[Joint House and Senate Hearing, 112 Congress]
[From the U.S. Government Publishing Office]
POPULATION PLANNING
=======================================================================
EXCERPTED
from the
2011 ANNUAL REPORT
of the
CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA
ONE HUNDRED TWELFTH CONGRESS
FIRST SESSION
__________
OCTOBER 10, 2011
__________
Printed for the use of the Congressional-Executive Commission on China
Available via the World Wide Web: http://www.cecc.gov
_____
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CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA
LEGISLATIVE BRANCH COMMISSIONERS
House
Senate
CHRISTOPHER H. SMITH, New Jersey, SHERROD BROWN, Ohio, Cochairman
Chairman MAX BAUCUS, Montana
CARL LEVIN, Michigan
DIANNE FEINSTEIN, California
JEFF MERKLEY, Oregon
SUSAN COLLINS, Maine
JAMES RISCH, Idaho
EXECUTIVE BRANCH COMMISSIONERS
SETH D. HARRIS, Department of Labor
MARIA OTERO, Department of State
FRANCISCO J. SANCHEZ, Department of Commerce
KURT M. CAMPBELL, Department of State
NISHA DESAI BISWAL, U.S. Agency for International Development
Paul B. Protic, Staff Director
Lawrence T. Liu, Deputy Staff Director
(ii)
Population Planning
Findings
Chinese government officials continued to
implement population planning policies that interfere
with and control the reproductive lives of its
citizens, especially women, employing various methods
including fines, withholding of state benefits and
permits, forced sterilization, forced abortion, and
arbitrary detention to punish policy violations.
The Commission observed in 2011 the continued
practice by local governments of specifically targeting
migrant workers for coercive implementation of family
planning policies.
The PRC Population and Family Planning Law is
not consistent with the standards set by the 1995
Beijing Declaration and the 1994 Programme of Action of
the Cairo International Conference on Population and
Development. Controls imposed on Chinese women and
their families and additional abuses engendered by the
system, from forced abortion to discriminatory policies
against ``out-of-plan'' children, also violate
standards in the Convention on the Elimination of All
Forms of Discrimination against Women, the Convention
on the Rights of the Child, and the International
Covenant on Economic, Social and Cultural Rights. China
is a state party to these treaties and is bound to
uphold their terms.
The Chinese government does not consistently
implement provisions in the PRC Population and Family
Planning Law (PFPL) that prohibit and provide
punishment for abuses in the implementation of
population planning policies. Article 4 of the PFPL
states that officials shall ``enforce the law in a
civil manner, and they may not infringe upon the
legitimate rights and interests of citizens.'' Under
Article 39, an official is subject to criminal or
administrative punishment if, in the implementation of
population planning policies, the official ``infringes
on a citizen's personal rights, property rights, or
other legitimate rights and interests'' or ``abuses his
power, neglects his duty, or engages in malpractices
for personal gain . . . .''
September 2010 marked the 30th anniversary of
the beginning of China's current family planning
efforts, and following this anniversary, the Commission
observed increased public discussion of the prospects
for family planning policy reform. Top Communist Party
and government leaders continue to publicly defend the
policy and rule out its cancellation in the near-term.
The Chinese government's population planning
policies continue to exacerbate the country's
demographic challenges, including a severely imbalanced
sex ratio--the highest in the world--an aging
population, and a decline in the working age
population.
Authorities released Chen Guangcheng, a self-
trained legal advocate who publicized population
planning abuses, from prison after he had completed his
full sentence on September 9, 2010. Following his
release, however, authorities have kept Chen and his
family under ``soft detention,'' or home confinement,
and continued to subject them to abuse and restrictive
control.
Recommendations
Members of the U.S. Congress and Administration officials
are encouraged to:
Urge Chinese government officials to cease
coercive methods of enforcing family planning policies.
Urge the Chinese government to dismantle coercive
population controls and provide greater reproductive
freedom and privacy for women.
Urge the Chinese government to reevaluate the PRC
Population and Family Planning Law and bring it into
conformance with international standards set forth in
the 1995 Beijing Declaration and the 1994 Programme of
Action of the Cairo International Conference on
Population and Development, as well as the Convention
on the Elimination of All Forms of Discrimination
against Women, the Convention on the Rights of the
Child, and the International Covenant on Economic,
Social and Cultural Rights.
Urge China's central and local governments to
enforce vigorously provisions under Chinese law that
provide for punishments of officials and other
individuals who violate the rights of citizens when
implementing population planning policies. Urge the
Chinese government to establish penalties, including
specific criminal and financial penalties, for
officials and individuals found to commit abuses such
as coercive abortion and coercive sterilization--
practices that continue in China despite provisions
under existing laws and regulations intended to
prohibit them. Urge the Chinese government to delink
material and financial incentives for officials from
their performance in implementing family planning
policies and thereby reduce or remove the impetus for
unlawful practices.
Support the development of programs and
international cooperation on legal aid and training
programs that help citizens pursue compensation under
the PRC State Compensation Law and that help citizens
pursue other remedies against the state for injury
suffered as a result of official abuse related to
China's population planning policies.
Call on the Chinese government to release Chen
Guangcheng and his family from extralegal detention and
to permit them to enjoy the freedoms of movement,
expression, and association, as provided under Chinese
law and international standards to which the Chinese
government has committed.
Introduction
China's population planning policies in both their nature
and implementation violate international standards. During the
Commission's 2011 reporting year, central and local authorities
continued to implement population planning policies in a manner
that interferes with and controls the reproductive lives of
Chinese citizens, especially women. Population planning
policies limit most women in urban areas to bearing one child,
while permitting slightly more than half of Chinese women--
located in many rural areas--to bear a second child if their
first child is female.\1\ The Commission notes continued debate
in the Chinese media about possible reform of these policies,
but has not observed government action to introduce national
reform measures.
Local officials continue to monitor the reproductive cycles
of Chinese women in order to prevent unauthorized births. The
Chinese government requires married couples to obtain a birth
permit before they can lawfully bear a child and forces them to
employ contraceptive methods at other times. Although Chinese
law prohibits officials from infringing upon the rights and
interests of citizens while promoting compliance with
population planning policies, reports during this reporting
year indicate that abuses continue. Mandatory abortion, which
is often referred to as a ``remedial measure'' (bujiu cuoshi)
in government reports, is endorsed explicitly as an official
policy instrument in the regulations of at least 18 of China's
31 provincial-level jurisdictions.\2\ This past year, the
Commission found that local officials continued to coerce women
with unauthorized pregnancies to undergo abortions in both
urban and rural areas across China.
