Table des matières

List of Contributors

• CANADIAN CONTRIBUTORS
• CHINESE CONTRIBUTORS

Editors’ Note

Acknowledgements

Errol P. Mendes

Introduction

• A. THE SOCIAL CHALLENGES AND ACCOMPANYING ISSUES OF DISCRIMINATION AGAINST RURAL AND MIGRANT WORKERS AND INHABITANTS
• B. THE SOCIAL CHALLENGES AND ACCOMPANYING DISCRIMINATION FACING RURAL WOMEN AND MIGRANT WOMEN WORKERS
• C. THE SOCIAL CHALLENGES AND ACCOMPANYING DISCRIMINATION FACING DISABLED PERSONS IN CHINA
• D. THE SOCIAL CHALLENGES AND ACCOMPANYING DISCRIMINATION AGAINST THOSE LIVING WITH OR AFFECTED BY HIV/AIDS
• E. THE SOCIAL CHALLENGES AND ACCOMPANYING DISCRIMINATION AGAINST ABORIGINAL AND ETHNIC MINORITIES
• CONCLUSION

Part one. Discrimination against Rural and Migrant Workers

Wenran Jiang

Chapter One. Prosperity at the Expense of Equality

Migrant Workers are Falling Behind in Urban China’s Rise

• I. THE DYNAMICS OF CHINA'S SOCIAL CRISIS
• 1. What do statistics, or the lack of them, indicate?
• 2. How to measure social stability, or the lack of it?
• 3. When will the “tipping point” come, if ever?
• II. THE STATUS OF CHINA'S MIGRANT WORKERS
• 1. China's migrant workers 101
• 2. Discrimination against migrant workers
• III. PARADIGM SHIFTS IN DEALING WITH CHINA'S MIGRANT WORKERS

Gong Renren

Chapter Two. The Historical Causes of China’s Dual Social Structure

• I. INTRODUCTION
• (I) Prerequisite for Respect of Human Rights: The Principle of Non-Discrimination
• (II) Basic Characteristics of Discrimination against Chinese Farmers
• (III) Issues for Deliberation
• II. CHARACTERISTICS OF A DUAL SOCIAL STRUCTURE
• (I) Proposal of the Concept of Dual Social Structure
• (II) Differences between the Dual Social Structure and the Dual Economy
• (III) General Characteristics of the Dual Social Structure
• III. THE BEGINNING OF CHINA’S DUAL SOCIAL STRUCTURE
• (I) When it Started
• 1. Before 1949, the dual social structure did not exist in China
• 2. 1953: Major Turning Point
• IV. CHOOSING THE SOVIET MODEL
• (I) Complete Sovietization
• (II) Historical Reasons for Choosing the Soviet Model
• V. HEAVY INDUSTRY – THE PRIORITY
• (I) Establishment of Guidelines on the Priority of Developing Heavy Industry
• (II) Priority on the Development of Heavy Industry and the Emergence of the Dual Social Structure
• 1. Farmers “tribute” (gong shui) provided funds for industrialization
• 2. The priority on heavy industry directly restricted farmers’ ability to change occupation
• VI. HIGHLY CENTRALIZED PLANNED ECONOMY
• (I) Creating a Planned Economy in China
• (II) The Planned Economy in the Countryside: “Centralized Procurement and Distribution of Food” Policy
• (III) Influence of a Planned Economy on the Emergence of the Dual Social Structure
• 1. Direct Impact on the Movement of Labour
• 2. Impact of “Centralized Procurement and Distribution of Food” on the Dual Urban-Rural System
• VII. AGRICULTURAL COLLECTIVIZATION
• (I) China’s Agricultural Collectivization Movement was Modelled after the USSR’s Collective Farms
• (II) Implications of Rural Collectivization for the Dual Social Structure
• 1. Providing organizational framework for industrial capital accumulation
• 2. Further widening economic divide between urban and rural areas
• 3. The Constraining “Unit System”
• VIII. DUAL HUKOU AND SUPPORT SYSTEMS FOR RURAL AND URBAN AREAS
• (I) Legal Restrictions on Fanners’ Freedom of Movement and Residence
• 1. From the Soviet Residence ID to China’s Dual Hukou
• 2. The direct cause for the introduction of the Household Registration Regulations of 1958
• 3. The expansion and completion of the dual household registration system that delineating the urban and rural populations
• (II) Other Related Systems that Reinforced the Dual Social Structure
• IX. CHINESE FARMERS’ RIGHTS AFTER REFORM AND OPENING-UP
• (I) Increasing Urban-Rural Disparity
• (II) Two Distinct Forms of Discrimination against Farmers after China’s Reform and Opening-up
• 1. Land expropriation generated wealth for officials and businesses and deprived “sanwu” farmers of land
• 2. Identity discrimination against migrant workers
• X. CONCLUSION

