Chinese Internal Rural Migrant Children and Their Access to Compulsory Education
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CHINESE INTERNAL RURAL MIGRANT CHILDREN AND THEIR ACCESS TO COMPULSORY EDUCATION By Wenxin Li, Queen Mary, University of London Submitted in partial fulfilment of the requirements of the Degree of Doctor of Philosophy Declaration I declare that the work present in this thesis is my own. Any work from other authors is duly referenced and acknowledged. Name: Wenxin Li Date: 2 Abstract CHINESE INTERNAL RURAL MIGRANT CHILDREN AND THEIR ACCESS TO COMPULSORY EDUCATION During a period of unprecedented rapid urbanisation and social transformation in China, this thesis considers the children of internal rural migrants and their access to compulsory education in the regions where they settle. There are currently 38 million such children. Institutional and systemic challenges often bar them from receiving an education of adequate quality, equal to that of their peers. The thesis reviews the legal and regulatory framework covering childrens’ right to education at both international and national domestic levels. It then describes the actual experience of internal migrant children attempting to access schools, and analyses the main factors barring them from the education they are entitled to. These barriers are categorised in a ‘4-A’ conceptual framework – Availability, Accessibility, Acceptability, Adaptability. The research draws on a range of secondary data, supplemented by interviews conducted with personnel engaged in education in Beijing. The main findings are that, though the legal framework of rights is generally sufficient, inadequate institutional and normative arrangements and lack of government accountability (at all levels) work together to hinder proper implementation of relevant laws and regulations. The problem is exacerbated by the institutional barrier of hukou- based enrolment and registration, and deepened even further by the current cadre and local governance arrangements, with the information asymmetry they engender. The thesis concludes that, at central, provincial and municipal levels, adequate funding for the education of migrant children must be assured, especially in the dense receiving regions. A new enrolment system is required based on a child’s current place of residence. Finally, a reform of the current civil service and cadre management systems is needed, with a move away from current growth-oriented development strategies that impose policy burdens and subordinate the children’s good to the pursuit of economic targets. 3 CONTENTS Abstract 3 Charts and Illustrations 6 Acknowledgements 7 Dedication 8 CHAPTER ONE: INTRODUCTION 9 1.1 Background to this research 9 1.2 Definitions and clarification 16 1.2.1 Internal migrant workers 16 1.2.2 Internal rural migrant children 17 1.2.3 Rights to education and duties of providing it in international law and Chinese domestic legislation 18 1.3 Research questions 27 1.4 Methodology 27 1.4.1 The legal framework 27 1.4.2 The experience of migrant children 28 1.4.3 Barriers hindering attainment of the ‘4As’ 31 1.5 Literature review 32 1.6 Structure of the thesis 35 CHAPTER TWO: THE RIGHT OF CHILDREN TO EDUCATION: THE INTERNATIONAL AND CHINESE NATIONAL LEGAL ARCHITECTURE 37 2.1 Outline of Chapter 2 37 2.2 Recognition of the protection of the right to education in international legal instruments 38 2.2.1 The genealogy of the right to education in international law 38 2.2.2 Availability, Accessibility, Acceptability and Adaptability of the right to education in international law 48 2.2.3 Conclusions on the right to education in international law 72 2.3 Recognition of the need to protect the right to education in national Chinese law 74 2.3.1 Introduction to the social and political context of education in China 74 2.3.2 The legal position of children in China 83 2.3.3 The legal position on the right of children to education in Chinese law 91 2.3.4 Conclusions on the right to education in China 99 2.4 A review of national policy development for improving compulsory education for internal migrant children in China 99 2.4.1 Introduction 99 2.4.2 Development of the key policy paradigm on migrant children and their access to compulsory education at national level: characteristics and indications 103 2.4.3 Summary of the development of the key policy paradigm on migrant children and their access to compulsory education at national level 125 2.5 Conclusion to Chapter 2 127 4 CHAPTER THREE: LIVED EXPERIENCE OF INTERNAL RURAL MIGRANT CHILDREN ACCESSING EDUCATION IN RECEIVING CITIES 128 3.1 Outline of Chapter 3 128 3.2 Lived experience of internal migrant children entering the educational system 128 3.2.1 Attendance and the entry system 128 3.2.2 Fees 132 3.2.3 Enrolment 135 3.2.4 The transition from primary to secondary level and beyond 139 3.3 Lived experience of schools for migrant children 149 3.3.1 The general situation of privately-run schools for migrant