International Standards
China's population planning policies in both their nature
and implementation constitute human rights violations according
to international standards. The 1995 Beijing Declaration and
the 1994 Programme of Action of the Cairo International
Conference on Population and Development provide for the
freedom to make reproductive decisions.\3\ The PRC Population
and Family Planning Law and provincial implementing guidelines,
however, limit couples' freedom of reproductive choice by
stipulating if, when, and how often they may bear children.\4\
Other domestic policies coerce compliance with population
planning targets through heavy fines.\5\ Controls imposed on
Chinese women and their families and additional abuses
engendered by the system, from forced abortion to
discriminatory policies against ``out-of-plan'' children,
violate standards in the Convention on the Elimination of All
Forms of Discrimination against Women,\6\ the Convention on the
Rights of the Child,\7\ and the International Covenant on
Economic, Social and Cultural Rights.\8\ China is a state party
to these treaties and is bound to uphold their terms.
Coercive Implementation
Chinese law prohibits certain types of official behavior in
the implementation of population planning policies. For
example, Article 4 of the PRC Population and Family Planning
Law (PFPL) states that officials ``shall perform their
administrative duties strictly in accordance with the law, and
enforce the law in a civil manner, and they may not infringe
upon the legitimate rights and interests of citizens.'' \9\
Article 39 states that an official is subject to criminal or
administrative punishment if he ``infringes on a citizen's
personal rights, property rights, or other legitimate rights
and interests'' or ``abuses his power, neglects his duty, or
engages in malpractices for personal gain'' in the
implementation of population planning policies.\10\ Despite
these provisions, the Commission has noted continued abuses in
the 2011 reporting year, as illustrated by the examples of
official campaigns and individual cases of abuse below.
official campaigns
During the 2011 reporting year, authorities in some areas
implemented population planning enforcement campaigns--in some
cases dubbed ``spring family planning service activities''
(chunji jisheng fuwu xingdong)--that employed coercive measures
to prevent or terminate ``out-of-plan'' pregnancies.\11\ For
example, in March 2011, the Yangchun city government in
Guangdong province reported that one such campaign had
commenced and that the ``focal points'' of the campaign were
the sterilization of mothers with two daughters and the
implementation of ``remedial measures'' for out-of-plan
pregnancies.\12\ Yangchun family planning officials were
directed to adopt ``man-on-man military tactics,'' ``launch
meticulous ideological work,'' and ``storm the fortifications
of `nail households' (dingzi hu) \13\ and `flight households'
(waitao hu) \14\ in a targeted manner.'' \15\
The Commission noted that this year, in official speeches
and government reports from a wide range of localities,
authorities also used the phrase ``spare no efforts'' (quanli
yifu) to signify intensified enforcement measures and less
restraint on officials who oversee coercive population planning
implementation measures. Between November 2010 and June 2011,
county and township governments in at least eight provincial-
level jurisdictions (Shandong,\16\ Anhui,\17\ Gansu,\18\
Guangdong,\19\ Hunan,\20\ Guangxi,\21\ Hubei,\22\ and Jiangxi
\23\) urged officials to ``spare no efforts'' in implementing
family planning campaigns including, in some cases, the ``two
inspections and four procedures'' (liangjian sishu)--or
intrauterine device (IUD) inspections and pregnancy inspections
(the two inspections), IUD implants, first-trimester abortions,
mid- to late-term abortions, and sterilization (the four
procedures).\24\
Reports surfaced in May 2011 regarding official
implementation of population planning policies which resulted
in the illegal abduction and sale of children by local
officials. From 2000 to 2005 in Hunan province,\25\ family
planning officials reportedly took at least 16 children--
allegedly born in violation of population planning policies--
from their families and sold them to local orphanages.\26\ In
many of the reported cases, officials took the children because
their families could not pay the steep fines levied against
them for violating population planning regulations.\27\
individual cases of violent coercion
Numerous reports emerged this past year illustrating family
planning officials' use from 2009 to 2011 of violence to coerce
sterilizations, abortions, or payment of fines. The following
are representative cases that occurred in eight different
provinces.
Hunan. In February 2009, local family planning
officials reportedly kidnapped Liu Dan, 39 weeks
pregnant with her first child, and forced her to
undergo an abortion because she had not yet reached the
age at which she could be legally married to the
child's father. Liu and the child reportedly died
during the procedure.\28\
Anhui. In July 2010, local family planning
officials reportedly kidnapped 23-year-old Li Hongmei
and forced her to undergo a sterilization procedure.
She later filed a lawsuit, which the local county
people's court did not accept on the grounds that the
case was ``unclear.'' \29\
Yunnan. In September 2010, officials
reportedly destroyed a man's home, harassed his family,
and reportedly beat his 67-year-old mother because the
man did not return home to pay family planning fines
and undergo a mandatory sterilization procedure.\30\
Shandong. In September 2010, local family
planning officials reportedly forced a woman surnamed
Xie to undergo an abortion when she was six months
pregnant because her husband had been three months
younger than the legal marriage age at the time the
child was conceived.\31\
Fujian. In October 2010, local family planning
officials reportedly kidnapped a woman who was eight
months pregnant and detained her for 40 hours. They
then forcibly injected her with a substance which
aborted the fetus. During this time, the woman's
husband was reportedly not permitted to see her.\32\
Henan. In November 2010, local family planning
officials reportedly kidnapped a man in order to force
him to pay the remainder of a fine for having a second
child. The same day, the village head notified his
family that he was in the hospital. When the family
went to see him, they reportedly found him dead under
unknown circumstances.\33\
Guizhou. In May 2011, local family planning
officials reportedly beat Zhang Xuequn and her husband
and forced her to undergo surgical implantation of an
intrauterine device, despite the fact that she showed
them her valid marriage license and birth permits and
that she was technically accountable to the government
in her home province of Zhejiang.\34\
Jiangxi. In May 2011, local officials
reportedly beat Zhang Julan and forced her to undergo
tubal ligation surgery after she and 10 other villagers
went to the town government to discuss officials'
illegal requisition of land. Zhang remained in the
hospital for at least one month following the procedure
due to injuries she sustained while in official
custody.\35\
Punishments and Rewards
Chinese authorities continued to use various methods of
punishment and reward to manage citizens' compliance with
population planning policies. For example, in accordance with
national policy,\36\ local governments continued to direct
officials to levy fines, termed ``social compensation fees''
(shehui fuyang fei), against couples who give birth to an
unauthorized child.\37\ These fines force many couples to
choose between undergoing an unwanted abortion and incurring
financial hardship.\38\ Often with court approval, family
planning officials are permitted to take ``forcible'' action
against families who are unwilling or unable to pay the
fines.\39\ These ``forcible'' actions are in violation of the
PRC Population and Family Planning Law and include the
confiscation of family belongings and the destruction of
violators' homes.\40\
In some cases officials not only levy fines against
violators but also threaten or impose other punitive measures,
including job loss, demotion, denial of promotion, expulsion
from the Communist Party, destruction of personal property,
arbitrary detention, and, in some cases, violence.\41\ Some
children may go without household registration (hukou) in China
because they are born ``out-of-plan'' and their parents do not
pay the necessary fines.\42\ According to sources cited in a
December 2010 Chinese Human Rights Defenders report, family
planning officials in some cases also reportedly withhold a
hukou from an otherwise eligible child whose mother refuses to
undergo sterilization or IUD insertion after the child's
birth.\43\ Lack of a valid hukou raises barriers to access to
social benefits typically linked to the hukou, including
government-subsidized healthcare and public education.\44\ [For
additional discussion of China's hukou system, see Section II--
Freedom of Residence and Movement.]