Wang Keqin

Chapter Three. Restoring Private Ownership of Rural Lands to Safeguard the Basic Rights of Farmers

• 1. RURAL LAND DISPUTES: SERIOUS INJUSTICE IN CHINESE RURAL AREAS
• 1.1 The Land “Enclosure Movement” Driven by Governments and Developers
• 1.2 The Major Forms of Infringement and Deprivation of Farmers’ Land Rights
• 1.2.1 Infringement and Deprivation of Farmers Land Contract Management Rights
• 1.2.2. Infringement of and Deprivation of Farmers’ Land Title
• 2. FUNDAMENTAL CAUSES FOR THE ABSENCE OF A GUARANTEE OF FARMERS’ LAND RIGHTS
• 2.1 Unreasonable Institutions that Lead to the Hollowing of Farmers’ Land Rights
• 2.2 The Drawbacks of Rural Democracy
• 3. THE IMPORTANCE AND URGENCY OF RESTORING PRIVATE LAND OWNERSHIP
• 3.1 Restoring Rights to the People and Transforming the Virtual NonExistence of Public-Ownership to Ownership by Every Family to Guarantee the Fundamental Rights of Farmers
• 3.2 Clear Properly Rights to Facilitate the Establishment of a Modern Agricultural System and Agricultural Development
• 3.3 Property Rights Protect the Environment and Render Development Sustainable
• 3.4 Privatization of Land Title has Important Significance in Reducing Social Disputes, Ensuring Social Stability, and Stabilizing Local Fiscal Revenue
• 4. EVOLUTION OF CHINA’S LAND REGIME AND HISTORICAL CHOICES
• 4.1 Private Ownership and Private Operation
• 4.2 Private Ownership and Collective Operation
• 4.3 Public Ownership and Collective Operation
• 4.4 Public Ownership and Private Operation
• 5. Analysis of Several “Concerns”
• 5.1 “Privatization Will Affect the Essential Qualities of Socialism”
• 5.2 “Privatization Will Lead to Farmers’ Massive Loss of Land and Further Social Instability”
• 5.3 “Privatization Will Lead to a Food Crisis”
• 5.4 “Privatization Will Lead to Further Wealth Disparity in the Rural Areas”
• 6. CONCLUSION AND RECOMMENDATION

Cui Chuanyi et Cui Xiaoli

Chapter Four. Changing the Policy Paradigm on Chinese Migrant Workers

Towards Balanced Urban and Rural Development, People-Orientation, Equal Treatment and Consultative Management

• I. FORMATION OF THE MIGRANT WORKER GROUP AND ITS SOCIO-ECONOMIC IMPLICATIONS
• II. CHARACTERISTICS AND LIMITATIONS OF THE OLD POLICY PARADIGM ON MIGRANT WORKERS
• Key characteristics of the 1990s policy paradigm:
• 1. Planned economy-engendered administrative control and restriction
• 2. Urban-rural dualistic division and unequal identity and rights constituted discrimination
• 3. Prevention and Control
• 4. Multi-Department Policies Lacked in Consistency
• III. THE FORMATION OF NEW MIGRANT WORKER POLICIES
• IV. KEY ASPECTS AND CHARACTERISTICS OF THE NEW POLICIES
• (1) Key Aspects of the New Policies
• (2) Characteristics of the New Policies
• V. DIFFICULTIES IN THE IMPLEMENTATION OF NEW POLICIES
• (1) Existing problems during execution of new policies: Continued serious infringements of the socio-economic rights of migrant workers
• (2) Migrant workers have no right to participate in rural social administration; they have no channel to express their desire to promote their own welfare; and the balance between urban policy-making and other interwoven interests is disturbed
• (3) Some local governments continue to impose restrictions
• VI. RECOMMENDATIONS ON IMPROVING THE ENFORCEMENT OF NEW POLICIES
• (1) Raise awareness on the serious consequences that result from unfair treatment of migrant workers
• (2) Understand the status of migrant workers in urban socio-economic development and the necessity of fair-treatment policies and consultative rule
• (3) Adopt People-Oriented, Fair Treatment and Consultative Rule-Driven Measures and Policies

Wang Xinan

Chapter Five. Chinese Farmers’ Right of Access to Judicial Relief

An Investigative Report into Forest Land Expropriation Claims by Hebei Farmer Wen Shengcun

