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China – Fujian – Family Planning – “Hidden” Children

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China – Fujian – Family Planning – “Hidden” Children Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: CHN31026 Country: China Date: 15 December 2006 Keywords: China – Fujian – Family Planning – Hidden children This response was prepared by the Country Research Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT 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. Questions 1. How many excess children are there in a family of two girls and then a son? 2. What would be the “social compensation fees” in a case like this? 3. Does a child born out of wedlock and/or outside a hospital receive a birth certificate and household registration? 4. Would the second daughter be entitled to a birth certificate? 5. Is there any evidence of hidden births or children? 6. What evidence is there that tubal ligations are required in Fujian? 7. How liberally or strictly is the One Child Policy applied in rural Fujian? RSPONSE 1. How many excess children are there in a family of two girls and then a son? Definitive information on this question was not found in the sources consulted. Under family planning regulations permission for the birth of additional children may vary according to the parents’ circumstances and their location. Sources indicate that in many provinces rural couples are allowed to have a second child if the first is a girl. In respect of Fujian, the current family planning regulations were adopted in 2002. Other family regulations were in place during the 1990s. Under Fujian’s 2002 Family Planning Regulation, Article 9 sets out the circumstances a second child is allowed: Article 9 A couple may give birth to a second child under any one of the following circumstances if they apply for it and are approved by the administrative department of the county in charge of family planning: (1) Husband and wife are both the only child in the family; (2) Either husband or wife is the only child of a martyr; (3) The couple were once diagnosed as sterile, adopted a child and becomes pregnant; (4) The first child cannot develop into a normal laborer due to his non-inherited disability technically appraised by the municipal district family planning administrative department. The couple are medically proved to be able to give birth to a normal infant; (5) Either husband or wife becomes disabled because of work accident with the disability grade at 2A and above; (6) Husband and wife are both residents from Hong Kong, Macao and Taiwan who have returned and reside in this province for less than six years (7) Remarried couple with one party never having any child and the other party having one child before remarriage; or one party of the remarried couple has lost the spouse and the remarried couple each have a child before remarriage that meets the requirement of the family planning regulation, in such cases, they shall be approved to have another child (Population and Family Planning Regulation of Fujian Province, Adopted by the 33rd Meeting of the Standing Committee of the Ninth Provincial People’s Congress on 26 July 2002 – Attachment 1). Article 10 of the regulation refers to rural couples: Article 10 A rural couple may apply for permission to give birth to a second child under any one of the following circumstances: (1) Either husband or wife is the only child in the family; (2) Husband’s brothers have no children at all and are all sterile; (3) The wife has not brother and has one only sister and the husband goes to reside with the wife’s family and support the wife’s parents; (4) Both husband and wife live in a township whose population density is less than fifty people per square kilometer and the average arable land for each person is more than two mu or the average forest land for each person is over thirty mu; (5) The couple has got only one daughter; Both husband and wife are fisherman and fisherwoman or either husband or wife is a mine worker working underground for over five years and is still working underground and has only one daughter; they may follow the stipulations of the preceding paragraph (5) (Population and Family Planning Regulation of Fujian Province, Adopted by the 33rd Meeting of the Standing Committee of the Ninth Provincial People’s Congress on 26 July 2002 – Attachment 1). During the 1990s, Article Six of the earlier Fujian Birth Planning Regulations covered rural couples. A copy of these regulations is attached (Greenhalgh, Susan and Winkler, Edwin A. 2001, Chinese State Birth Planning in the 1990s and Beyond, Immigration and Naturalization Service (INS) Resource Information Center, US Department of Justice, Perspective Series, September, pp.187-188 – Attachment 2). In respect of rural families sources have indicated that in many provinces couples are allowed to have a second child if their first child is a girl (‘Thirteen officials in NW China punished for family planning failure’ 2006, Xinhua News Agency, 5 May – Attachment 3; Coonan, Clifford 2006, ‘China’s hard line on family planning’, Irish Times, 9 May – Attachment 4). DFAT has advised that in the rural areas of Fujian more than half of all families have more than one child (Department of Foreign Affairs and Trade 2004, DFAT Report 287 – RRT Information Request: CHN16609, 22 April – Attachment 5). On people who give birth to a child before marriage, Article 14 of the 2002 regulation states: Article 14 It is forbidden to give birth to a child out of an extramarital affair or before the time stipulated by this Regulation. Under any of the following circumstances, the child born is regarded as born before the stipulated time by the Regulation: (1) Those who give birth to a child before they get married (including those who become pregnant before they reach legally marrying age); (2) Those who give birth to a second child without reaching the time span between the two children; (3) Those who meet the requirement to give birth to another child and fail to obtain the permission. Those who illegally adopt, give and abandon a child shall be viewed as childbirth in violation of family planning. Those who abandon children shall not be approved to give birth to any children (Population and Family Planning Regulation of Fujian Province, Adopted by the 33rd Meeting of the Standing Committee of the Ninth Provincial People’s Congress on 26 July 2002 – Attachment 1). In addition the regulations mention obtaining family planning certificates by fake marriage (Article 41) and covering up of those who give birth to children outside family planning (Article 42) (Population and Family Planning Regulation of Fujian Province, Adopted by the 33rd Meeting of the Standing Committee of the Ninth Provincial People’s Congress on 26 July 2002 – Attachment 1). Article 50 of the Fujian family planning regulation provides for “children adopted, given and abandoned” to be included in the “number of children” under that regulation (Population and Family Planning Regulation of Fujian Province, Adopted by the 33rd Meeting of the Standing Committee of the Ninth Provincial People’s Congress on 26 July 2002 – Attachment 1). 2. What would be the “social compensation fees” in a case like this? Article 39 of the 2002 Fujian family planning regulations sets out the parameters for the payment of a social compensation fee as follows: Article 39 Anyone who violates this Regulation by one of the acts listed below shall be ordered to pay the corresponding number of times of the average annual disposable income of the urban residents or the net average annual income of the rural peasants of the county in the previous year when the child is born in violation of this regulation as social compensation fee by family planning administrative department of the county or by township people’s government or urban neighborhood office appointed by such administrative department: (1) A social compensation of zero point six to one time shall be imposed on those who give birth to a child ahead of the schedule; (2) A social compensation of two to three times shall be imposed on those who give birth to the first additional child. A social compensation of four to six times shall be imposed on those who give birth to the second additional child. A much more heavy social compensation fee shall be imposed on those who give birth to the third or more additional child. (3) A social compensation of four to six times shall be imposed on those who give birth to a child born out of an extramarital affair. A much more heavy social compensation fee shall be imposed on those who give birth to the second child born out of an extramarital affair. If the actual annual income of the parties concerned exceeds the average annual disposable income of the urban residents or the net average annual income of the rural peasants of the county in the previous year, the actual income shall be used as the base to calculate the number of the social compensation fees. The decision in writing to impose social compensation fee shall be made by the family planning administrative department of the county. Such department may appoint the people’s government of township or town or the urban neighborhood office to make such decisions (Population and Family Planning Regulation of Fujian Province, Adopted by the 33rd Meeting of the Standing Committee of the Ninth Provincial People’s Congress on 26 July 2002 – Attachment 1). A 2004 US State Department profile reported on the payment of social compensation fees in Fujian: [122] According to the FPFPC, [Fujian Provincial Family Planning Committee] social compensation fees are based on per capita disposable income levels for rural households and per capita net income for urban households (the ‘baseline’).
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