Some local governments offer rewards to informants who
report population planning violations. Local government reports
during the 2011 reporting year mentioned rewards for informants
in amounts ranging from 100 yuan (US$15) to 6,000 yuan (US$926)
per case for verified information on violations by either
citizens or officials, including concealment of out-of-plan
births, false reports of medical procedures, and falsified
family planning documents.\45\ Conversely, authorities in one
neighborhood in Chifeng city, Inner Mongolia Autonomous Region,
offered a reward of up to 20,000 yuan (US$3,085) for
information regarding non-medically necessary prenatal sex
determination examinations or performance of a sex-selective
abortion.\46\
Local governments similarly incentivized family planning
officials to ensure strict implementation of population
planning policies. For example, in March 2011, the Maojing
township government in Qingyang city, Gansu province, issued a
report on the ``outstanding results'' of the government's
``rectification activities.'' \47\ The report calls for
officials to ``spare no efforts'' (quanli yifu) in implementing
population policies and notes that village cadres face a
penalty of 1,500 yuan (US$230) for each woman with two
daughters whom they fail to sterilize. Conversely, they are
promised a reward of 500 yuan (US$77) for each tubal ligation
that they see through to completion.\48\ A March 2011 directive
from the Yangchun city government in Guangdong province
indicated a goal of fostering ``friendly one-upmanship'' and
``keen competition'' among family planning cadres, calling for
daily progress reports and participation in ``information
sharing meetings'' in which they are publicly praised or
criticized based on their reports.\49\ [See Official Campaigns
above.]
Targeting Migrant Workers
As in prior years, the Commission observed during its 2011
reporting year a number of reports indicating that some local
governments continue to target migrant workers specifically for
implementation, in some cases coercively, of family planning
policies. For example, in April 2011, the Sucheng township
government in Zuoquan county, Jinzhong municipality, Shanxi
province, called for a one-month ``superior services, superior
management'' campaign targeting migrant worker women ``who had
given birth, were pregnant, or may become pregnant again.'' As
part of the ``superior management'' efforts, Sucheng officials
were directed to ``adopt remedial measures''--a term often used
to refer to mandatory abortion--for out-of-plan pregnancies and
``levy social compensation fees in accordance with the law''
for out-of-plan births.\50\ In November 2010, the Tangshan city
government in Hebei province reprinted a China Population
Report article on the ``Six Rights and Six Obligations of the
Migrant Population.'' Obligations 5 and 6 directed that migrant
workers whose contraceptive measures ``fail'' should ``promptly
adopt remedial measures'' and that migrant workers who violate
family planning laws and regulations should pay the appropriate
``social compensation fees.'' \51\ The Commission also noted
directives from local governments in several provinces,
including Jiangsu,\52\ Guangdong,\53\ Shandong,\54\ and
Zhejiang,\55\ instructing local officials to take advantage of
the spring festival timeframe--a period when many migrant
workers return home to be with family--to target the migrant
population for family planning policy implementation and
services. [For additional information on official treatment of
migrant workers, see Section II--Freedom of Residence and
Movement and Section II--Worker Rights.]
Prospects for Policy Reform
September 2010 marked the 30th anniversary of the beginning
of China's current family planning policies,\56\ and following
this anniversary, the Commission observed increased public
discussion of the prospects for family planning policy
reform.\57\ According to a March 2011 Xinhua report, officials
in five provinces will introduce relaxed population planning
trial measures in 2011, allowing a second child for some
couples in which both persons are only children.\58\ The same
``loosened'' measures are already in effect in major
municipalities including Shanghai,\59\ Beijing,\60\ and
Tianjin.\61\ While census data released in 2011 may have also
sparked new debate among Chinese leaders regarding family
planning policies,\62\ top Communist Party and government
leaders continue to publicly defend the policy and rule out its
cancellation in the near term.\63\
Demographic Consequences
The Chinese government's population planning policies
continue to exacerbate the country's demographic challenges,
including an aging population, diminishing workforce, and
skewed sex ratio. Affected in recent decades by government
restrictions on the number of births per couple, China's total
fertility rate has dropped from 6.1 births per woman in 1949
\64\ to an estimated 1.5 births per woman in 2011,\65\
resulting in the rapid growth of China's aging population and
decline in the working-age population. In the 2011 reporting
year, officials continued to express concern about China's
aging population and its present and anticipated strain on the
country's social services.\66\ Several reports also have
emerged projecting that the recent decline in China's working-
age population may result in significant labor shortages by as
soon as 2013.\67\ [For additional information on China's
projected labor shortage, see Section II--Worker Rights.]