children 149 3.3.2 An example of a privately-run school for migrant children: fieldwork conducted at Ming Yuan Elementary School 164 3.3.3 An example of a state school for migrant children: fieldwork conducted at Guang An Junior High School 168 3.4 Social exclusion and discrimination against migrant children 171 3.5 Conclusion to Chapter 3 175 CHAPTER FOUR: AVAILABILITY, ACCESSIBILITY, ACCEPTABILITY AND ADAPTABILITY OF EDUCATION FOR INTERNAL MIGRANT CHILDREN IN CHINA 177 4.1 Outline of Chapter 4 177 4.2 Main barriers to the attainment of Availability, Accessibility, Acceptability and Adaptability of education for internal migrant children in China 179 4.2.1 Availability of education for internal migrant children 179 4.2.2 Accessibility of education for internal migrant children 191 4.2.3 Acceptability of education for internal migrant children 215 4.2.4 Adaptability of education for internal migrant children 223 4.2.5 Accountability of government 227 4.3 Conclusions to Chapter 4 256 CHAPTER FIVE: CONCLUSION 257 5.1 Priorities in a time of change 257 5.2 Main findings 262 5.2.1 The capacities of state schools: educational inequality through unbalanced resource distribution and lack of political will 262 5.2.2 The accountability issue 264 5.2.3 The hukou-based enrolment and registration system 273 5.3 Conclusion 273 5.4 Implications 274 Appendix 1: Fieldwork pictures of Ming Yuan Migrant School 289 Appendix 2: Fieldwork pictures of Guan An Junior State High School 298 Bibliography 304 5 Charts 1 Administrative hierarchy and public expenditure on compulsory education at 242 different levels of government 2 Allocation of responsibilities at different levels of government in 243 enforcement of the ‘Two Main Principles’ Illustrations Ming Yuan Migrant School 1 A basin in the school 290 2 A classroom 291 3 Heating 292 4 A corridor 293 5 The playground 294 6 Outside the school 295 7 The girls’ toilets 296 8 The school gate 297 Guan An Junior State High School 9 A corridor 299 10 The playground in its setting 300 11 Outside the school 301 12 Another outside view 302 13 A sports area 303 6 ACKNOWLEDGEMENTS The completion of this PhD was not only a meaningful research experience, but also a valuable journey in personal development. Nevertheless, I would hardly have finished it without the continual tremendous help, support and encouragement from many people. I would particularly like to express my sincere appreciation to Professor Kate Malleson, Professor Jonathan Herring, Professor Alan Dignam and Professor Malgosia Fitzmaurice who ‘dragged’ me out of the most difficult period during my study. My two PhD supervisors, Professor Herring and Professor Malleson, have been extremely helpful, conscientious and supportive not only in the formulation and development of the thesis, but also in helping me with my funding applications and internship. I would also like to thank Professor Geraldine Van Bueren, who guided me in the field of international law and child rights, for her initiative supervision and guidance. Equally important gratitude is due to my proofreader, Mr. Jon Ashby. Without his great dedication and professionalism throughout my doctoral research, the thesis would not have been completed to such a good standard. Special thanks to Stuart Perrin, the former Deputy Director of the Language Centre at Queen Mary for his kind support and friendship, especially during my difficult period. This work was financially supported by: my parents; Mr. Lennie Fisher; the Sir Richard Stapley Educational Trust; the Great Britain-China Centre; the International Federation of University Women and a Modern Law Review Scholarship. On a personal note, I am greatly indebted to my loving, caring parents and to my family who have always stood by me, not only supporting me through the most difficult times in my PhD life, but also in my pursuit of more general goals. My dearest mother has given me her unconditional love, wisdom and understanding; my father’s passionate, courageous and uplifting attitudes have continually inspired me. I would like to express much gratitude to my lovely friends who have been supportive and caring, and have been so patient in listening to all my thoughts and feelings. They are, in particular, Yonit Percival, Chen Dong, Helen Zhang, Gary Gu and John Adam. Most importantly, I would like to express my deepest appreciation to my Buddhist teachers, Dingzhen Rinpoche and Da Chan, and my life mentor Mr. Shen, all of whom have continued to inspire me throughout. 7 Dedication This thesis is dedicated to all children, those living and those yet to be born. The famous Chinese philosopher Lao Tzu said, ‘A journey of a thousand miles begins with a single step.’ This thesis, aimed at raising awareness of the need to protect marginalised children in China, is intended also as a ‘single step’ which will contribute to the eventual formulation of a regional convention on the rights of the child in Asia, a convention which as yet is still lacking.