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China to formalize one-child policy

By Antoaneta Bezlova
May 24, 2001

Beijing - After more than 40 drafts and heated debates stretching over two decades, one of China's most controversial laws - its first legislation on family planning and population - is about to emerge. The law would bestow a legal mantle on the country's one-child population policy, which has been in practice since 1980.

"Conditions are ripe now to introduce this legislation, as the idea of family planning and the importance of reproductive health have been widely accepted by the public," Shi Chunjing, vice director of the Regulation Department with the State Family Planning Commission, said last month. If approved by the National People's Congress, China's parliament, the family planning and population law would provide a strong legal defense for China's draconian birth-control policy, often decried in the past by human rights organizations for using forced abortions and sterilizations. While experiments with more liberal approaches to family planning, which emphasize contraceptive choice over coercion, have increased markedly over recent years, most local officials remain under tremendous pressure to keep population growth rates low. This leads many of them to take extreme, often violent measures.

Even as the final draft of the law sailed through the first round of deliberations at the National People's Congress, reports about continuing abuses by birth control officials in many places in the country leaked through relatives of the victims and the Hong Kong press. A woman from southeastern Fujian province was beaten to death by birth control officials who wanted to sterilize her against her will, relatives of the victim told the Agence France Presse news agency. Sun Zhonghua, 34, from a farming family in Xiapu county in Fujian, was the mother of two boys aged 12 and 13.

She had refused to submit to sterilization, citing medical condition. Last week, Sun was taken away by birth control officials and beaten to death in their custody, her family said.

In April, the Hong Kong-based South China Morning Post reported that birth control officials in Zengcheng city, Guangdong province have incarcerated the aged relatives of migrant workers who had failed to return home for family planning check-ups. According to local residents, relatives of absent migrants were held in groups of four in cramped conditions with no toilets. Those migrants who did not have relatives who could be imprisoned as bargaining chips had their homes demolished, the newspaper said.

These cases are yet another sign that even as the family planning policy is set to become a law, its enforcement remains difficult, and made so also by China's large rural population. Other challenges the legislation faces are the aging of Chinese society and the worsening ratio between boys and girls, revealed sharply during the country's latest census in 2000.

Twenty years ago, China began implementing its strict birth-control policy, based on an "Open Letter", issued by the Central Committee of the Chinese Communist Party. The letter called on all Party and Youth League members to take the lead in practising the "one child per couple" family planning policy.

The family-planing policy stipulates that each couple living in the cities should have only one child, unless one or both of the couple are from an ethnic minority or they are both only children. In most rural areas, a couple may have a second child after a break of several years.

Today, China prides itself on having achieved the "three lows" - low birth rate, low death rate and low growth rate. China's census last year reported a population of 1.265 billion, an increase of 132 million, or 11.6 percent since the previous count 11 years ago. But the growth rate fell sharply during the decade, which saw an annual population growth rate of 1.07 percent - 0.4 percent points lower than the 1980s' growth rate. The census also found that the size of Chinese families had dropped significantly, from an average of 3.96 people to 3.44 people.

The government claims that its stringent birth-control policy had succeeded in avoiding a population explosion that would have endangered China's ability to feed its people. It says that the "one child" policy was responsible for preventing 250 million births in the past 20 years.

Accused of abuses in the past, family planning officials have defended themselves by saying China must feed 22 percent of the world's population on 7 percent of arable land. The rationale goes that if China's farmers are unable to produce enough grain to keep pace with population increases, the country's expanded imports of grain could affect other countries by driving up grain prices.

Yet despite the policy's draconian rules, family planning targets have been loosely enforced in many of China's poorest regions. Nowadays it is common to find couples in the countryside, where 80 percent of the population live, with five, six or even more children.

A surge of unplanned births among China's "floating" population of migrants is also hindering authorities' effort to control population growth. In recent years, millions of migrant workers have left for jobs in the cities and escaped the control of family planning officials.

One of the biggest challenges lying ahead is the aging of China's population, as revealed by last year fifth national census. China's population under 14 years old now accounts for 22.9 percent of the total, a drop of 4.8 percentage points from the previous census in 1990. As the country has no universal social security system, the question of who supports aging parents will be one of the most hotly debated as the law takes shape.

Another complicated issue will be China's worsening record of gender imbalance. The census revealed there were 117 boys born for every 100 girls in 2000, up from 114 in 1990. While the country prohibits sex-selective abortions, demographers say pressure to abort girls has been increased by family planning rules that limit couples to one or two children. In a mainly agrarian society like China, it is the son who carries the family line and girls face discrimination both before and after birth.

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