In response to government-imposed birth limits and in
keeping with a traditional cultural bias for sons, Chinese
parents continue the practice of sex-selective abortion,\68\
contributing to a severely skewed sex ratio--the highest sex
ratio in the world.\69\ In August 2011, Chinese state media
noted that China's sex ratio at birth ``is increasing,'' citing
the remarks of a senior Chinese health official at a press
conference.\70\ Some social and political scientists argue that
large numbers of ``surplus males'' could create social
conditions that the Chinese government may choose to address by
expanding military enlistment.\71\ Reports in the 2011
reporting year have also suggested a possible linkage between
China's large number of ``surplus males'' and an increase in
the trafficking of women and children for forced marriage or
commercial sexual exploitation.\72\ In August 2011, the State
Council issued the PRC Outline for the Development of Children
(2011-2020), which urged officials to ``step up efforts against
the use of ultrasound and other [forms of technology] to engage
in non-medically necessary sex determination and sex-selective
abortion.'' \73\
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Case Update: Chen Guangcheng
-------------------------------------------------------------------------
Public security officials continue to hold prominent rights advocate
Chen Guangcheng and his family under ``soft detention,'' or home
confinement, following his release from prison on September 9, 2010,
after serving his full sentence.\74\ Authorities reportedly beat Chen
Guangcheng and his wife Yuan Weijing in their home on February 8 \75\
and February 18, 2011.\76\ The beatings are believed to be in
connection with the couple's recording of video footage, released on
ChinaAid's Web site on February 9, in which Chen and Yuan spoke of the
official abuse and restrictive control the family has faced since
Chen's release.\77\ Officials reportedly did not permit Chen and Yuan
to seek medical care for their injuries sustained in the beatings.\78\
Foreign journalists and a ``netizen'' who attempted to visit Chen's
village following the release of this video reported encountering
``groups of violent, plainclothes thugs.'' \79\ Police also reportedly
detained several lawyers and rights defenders in Beijing in February
after they met to discuss Chen's case.\80\
------------------------------------------------------------------------
------------------------------------------------------------------------
Case Update: Chen Guangcheng--Continued
-------------------------------------------------------------------------
Chen is a self-trained legal advocate who drew international news
media attention to population planning abuses, particularly forced
abortions and forced sterilizations, in Linyi city, Shandong province,
in 2005.\81\ The Yinan County People's Court tried and sentenced Chen
in August 2006 to four years and three months in prison for
``intentional destruction of property'' and ``organizing a group of
people to disturb traffic order.'' \82\ Chen's trial, retrial, and
treatment in prison prompted repeated criticism for criminal procedure
violations and infringement of the rights of Chen and his family.\83\
Chen reportedly remains under ``soft detention'' with his family, and
his six-year-old daughter reportedly has not been permitted to leave
the house to attend school.\84\
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Endnotes
\1\ The population planning policy was first launched in 1979,
canonized as a ``fundamental state policy'' in 1982, and codified as
national law in 2002. As of 2007, 19 of China's 31 provincial-level
jurisdictions--accounting for 53.6 percent of China's population--allow
rural dwellers to have a second child if their first child is a girl.
Gu Baochang et al, ``China's Local and National Fertility Policies at
the End of the Twentieth Century,'' 33 Population and Development
Review 133, 138 (2007). Other exceptions to the one-child rule vary by
provincial-level jurisdiction, and include some exceptions for ethnic
minorities. See ``The Origin of China's Current Birth Policy''
[Zhongguo xianxing shengyu zhengce youlai], China Net, 18 April 08;
Chinese Human Rights Defenders, ``I Don't Have Control Over My Own
Body,'' 21 December 10, 6. According to Chinese Human Rights Defenders,
``In 1984, the Central Committee issued a document outlining its
`current family planning policy,' which stated that rural residents
with one daughter could have a second child, while ethnic minorities
could have between two and four children. Since then, even more
exceptions to the original `one-child' rule have been added by local
governments. These exceptions are numerous, detailed and differ across
the country. For example, the Shandong Provincial Population and Family
Planning Regulations lists 14 circumstances in which couples are
permitted to have more than one child.''
\2\ This number is based on Commission analysis of population
planning measures. These jurisdictions include Tianjin, Zhejiang,
Guangdong, Shandong, Fujian, Hebei, Hubei, Chongqing, Shaanxi,
Heilongjiang, Shanxi, Xinjiang, Henan, Qinghai, Jiangxi, Sichuan,
Guangxi, Anhui, Gansu, Yunnan, and Guizhou. For two specific examples,
see ``Revised `Guangdong Province Population and Family Planning
Regulations' Published'' [Xiuding hou de ``guangdong sheng renkou yu
jihua shengyu tiaoli'' gongbu], Guangzhou Beiyun District Zhongloutian
Public Information Net, 29 June 09; ``Jiangxi Province Population and
Family Planning Regulations'' [Jiangxi sheng renkou yu jihua shengyu
tiaoli], Jiangxi News Net, 11 April 09; Bureau of Democracy, Human
Rights, and Labor, U.S. Department of State, ``Country Report on Human
Rights Practices--2008, China (includes Tibet, Hong Kong, and Macau),''
25 February 09, 6. The Beijing Municipal Population and Family Planning
Commission clearly draws the link between the term ``remedial
measures'' and abortion: ``early term abortion refers to the use of
surgery or pharmaceutics to terminate a pregnancy before the 12th week
of gestation, it is a remedial measure taken after the failure of
contraception.'' See Beijing Municipal Population and Family Planning
Commission, ``Early Term Abortion'' [Zaoqi rengong liuchan], 10 April
09.
\3\ Beijing Declaration and Platform for Action (1995), para. 17.
The Beijing declaration states, ``The explicit recognition and
reaffirmation of the right of all women to control all aspects of their
health, in particular their own fertility, is basic to their
empowerment.'' Cairo International Conference on Population and
Development, para. 7.2. The Cairo International Conference on
Population and Development states, ``Reproductive health . . . implies
. . . that people are able to have . . . the capability to reproduce
and the freedom to decide if, when and how often to do so. Implicit in
this last condition are the right of men and women to be informed and
to have access to safe, effective, affordable and acceptable methods of
family planning of their choice . . . .'' On the concept of ``illegal
pregnancy'' and its use in practice, see Elina Hemminki et al.,
``Illegal Births and Legal Abortions--The Case of China,'' Reproductive
Health, Vol. 2, No. 5 (2005).
\4\ PRC Population and Family Planning Law [Zhonghua renmin
gongheguo renkou yu jihua shengyu fa], adopted 29 December 01,
effective 1 September 02, art. 18. According to Article 18, ``The State
maintains its current policy for reproduction, encouraging late
marriage and childbearing and advocating one child per couple. Where
the requirements specified by laws and regulations are met, plans for a
second child, if requested, may be made.'' Implementing regulations in
different provinces vary on the ages at which couples may give birth
and the number of children they are permitted to have. See Chinese
Human Rights Defenders, ``I Don't Have Control Over My Own Body,'' 21
December 10, 6-7.
\5\ Chinese Human Rights Defenders, ``I Don't Have Control Over My
Own Body,'' 21 December 10, 18-19. See, e.g., Pan Lihua, Qingdao
Municipal Population and Family Planning Commission, ``Shinan District:
Spare No Efforts in Completing Population Planning, Welcome Inspection
Work'' [Shinanqu: quanli yifu zuohao jisheng ying jian gongzuo], 16
November 10; Zhu Xiulin, Xiushui County Government, ``[Xiushui] County
Plans To Deploy 2011 New Year Spring Family Planning Service
Activities'' [Wo xian anpai bushu 2011 nian yuandan chunjie qijian
jihua shengyu fuwu huodong], 15 January 11; Wu Yapeng, Songyang County
Government, ``Fengping Town Strengthens Family Planning Work''
[Fengping xiang jiaqiang jisheng gongzuo lidu], 5 May 11; Taihe County
Open Government Information Platform, ``Chengjiang Township Launches
Population Planning Concentrated Fortification Campaign'' [Chengjiang
zhen kaizhan jihua shengyu jizhong gongjian huodong], 14 April 11.
