Document #1190919
IRB – Immigration and Refugee Board of Canada (Author)
Information on the above subject could not
be found among the sources available to the DIRB in Ottawa.
Attached please find articles reporting on incidents of desertion
from the Chinese army. However, the penalties faced by these
deserters are not mentioned.
Also attached please find several documents
containing information on the penalties for military service
evasion, which may be of interest to you.
A 1991 Amnesty International report
entitled Conscientious Objection to Military Service quotes
article 61 of the 1985 Chinese law on military service:
Those who avoid or refuse registration ... conscription... [or]
military training education shall undergo education, and if this is
unsuccessful, be forced by the local People's Government to carry
out their military service (Jan. 1991, 7).
According to the same source, the penalties applicable to draft
evaders are imposed by local governments, since the national
legislation does not provide penalties for military service evasion
(Jan. 1991, 7).
Agence France Presse (AFP) reports that in
September 1993 the National People's Congress (NPC) of Guangzhou
(Guangdong) submitted to the provincial NPC a draft law cracking
down on people who try to avoid military service (8 Sept. 1993).
Under the new law, military service evaders would "face fines
ranging from 300 to 1,000 yuan and undergo 're-education', which
could mean being sent to labour camps" (ibid.).
This response was prepared after
researching publicly accessible information currently available to
the DIRB within time constraints. This response is not, and does
not purport to be, conclusive as to the merit of any particular
claim to refugee status or asylum. Please find attached the list of
sources consulted in researching this information request.
Agence France Presse (AFP). 8
September 1993. "China's Guangdong Sees Laws Punishing Military
Service Evaders." (NEXIS)
Amnesty International. January 1991.
Conscientious Objection to Military Service. (AI Index: Pol
31/01/91). London: Amnesty International Publications.
Agence France Presse (AFP). 8 September
1993. "China's Guangdong Sees Laws Punishing Military Service
Evaders." (NEXIS)
Amnesty International. January 1991.
Conscientious Objection to Military Service. (AI Index: Pol
31/01/91). London: Amnesty International Publications, pp. 7 , A
and B.
Central News Agency. 1 March 1985.
"Mainland Soldiers Deserting Incidents on the Rise." (NEXIS)
Japan Economic Newswire. 28 December
1989. "Asian News: Chinese Army Refused to Crush Beijing Demos,
Paper Says." (NEXIS)
Los Angeles Times. 12 September
1988. Home Edition. "The World." (NEXIS)
Reuters. 20 October 1993. BC Cycle.
"China Orders Military Draft Registration." (NEXIS)
Asian Survey [Berkeley, Ca].
Monthly.
Australian Journal of Chinese
Affairs [Canberra]. Quarterly.
Country Reports on Human Rights
Practices. Yearly.
Critique: Review of the Department of
State's Country Reports on Human Rights Practices. Yearly.
Current History [Philadelphia].
Monthly.
Human Rights Watch. Yearly. Human
Rights Watch World Report.
Material from the Indexed Media
Review (IMR) or country files.
News From Asia Watch [New York].
Monthly.
Pacific Affairs [Vancouver].
Quarterly.
Oral Sources.