe the following incentives for two-child families:

• The Washington Post indicates that some cities in Hubei province will pay a bonus of [US]$180 for a second child, while others will deliver a second baby for free (The Washington Post 4 May 2019);
• Zhang indicates that Yichang city in Hubei finances the kindergarten tuition for the second child (Zhang 2019, 70);
• China Daily, a state-sponsored newspaper, indicates that the Xianning health and family planning commission announced in August 2018 a new incentive, "believed to be a first for China," allowing two-child families buying a second home access to the preferential mortgage rate reserved for a first home (China Daily 4 Aug. 2018);
• China Global Television Network (CGTN), a [state-owned (The Guardian 18 Sept. 2019)] international media organization based in Beijing (CGTN n.d.), states that mothers having a second child in Shihezi city in Xinjiang will receive up to 1,000 yuan (CNY) [approximately C$192] and milk formula subsidies for up to three years (CGTN 19 July 2018);
• Global Times, a newspaper published by the Communist Party's People's Daily (Reuters 15 Aug. 2019), indicates that the Liaoning Provincial People's Congress issued regulations in July 2019, which subsidized childcare and schooling, and extended maternity and paternity leaves for parents in compliance with the two-child policy (Global Times 31 July 2019).

Sources indicate that since the implementation of the two-child policy, provincial regulations in all provinces have increased the duration of maternity leave and mandated the provision of paternity leave; the length of the leave varies by province (Liu, et al. 18 Dec. 2019, 177, 178; Zhang 2019, 70). The New York Times indicates that maternity leave is not subsidized by the government and employers view the leave as lost earnings (The New York Times 1 Nov. 2019). Sources state that the maternity leave provision has contributed to employment discrimination against women (Global Times 24 Mar. 2017; HRW 23 Apr. 2018, 28, 29). Human Rights Watch (HRW) states that "many" job advertisements require female candidates to be married with children, in an attempt to avoid providing maternity leave (HRW 23 Apr. 2018, 28).

Yale Law School indicates that the Supreme People's Court formally recognized "'Equal Employment Rights Disputes'" as a "cause of action," or a subject matter authorized for litigation, in 2018 (Yale University 4 Oct. 2019). Sources provide the example of a female school security guard [in Zhuhai city in Guangdong province (China Development Brief 6 Nov. 2019)], who was fired after asking for several days off based on medical advice upon discovering her second pregnancy (The New York Times 1 Nov. 2019; China Development Brief 6 Nov. 2019). Sources further indicate that the security guard sued her employer under the new equal employment rules and the court ordered her employer to pay her the equivalent of four months' pay and to issue an apology (The New York Times 1 Nov. 2019; China Development Brief 6 Nov. 2019).

2. Cases of Incentives for More than Two Children

According to a December 2018 document published by the Health Commission of Xianning city in Hubei announcing new family planning measures, women who have two or more children in compliance with the family planning policy will receive 300 CNY [approximately C$57] in healthcare subsidies during the pregnancy, free testing for deafness, and free prenatal genetic testing for pregnant women aged 35 and over, as well as increased support and protection for hospital births, nursing fees and housing (Xianning 17 Dec. 2018). The Washington Post states that Hubei province is considered to be "one of the most forward-thinking provinces in terms of baby promotion" (The Washington Post 4 May 2019). Further and corroborating information, including information on the implementation of the incentives, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sixth Tone, a Shanghai-based online English-language publication owned by the state-run Shanghai United Media Group (FP 3 June 2016), citing an article in their Chinese-language sister publication, The Paper, indicates that Far East Holding Group Co. Ltd., a Jiangsu-based company with approximately 11,000 employees, is offering employees who have "more children" twenty extra days of maternity and paternity leave and priority for promotions (Sixth Tone 3 Apr. 2019). The same source indicates that the president of Far East Holding Group stated in a conference that he encourages his own children to have at least three children each (Sixth Tone 3 Apr. 2019). Sixth Tone quotes He Yafu, a Guangdong-based population scholar, as stating that the company's incentive program "conflicts with the current two-child policy" and may be encouraging their employees to break the law (Sixth Tone 3 Apr. 2019). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Note

[1] The US Congressional-Executive Committee on China (CECC) indicates that exceptions to the two-child policy vary by province, but can include couples of ethnic minorities, remarried couples, and couples who have children with disabilities (US 18 Nov. 2019, 125). For information on the family planning regulations for the provinces of Guangdong, Fujian and Hebei, including exceptions, see Response to Information Request CHN106271 of April 2019.