\6\ Convention on the Elimination of All Forms of Discrimination
against Women, adopted and opened for signature, ratification, and
accession by General Assembly resolution 34/180 of 18 December 79,
entry into force 2 September 81, China signed 17 July 80, ratified 4
November 80, arts. 2-3, 16(1)(e).
\7\ Convention on the Rights of the Child, adopted and opened for
signature, ratification, and accession by UN General Assembly
resolution 44/25 of 20 November 89, entry into force 2 September 90,
China signed 29 August 90, ratified 2 March 92, arts. 2-4, 6, 26.
\8\ International Covenant on Economic, Social and Cultural Rights
(ICESCR), adopted by UN General Assembly resolution 2200 A (XXI) of 16
December 66, entry into force 3 January 76, China signed 27 October 97,
ratified 27 March 01, art. 10(3).
\9\ PRC Population and Family Planning Law [Zhonghua renmin
gongheguo renkou yu jihua shengyu fa], enacted 29 December 01,
effective 1 September 02, art. 4.
\10\ Ibid., art. 39.
\11\ See, for example, Maonan District Population and Family
Planning Bureau, ``Leaders Pay Attention, Responsibilities Fulfilled,
Real Action Taken, Maonan District Spring Family Planning Concentrated
Services Campaign [Achieves] Outstanding Results'' [Lingdao zhongshi,
zeren luoshi, zhenzhua shigan, maonanqu chunji jisheng jizhong fuwu
huodong chengxiao xianzhu], 13 May 11; Chenzhou City People's
Government, ``(Shijiao Town) Early Planning, Early Activities To
Soundly Launch Spring Family Planning Centralized Services Campaign''
[(Shijia xiang) zao mouhua, zao xingdong zhashi kaizhan chunji jisheng
jizhong fuwu huodong], 21 February 11; Yangchun City People's
Government, ``Chuncheng Neighborhood Spring Family Planning Services
Activities Off to a Good Start'' [Chuncheng jiedao chunji jisheng fuwu
huodong kaiju hao], 4 March 11.
\12\ Yangchun City People's Government, ``Chuncheng Neighborhood
Spring Family Planning Services Activities Off to a Good Start''
[Chuncheng jiedao chunji jisheng fuwu huodong kaiju hao], 4 March 11.
\13\ ``Nail households'' is used in this context to refer to
families who resist government population planning efforts.
\14\ ``Flight households'' is used in this context to refer to
families who have left their homes to evade official reprisal for
noncompliance with population planning policies.
\15\ Yangchun City People's Government, ``Chuncheng Neighborhood
Spring Family Planning Services Activities Off to a Good Start''
[Chuncheng jiedao chunji jisheng fuwu huodong kaiju hao], 4 March 11.
\16\ Pan Lihua, Qingdao Municipal Population and Family Planning
Commission, ``Shinan District: Spare No Efforts in Completing
Population Planning, Welcome Inspection Work'' [Shinanqu: quanli yifu
zuohao jisheng ying jian gongzuo], 16 November 10.
\17\ Population and Family Planning Commission of Huoqiu County,
``[Huoqiu] County Convenes County-wide Second Quarter Family Planning
Focused Services Work Meeting'' [Woxian zhaokai quanxian di'er jidu
jihua shengyu jizhong fuwu gongzuohui], 25 January 11; Mingguang City
Open Government Information Net, ``Longshan Community Spares No Efforts
in Carrying Out Family Planning Special Clean-Up Work'' [Longshan shequ
quanli yifu zuohao jihua shengyu zhuanxiang qingli gongzuo], 1 April
11.
\18\ Shandan County Population and Family Planning Commission,
``Weiqi Town 2011 Population and Family Planning Work Plan'' [Weiqi
zhen 2011 nian renkou he jihua shengyu gongzuo anpai], 28 February 11;
Population and Family Planning Commission of Gansu, ``Shenchuan Town
Proposes Four Measures and Launches Spring Family Planning Superior
Services Activity'' [Shenchuan xiang sicuo bingju kaizhan chunji jihua
shengyu youzhi fuwu huodong], 28 March 11.
\19\ Su Xianchao, Yangchun City People's Government, ``Chuncheng
Neighborhood Spring Family Planning Services Activities Off to a Good
Start'' [Chuncheng jiedao chunji jisheng fuwu huodong kaiju hao], 4
March 11.
\20\ Tang Zhenghai and Gong Ren, ``Luxi Spares No Efforts in
Contending To Become the Province-wide Model County in Population and
Family Planning Work'' [Luxi quanli yifu zheng chuang quansheng renkou
jisheng gongzuo mofan xian], Unity Newspaper, reprinted in Xiangxi
Tujia Autonomous Prefecture Official Web site, 21 March 11.
\21\ People's Government of Tengxian Guangxi, ``Pingfu Town
Proposes Many Measures and Launches Spring Family Planning Superior
Services Activities'' [Pingfu xiang duo cuo bingju kaizhan chunji jihua
shengyu youzhi fuwu huodong], 12 April 11.
\22\ Population and Family Planning Commission of Gong'an County,
``Maojiagang Town 2011 Annual First-Half-of-the-Year Population and
Family Planning Work Situation'' [Maojianggang zhen 2011 niandu
shangbannian renkou he jihua shengyu gongzuo qingkuang], 25 May 11.
\23\ Fengcheng City People's Government, ``Hutang Town Population
and Family Planning Action Month-Long Exercise Achieves Three Clear
Results'' [Hutang xiang jihua shengyu xingdong yue huodong qude sange
mingxian chengxiao], 2 June 11.
\24\ For one such example in which the two examinations and four
procedures are clearly enumerated, see Population and Family Planning
Commission of Gong'an County, ``Maojiagang Town 2011 Annual First-Half-
of-the-Year Population and Family Planning Work Situation''
[Maojianggang zhen 2011 niandu shangbannian renkou he jihua shengyu
gongzuo qingkuang], 25 May 11. Some government reports refer to ``three
examinations,'' instead of two. The third examination in these
references is an examination for the presence of a gynecological
disease or illness. Chinese Human Rights Defenders, ``I Don't Have
Control Over My Own Body,'' 21 December 10, 10.
\25\ The original source, Caixin, reported that the abductions
happened between 2000 and 2005. The New York Times reported that the
abductions occurred between 1999 and 2006. Shangguan Jiaoming, ``In
Hunan, Family Planning Turns to Plunder,'' Caixin Net, 10 May 11;
Sharon LaFraniere, ``Chinese Officials Seized and Sold Babies, Parents
Say,'' New York Times, 4 August 11.
\26\ Shangguan Jiaoming, ``In Hunan, Family Planning Turns to
Plunder,'' Caixin Net, 10 May 11; Sharon LaFraniere, ``Chinese
Officials Seized and Sold Babies, Parents Say,'' New York Times, 4
August 11; Zhao Hejuan, ``Hunan Officials Launch Inquiry Over Sale of
Children,'' Caixin Net, 16 May 11.