• INTRODUCTION
• I. BACKGROUND
• II. WEN SHENGCUN V. NORTH CHINA POWER GROUP AND BEIJING POWER TRANSMISSION AND TRANSFORMATION COMPANY: A CASE OF DISPUTE OVER FOREST TREES
• III. KEY ISSUES PREVENTING FARMERS’ACCESS TO JUDICIAL RELIEF
• IV. THREE MAIN CAUSES AFFECTING FARMERS’ACCESS TO JUDICIAL RELIEF
• (1) A Justice System Driven by Political Correctness
• (2) Corrupt and Imperious Justice System
• (3) Legal Services Are Beyond Farmers’ Reach
• CONCLUSION: THE PROPOSAL TO ESTABLISH NON-GOVERNMENTAL ANTICORRUPTION ORGANIZATIONS

Zhang Yulin

Chapter Six. China’s War on its Environment and Farmers’ Rights

A Study of Shanxi Province

• I. THE EXPANSION AND DISTRIBUTION OF WEALTH AND ITS ECOLOGICAL PRICE
• 1. A Different Kind of “Mine Accident”
• 2. Shanxi’s Sky
• 3. Shanxi’s Rivers and Well-Springs
• 4. Shanxi’s Lands
• II. DISASTER DISTRIBUTION: ANOTHER KIND OF INEQUALITY
• 1. Distribution of Disaster Zones
• (1) Social and Geographical Characteristics of Serious Disaster Areas
• (2) Areas of High Disease Incidence
• 2. Disaster Distribution by Groups and Social Strata
• (1) Government Officials and Entrepreneurs: Geographical Differentiation Versus Level of Affliction
• (2) Victims of Depression Areas (Areas with Mining-Induced Subsistence)
• III. WHERE BOTH LAND AND INSTITUTIONS ARE “HOLLOW”
• 1. Different Migrant Groups
• 2. Farmers in Depressed Areas: Walk Out or Wait
• The Da’antou Village of Yangcheng County
• Taoniu village at Linshi County
• Jiaozhong Village, also located at Linzhi County, and not far from the renowned Wang Courtyard (wangjia dayuan)
• CONCLUDING REMARKS: LOOKING TO THE FUTURE THROUGH A WINDOW ON THE PAST?
• POSTSCRIPT

Part two. Discrimination against Women

Lanyan Chen

Chapter Seven. The Gendered Reality of Migrant Workers in Globalizing China

• INTRODUCTION
• CONCEPTUALIZING GENDER EQUITY IN RURAL-TO-URBAN MIGRATION
• The Conceptual Framework
• International Standards and China's Implementation
• Gender Relational Perspective in Policy Research
• Gender Gaps in Chinese Economic and Migration Policies
• Gendered Impacts of Economic Policies on Migration
• Gendered Impacts of Social Policies on Migration
• CONCLUSION: PRIORITY AREAS FOR FUTURE RESEARCH

Liang Jianguo et Xu Weihua

Chapter Eight. An Analysis of Rural Women’s Entitlements to Land and Other Property

• I. AN OVERVIEW OF THE RESEARCH
• II. PROBLEMS AND THEIR MANIFESTATIONS RELATING TO RURAL WOMEN’S RIGHT AND ENTITLEMENT TO LAND
• 1. Infringements of Rural Women’s Right and Entitlement to Land Increase Year by Year
• 2. More Women Fall Victim to Infringements
• 3. More Forms of Infringement
• A. Rural collectives take back a woman’s land when she moves out of the village after marriage
• B. Rural collectives take back land from divorced and widowed rural women
• C. There is a lack of protection for the rights of men who move in with their wife’s family after marriage
• D. Rural women’s land rights and entitlements are infringed upon in the process of transferring rural land rights
• E. Villages arbitrarily remove the hukou of some rural women who marry urban citizens
• 4. Lack of Effective Remedies
• III. AN ANALYSIS OF THE REASONS BEHIND THIS PROBLEM
• 1. REASONS RELATED TO CHINA’S REALITY
• 2. Current Laws and Policies are Inadequate
• A. Loopholes in the current legal framework
• B. Poor Linkage Between Laws
• C. Gender equality is not considered when some laws and policies are made
• 3. Inadequate Publicity of Laws
• 4. Lack of Effective Remedies
• A. Administrative inaction
• B. Lack ofEffective Judicial Remedies
• i) Ambiguity with litigation parties
• ii) Legal provisions that land compensation should not be divided and distributed
• C. Lack of non-litigation channels to solve conflicts
• D. The current response is passive and not preventative
• E. Women are often a disadvantaged group in village organizations
• 5. Legacy of Traditional Concepts and Customs
• IV. POLICY RECOMMENDATIONS AND SUGGESTIONS
• 1. The Standing Committee of the National People’s Congress should improve legislation
• A. Clarify membership of rural economic entities
• B. During marriage between two rural households, land contracting right should be adjusted according to changed status of family members and their hukou
• C. Individual rights should be protected separately from the rights of families
• D. The law should also provide for clear-cut regulations on the usage and distribution of compensation for land expropriation and corresponding mechanisms in case of disputes
• E. Property contracts on rural lands should be normalized
• 2. Adoption of Local Legislation to Protect Women’s Rights should be Accelerated
• 3. Dissemination of the State Policy of Gender Equality and Relevant Laws and Regulations should be Strengthened
• 4. Local Governments’ Responsibilities in Protecting Women’s Right to Land should he Reinforced
• 5. Judicial Remedies to Women Victims should be Provided
• 6. The People’s Congresses over the Implementation of Laws and Regulations should Intensify Supervision
• 7. Legal Services should be Procured from Civil Organizations or Nongovernmental Organizations (NGOs)
• Case One
• Case Two