References

China Daily. 4 August 2018. Zhou Lihua and Du Juan. "City's New Second-Child Incentives Include Preferential Home-Loan Rates." [Accessed 22 May 2020]

China Development Brief. 6 November 2019. "Security Guard Wins Lawsuit After Getting Fired for Being Pregnant." [Accessed 15 June 2020]

China Global Television Network (CGTN). 19 July 2018. "China Provinces Offer Incentives to Raise Birth Rate." [Accessed 22 May 2020]

China Global Television Network (CGTN). N.d. "Who We Are." [Accessed 19 June 2020]

Foreign Policy (FP). 3 June 2016. Bethany Allen-Ebrahimian. "China, Explained." [Accessed 22 May 2020]

Global Times. 31 July 2019. "Liaoning Encourages Second Child Birth with Generous Welfare." [Accessed 27 May 2020]

Global Times. 24 March 2017. "New Two-Child Policy Makes Employers Leery of Hiring Women." [Accessed 22 May 2020]

The Guardian. 18 September 2019. Tara Conlan. "Chinese News Channel Dealt Blow as Former Ofcom Regulator Quits." [Accessed 19 June 2020]

Human Rights Watch (HRW). 23 April 2018. "Only Men Need Apply": Gender Discrimination in Job Advertisements in China. [Accessed 22 May 2020]

Liu, Hongyan, Dian Yu and Hui Wang. 18 December 2019. "A Review of the Development of Maternity Leave Policy in China Over the Past 70 Years." China Population and Development Studies. Vol. 3. [Accessed 22 May 2020]

The New York Times. 1 November 2019. Alexandra Stevenson and Elsie Chen. "In China, Working Mothers Say They Are Fired or Sidelined." [Accessed 22 May 2020]

Professor, Hong Kong University of Science and Technology. 24 April 2020. Telephone interview with the Research Directorate.

Reuters. 15 August 2019. "Beijing Has Option of Forceful Intervention in Hong Kong: Global Times Tabloid." [Accessed 27 May 2020]

Senior Scientist, University of Wisconsin-Madison. 2 May 2020. Correspondence with the Research Directorate.

Sixth Tone. 3 April 2019. Xue Yujie. "Jiangsu Company Rewards Employees for Having More Kids." [Accessed 22 May 2020]

United States (US). 18 November 2019. Congressional-Executive Commission on China (CECC). Annual Report 2019. [Accessed 15 June 2020]

The Washington Post. 4 May 2019. Anna Fifield and Liu Yang. "Beijing's One-Child Policy is Gone. But Many Chinese Are Still Reluctant to Have More." [Accessed 27 May 2020]

Xianning. 17 December 2018. Health Commission. "《咸宁市关于加快实施全面两孩配套政策的意见》解读." [Accessed 27 May 2020]

Yale University. 4 October 2019. Yale Law School. "Tsai Center Holds Gender Discrimination and Sexual Harassment Litigation Workshops in China." [Accessed 15 June 2020]

Zhang, Min. 2019. "Birth Control to Birth Promotion? China's Population Policy at a Crossroads." East Asian Policy. Vol. 11, No. 4. [Accessed 22 May 2020]

Additional Sources Consulted

Oral sources: Assistant professor who has conducted research on family demography in East

Asia; associate professor who has conducted research on population and aging in China; professor who has conducted research on Chinese population policies; professor who has conducted research on demographic change in China.

Internet sites, including: Al Jazeera; Australia – Department of Foreign Affairs and Trade; BBC; Beijing Review; Caixin; The Diplomat; ecoi.net; Factiva; Inkstone; Journal of Contemporary China; Population and Economics; South China Morning Post; UK – Home Office; UN – Refworld; US – Department of State; Xinhua News Agency.