\27\ Shangguan Jiaoming, ``In Hunan, Family Planning Turns to
Plunder,'' Caixin Net, 10 May 11; Sharon LaFraniere, ``Chinese
Officials Seized and Sold Babies, Parents Say,'' New York Times, 4
August 11.
\28\ Chinese Human Rights Defenders, ``I Don't Have Control Over My
Own Body,'' 21 December 10, 12.
\29\ ``Anhui Young Married Woman Undergoes Forced Sterilization,
Lawsuit Rejected by Courts'' [Anhui shaofu bei qiangzhi jueyu, xiang
fayuan ti qisu zaoju], Radio Free Asia, 17 November 10.
\30\ ``Zhaotong, Yunnan Villagers Accused of Exceeding Birth
Limits, Town Officials Destroy New House and Accuse Entire Family''
[Yunnan zhaotong cunmin bei zhi chaosheng, zao xiangguan daohui xinfang
zhulian quanjia], Radio Free Asia, 29 October 10.
\31\ Chinese Human Rights Defenders, ``I Don't Have Control Over My
Own Body,'' 21 December 10, 12. For another example of violence during
family planning implementation in Shandong, see Chinese Human Rights
Defenders, ``Another Bloody Family Planning Case Erupts in Chen
Guangcheng's Hometown Linyi, 22 Year Old Youth Cruelly Killed'' [Chen
guangcheng laojia linyi zai bao jisheng xue'an, 22 sui qingnian canzao
shahai], 27 March 11. According to this report, in March 2011, local
family planning officials and hired personnel entered the home of Xu
Shuaishuai in order to take away his sister for an unnamed birth
control surgery. In an argument that ensued between his father and the
personnel, Xu came to his father's defense and reportedly was fatally
stabbed by one of the personnel.
\32\ ``Xiamen Woman Eight Months Pregnant Forced To Abort, Also
Kidnapped and Beaten'' [Xiamen huaiyun bageyue funu bei qiangzhi
yinchan, bing ceng canzao bangjia ji ouda], Radio Free Asia, 13 October
10. See also Chinese Human Rights Defenders, ``I Don't Have Control
Over My Own Body,'' 21 December 10, 10.
\33\ ``Henan Villager Beaten to Death for Exceeding Birth Limit,
Thousand People Carry Coffin and Protest at Town Government'' [Henan
cunmin yin chaosheng bei dasi, qianren tai guancai zhenzhengfu kangyi],
Radio Free Asia, 19 November 10.
\34\ Chinese Human Rights Defenders, ``Hangzhou Woman Forcibly
Subjected to Birth Control Surgery in Guizhou Province'' [Hangzhou nuzi
zai guizhou bei qiangxing zuo jieyu shoushu], 22 May 11. For an
additional case of coercive implementation in Guizhou, see Chinese
Human Rights Defenders, ``Another Violent Family Planning Incident
Outside of Guiyang'' [Guiyang chengjiao zaici fasheng baoli jihua
shengyu shijian], 30 May 11.
\35\ Chinese Human Rights Defenders, ``Xinyu Village, Jiangxi Woman
Undergoes Forced Tubal Ligation for Exposing Illegal Land Requisition''
[Jiangxi xinyu cunfu yin jielu weigui zhengdi bei qiangzhi jieza], 19
June 11.
\36\ PRC Measures for Collection of Social Compensation Fees
[Shehui fuyang fei zhengshou guanli banfa], issued 2 August 02,
effective 1 September 02, arts. 3, 7.
\37\ See, e.g., Pan Lihua, Qingdao Municipal Population and Family
Planning Commission, ``Shinan District: Spare No Efforts in Completing
Population Planning, Welcome Inspection Work'' [Shinanqu: quanli yifu
zuohao jisheng ying jian gongzuo], 16 November 10; Zhu Xiulin, Xiushui
County Government, ``[Xiushui] County Plans To Deploy 2011 New Year
Spring Festival Family Planning Service Activities'' [Wo xian anpai
bushu 2011 nian yuandan chunjie qijian jihua shengyu fuwu huodong], 15
January 11; Wu Yapeng, Songyang County People's Government, ``Fengping
Town Strengthens Family Planning Work'' [Fengping xiang jiaqiang
jisheng gongzuo lidu], 5 May 11; Taihe County Open Government
Information Platform, ``Chengjiang Township Launches Population
Planning Campaign Focused on Storming the Fortifications'' [Chengjiang
zhen kaizhan jihua shengyu jizhong gongjian huodong], 24 December 10.
\38\ Chinese Human Rights Defenders, ``I Don't Have Control Over My
Own Body,'' 21 December 10, 18.
\39\ Bureau of Democracy, Human Rights and Labor, U.S. Department
of State, ``Country Reports on Human Rights Practices--2010, China
(includes Tibet, Hong Kong, and Macau),'' 8 April 11, 54. For more
information on the role of courts in family planning implementation,
see Chinese Human Rights Defenders, ``I Don't Have Control Over My Own
Body,'' 21 December 10, 27.
\40\ PRC Population and Family Planning Law [Zhonghua renmin
gongheguo renkou yu jihua shengyu fa], adopted 29 December 01,
effective 1 September 02, art. 39. According to Article 39, officials
are to be punished either criminally or administratively for the
following acts: ``(1) infringing on a citizen's personal rights,
property rights or other legitimate rights and interests; (2) abusing
his power, neglecting his duty or engaging in malpractices for personal
gain; (3) demanding or accepting bribes; (4) withholding, reducing,
misappropriating or embezzling funds for family planning or social
maintenance fees; or (5) making false or deceptive statistic data on
population or family planning, or fabricating, tampering with, or
refusing to provide such data.''
\41\ See, e.g., Pingdu Government Affairs Net, ``Are Village
Officials Relieved From Their Post if They Violate Population Planning
Policies During Their Term of Office? '' [Cunguan renqinei weifan jihua
shengyu falu fagui zhongzhi zhiwu ma?], 16 February 11; ``Hunan
Officials Launch Inquiry Over Sale of Children,'' Caixin Net, 16 May
11; Chinese Human Rights Defenders, ``I Don't Have Control Over My Own
Body,'' 21 December 10, 19-23. See also CECC, 2008 Annual Report, 31
October 08, 97.
\42\ Chinese Human Rights Defenders, ``I Don't Have Control Over My
Own Body,'' 21 December 10, 13, 26. According to the report, ``The
management of the hukou system is the domain of the Ministry of Public
Security and it refuses to issue hukous to children without birth
permits, children of unmarried parents, and children whose parents for
some reason have not completed the required procedures. Without a
hukou, a child cannot apply for an ID card and thus does not have a
legal identity, is not a citizen and consequently is deprived of the
rights accorded to other Chinese citizens.'' Zhang Hui, ``City Cuts
Fines on Second Child,'' Global Times, 23 August 10. According to one
expert quoted in this report, ``Children born outside State scrutiny
will enjoy equal rights as the first child only after the family pays
the fine and registers them.''
\43\ Chinese Human Rights Defenders, ``I Don't Have Control Over My
Own Body,'' 21 December 10, 15-16.
\44\ Yan Hao and Li Yanan, ``Urban Hukou, or Rural Land? Migrant
Workers Face Dilemma,'' Xinhua, 10 March 10; Tao Ran, ``Where There's a
Will, There's a Way To Reform,'' China Daily, 22 March 10.
\45\ See, e.g., Jishan County People's Government, ``Jishan County
Population and Family Planning Report Reward System and Report
Telephone Number'' [Jishan xian renkou yu jihua shengyu youjiang jubao
zhidu he jubao dianhua], 27 April 11; Tai'an City People's Government,
``Family Planning Report Reward Measures'' [Jihua shengyu youjiang
jubao banfa], 20 November 04; Chengguan Town People's Government,
``Fengtai County Chengguan Town Family Planning Report Reward
Implementation Program'' [Fengtai xian chengguan zhen jihua shengyu
youjiang jubao shishi fang'an], 17 March 11; Yulong Neighborhood Web
site, ``Family Planning Report Reward System'' [Jihua shengyu youjiang
jubao zhidu], 12 June 11. See also Chinese Human Rights Defenders, ``I
Don't Have Control Over My Own Body,'' 21 December 10, 15-16.
\46\ Yulong Neighborhood Web site, ``Family Planning Report Reward
System'' [Jihua shengyu youjiang jubao zhidu], 12 June 11.
\47\ Li Haixi, Population and Family Planning Commission of
Qingyang, ``Effectiveness of Maojing Township Family Planning
Concentrated Remediation Activities Significant'' [Maojing xiang jihua
shengyu jizhong zhengzhi huodong chengxiao xianzhu], 28 March 11.
\48\ Ibid.
\49\ Yangchun City People's Government, ``Chuncheng Neighborhood
Spring Family Planning Services Activities Off to a Good Start''
[Chuncheng jiedao chunji jisheng fuwu huodong kaiju hao], 4 March 11.
\50\ ``Zuoquan County Sucheng Township Launches `Two Superiors'
Family Planning Activities for Migrant Worker Population'' [Zuoquan
xian sucheng xiang kaizhan liudong renkou jihua shengyu `shuang you'
huodong], China Net Focus on Shanxi, 4 April 11.
\51\ ``The Six Rights and Six Obligations of the Migrant
Population'' [Liudong renkou de liuxiang quanli he liuxiang yiwu],
China Population Report, reprinted in Tangshan City People's
Government, 23 November 10.
\52\ Qidong City People's Government, ``Circular Regarding Soundly
Completing 2011 Springtime Population and Family Planning Services
Management Work for Migrant Populations'' [Guanyu zhashi zuohao 2011
nian chunjie qijian liudong renkou jihua shengyu fuwu guanli gongzuo de
tongzhi], 19 January 11.
\53\ Fengyang Neighborhood Web site, ``Fengyang Street Actively
Launches Migrant Population Investigation, Cleanup and Services
Management Work'' [Fengyang jie jiji kaizhan liudong renkou qingcha
qingli he fuwu guanli gongzuo], 10 March 11.
\54\ Dongying City People's Government, ``Circular Regarding
Completing Migrant Population Family Planning Management Services Work
During the Spring Festival'' [Guanyu zuohao chunjie qijian liudong
renkou jihua shengyu guanli fuwu gongzuo de tongzhi], 25 January 11.
\55\ Shaoxing City Yuecheng District People's Government, ``Jishan
Street Launches Spring Festival Migrant Population Services Promotion
Event'' [Jishan jiedao kaizhan chunjie qijian liudong renkou xuanchuan
fuwu huodong], 26 January 11.
\56\ Feng Wang and Cai Yong, The Brookings Institution, ``China's
One Child Policy at 30,'' 24 September 10.
\57\ The Commission observed an increase in reports from domestic
academic observers as well as state-controlled media outlets discussing
family planning policy reform in late 2010 and surrounding the 2011
annual meetings of the National People's Congress and Chinese People's
Political Consultative Conference. Several reports highlighted debate
among officials and experts. See, for example, Zuo Xuejin, ``Time To
Drop the One-Child Policy,'' Chinadialogue, 15 September 10;
``Guangdong Province Population and Family Planning Committee Director
Zhang Feng: There Is Hope for Two Child Policy in 2033'' [Guangdong
sheng jishengwei zhuren zhang feng: 2033 nian you wang fangkai sheng er
tai], Sina, 24 September 10; ``China May Expand Two-Child Policy to
Urban Areas,'' People's Daily, 7 March 11; Jeremy Page, ``On Beijing
Topic List: One-Child Policy's Future,'' Wall Street Journal, 9 March
11; ``Li Yining Discusses Adjusting Family Planning Policy: Relaxation
Is Not Unrestricted'' [Li yining tan tiaozheng jihua shengyu zhengce:
fangkai bushi wu xianzhi], People's Daily, reprinted in Phoenix Net, 10
March 11; ``Delegates Debate Easing of China's One-Child Policy,''
Xinhua, 12 March 11; Mu Guangzong, ``Debate: Family Planning,'' China
Daily, 21 March 11; Josh Noble, ``End of the One-Child Policy Coming?
'' Financial Times, 8 March 11.
\58\ ``Two-Child Policy May Be Tried in Some Areas, Difficult To
Implement Nationwide in the Short-Term'' [Fangkai sheng ertai zhengce
keneng shidian duanqi nanyi quanmian shishi], Xinhua, 12 October 10.
See also Mimi Lau, ``Get Ready for an Easing of the One-Child Policy in
2033,'' South China Morning Post, 26 September 10.
\59\ Central People's Government of the People's Republic of China,
``Shanghai Municipality Population and Family Planning Commission:
Urban Residents Who Meet One of 12 Criteria May Have a Second Child''
[Shanghai shi renkou jisheng wei: shimin fu 12 zhong tiaojian zhiyi ke
sheng ertai], 28 July 09.
\60\ Beijing Municipal Commission of Population and Family
Planning, ``Beijing Municipal Commission of Population and Family
Planning Publishes Circular on the Provisions on Examination and
Approval for the Birth of a Second Child'' [Beijing shi renkou he jihua
shengyu weiyuanhui yinfa ``guanyu shenpi shengyu di'er ge zinu de
guiding'' de tongzhi], reprinted in Beijing Language and Culture
University, 14 April 04.
\61\ Tianjin Beichen District Commission on Population and Family
Planning, ``Tianjin Municipality Current Policy on Giving Birth to a
Second Child'' [Tianjin shi xianxing shengyu ertai zhengce], 15 July
10.
\62\ ``China Census Shows Population Aging Rapidly,'' Associated
Press, reprinted in USA Today, 28 April 11; ``Population Census Data
Shows That It Is Appropriate To Do a Pragmatic Readjustment of
Population Policy'' [Renkou pucha shuju xianshi dui renkou zhengce yi
zuo wushi tiaozheng], Study Times, reprinted in Hexun, 17 May 11;
``Challenges and Countermeasures,'' Beijing Review, 26 May 11.
\63\ ``President Hu Pledges To Keep China's Birth Rate Low To
Ensure Economic Growth,'' Associated Press, reprinted in Washington
Post, 27 April 11. In a March 5 work report, Premier Wen Jiabao stated,
``We will adhere to the basic state policy on family planning and
progressively improve it.'' Wen Jiabao, ``Full Text: Report on the Work
of the Government,'' Xinhua, 15 March 11.
\64\ ``Total Population, CBR, CDR, NIR and TFR in China (1949-
2000),'' China Daily, 20 August 10.
\65\ U.S. Central Intelligence Agency, ``The World Factbook,''
accessed 14 June 11. While China's National Bureau of Statistics
estimated China's fertility rate at 1.8 in 2007, in May 2011 a group of
Chinese academics publicly refuted the number, stating that it had been
``grossly overestimated.'' These academics estimate that China's total
fertility rate more accurately stands anywhere from 1.63 to below 1.5.
See ``China's Total Fertility Rate Grossly Overestimated: Academic,''
Caijing, 17 May 11.
\66\ ``China's Aging Population Big Challenge to Pension System:
Minister,'' Xinhua, 8 March 11; ``Vast `Empty Nests,' Disabled Aging
Population Challenging China's Social Network,'' Xinhua, 2 March 11. Of
particular concern are China's pension and healthcare systems. For more
information on China's limited capacity to support its aging
population, see Nicholas Eberstadt, Swiss Re Center for Global
Dialogue, ``The Demographic Risks to China's Long-Term Economic
Outlook,'' 24 January 11, 7.
\67\ ``National Labor Shortage Looms on Horizon,'' Global Times, 3
May 11; Jui-te Shih and Staff Reporter, ``Labor Shortages Spread to
More Regions, Industries in China,'' Want China Times, 17 June 11;
Jianmin Li, Jamestown Foundation, ``China's Looming Labor Supply
Challenge? '' 8 April 11; Nicholas Eberstadt, Swiss Re Center for
Global Dialogue, ``The Demographic Risks to China's Long-Term Economic
Outlook,'' 24 January 11, 3.
\68\ PRC Population and Family Planning Law [Zhonghua renmin
gongheguo renkou yu jihua shengyu fa], adopted 29 December 01,
effective 1 September 02, art. 22. According to Article 22,
``Discrimination against, maltreatment, and abandonment of baby girls
are prohibited.'' State Commission for Population and Family Planning,
Ministry of Health, State Food and Drug Administration, Regulations
Regarding the Prohibition of Non-medically Necessary Gender
Determination Examinations and Sex-Selective Termination of Pregnancy''
[Guanyu jinzhi fei yixue xuyao de tai'er xingbie jianding he xuanze
xingbie de rengong zhongzhi renshen de guiding], issued 29 November 02,
effective 1 January 03. For discussion of these regulations, see
``China Bans Sex-Selection Abortion,'' Xinhua, reprinted in China Net,
22 March 03.
\69\ According to United Nations Population Division statistics,
China's sex ratio at birth (SRB) in 2010 was the highest in the world
at 120 males per females born. The next highest was Azerbaijan at 117,
followed by Armenia at 115, Federated States of Micronesia at 111, and
the Republic of Korea at 110. Population Division of the Department of
Economic and Social Affairs of the United Nations Secretariat, ``World
Population Prospects: The 2010 Revision,'' 31 August 11. According to
one demographer's analysis, ``ordinary human populations regularly and
predictably report [SRBs of] 103 to 105.'' Nicholas Eberstadt, Swiss Re
Center for Global Dialogue, ``The Demographic Risks to China's Long-
Term Economic Outlook,'' 24 January 11, 7. For recent statistics
regarding sex-selective abortion in China see, Wei Xing Zhu, Li Lu, and
Therese Hesketh, ``China's Excess Males, Sex Selective Abortion and One
Child Policy: Analysis of Data From 2005 National Intercensus Survey,''
British Medical Journal, 9 April 09, 4-5. For one observer's analysis
of these statistics, see ``A Study of Sex-Selective Abortion,'' China
YouRen blog, 13 May 10.
\70\ ``China Faces Increasing Gender Ratio,'' Xinhua, reprinted in
China Daily, 9 August 11.
\71\ See Valerie M. Hudson and Andrea M. den Boer, Bare Branches:
Security Implications of Asia's Surplus Male Population (Cambridge: MIT
Press, 2004).
\72\ See ``China Gender Gap Fuelling Human Trafficking: Report,''
Agence France-Presse, reprinted in China Post, 22 September 10. See
also, World Health Organization, Office of the High Commissioner for
Human Rights, United Nations Population Fund, United Nations Children's
Fund, and United Nations Entity for Gender Equality and the Empowerment
of Women, ``Preventing Gender-Biased Sex Selection,'' 14 June 11, 5;
Susan W. Tiefenbrun and Christie J. Edwards, ``Gendercide and the
Cultural Context of Sex Trafficking in China,'' 32 Fordham
International Law Journal 731, 752 (2009); Therese Hesketh et al.,
``The Effect of China's One-Child Policy After 25 Years,'' New England
Journal of Medicine, Volume 353, No. 11 (2005), 1173; Nicholas
Eberstadt, ``A Global War Against Baby Girls: Sex-Selective Abortion
Becomes a Worldwide Practice,'' Handbook of Gender Medicine, reprinted
in All Girls Allowed, 1 May 11. According to this report, ``Some
economists have hypothesized that mass feticide, in making women
scarce, will only increase their `value'--but in settings where the
legal and personal rights of the individual are not secure and
inviolable, the `rising value of women' can have perverse and
unexpected consequences, including increased demand for prostitution
and an upsurge in the kidnapping and trafficking of women (as is now
reportedly being witnessed in some women-scarce areas in Asia)[.]''
\73\ PRC State Council, PRC Outline for the Development of Women
[Zhongguo funu fazhan gangyao], issued 30 July 11; PRC State Council,
PRC Outline for the Development of Children [Zhongguo ertong fazhan
gangyao], issued 30 July 11.