Colleen Sheppard

Chapter Nine. Systemic Discrimination and Gender Inequality

A Life Cycle Approach to Girls’ and Women’s Rights

• I. INTRODUCTION
• II. LEGAL RECOGNITION OF SYSTEMIC DISCRIMINATION
• (i) Adverse Effect Discrimination
• (ii) Systemic Discrimination
• III. GENDER INEQUALITY ACROSS THE LIFE CYCLE: EXPANDING THE HISTORICAL AND SPATIAL TRAJECTORIES
• IV. CONCLUSION: RETHINKING LEGAL STRATEGIES

Part three. Discrimination against the Disabled

Wang Zhijiang

Chapter Ten. A Study on Legislative Inhibition of Discrimination on the Basis of Disability

• I. DISCRIMINATION ON THE BASIS OF DISABILITY – AN OVERVIEW
• (I) Definition
• (II) Causes of Discrimination on the Basis of Disability
• (III) CLASSIFICATION OF FORMS OF DISCRIMINATION ON THE BASIS OF DISABILITY
• 1. Direct Discrimination and Indirect Discrimination
• 2. Discrimination in Politics, Education, Employment, Culture, Sports and Consumption
• 3. Personal Discrimination, Organizational Discrimination and State Discrimination
• 4. Discrimination against Disabled Persons and Discrimination against Related Persons
• II. INHIBITING DISCRIMINATION AGAINST PERSONS WITH DISABILITIES
• (I) Reasons for Prohibition
• 1. Discrimination on the Basis of Disability is a Common Phenomenon
• 2. Discrimination against Disability Leads to Serious Consequences
• 3. Discrimination against Disability will not Disappear Naturally
• 4. Discrimination against Disability is an Abnormal Social Phenomenon
• (II) Legislative Inhibition of Discrimination against Disabled Persons
• III. UNITED NATIONS’LEGISLATIVE INHIBITION OF DISCRIMINATION AGAINST DISABILITY
• (I) United Nations Efforts
• (II) Legislative Inhibition of Discrimination on the Basis of Disability under the UN Convention on the Rights of Persons with Disabilities
• 1. Inhibitive Legislative Institution Provided under the Convention
• 2. Means of Legislative Prohibition Provided under the Convention
• 3. Monitoring of the Conventions Implementation
• IV. LEGISLATIVE PROHIBITION ON THE DISCRIMINATION AGAINST DISABILITY IN THE UNITED STATES
• V. THE LEGISLATIVE INHIBITION OF DISCRIMINATION ON THE BASIS OF DISABILITY IN HONG KONG
• VI. THE CHINESE LEGISLATIVE MECHANISM PROHIBITING DISCRIMINATION ON THE BASIS OF DISABILITY
• (I) The Chinese Legislative Framework on the Inhibition of Discrimination against Persons with a Disability
• 1. The Constitution of the People’s Republic of China
• 2. Law on the Protection of Persons with Disabilities
• 3. Regulations on the Employment of Persons with Disabilities
• 4. Regulations on the Education of Persons with Disabilities
• (II) Chinese Organizations that Inhibit Discrimination against Persons with Disability
• (1) Disabled Persons’ Work Committee
• (2) Administrative Organs
• (3) Disabled Persons’ Federation
• (4) The Courts and Arbitration Organs
• VIII. LEGISLATIVE INHIBITION OF DISCRIMINATION AGAINST DISABILITY: A RECOMMENDATION
• 1. Establish a Sound Legal System to Prohibit Discrimination against the Disabled
• 2. Clear Definition of what Behaviour Constitutes Discrimination on the Basis of Disability
• 3. Establish a Special Agency for the Inhibition of Discrimination on the Basis of Disability
• 4. Establish a Multi-Channelled Dispute Resolution Mechanism for Discrimination on the Basis of Disability

Part four. Discrimination Against Those Living with HIV/AIDS

David Patterson

Chapter Eleven. The Application of International and Regional Instruments to HIV-Related Discrimination in China and Southeast Asia

• I. INTERNATIONAL INSTRUMENTS
• 1. Paris AIDS Summit 1 December 1994
• 2. United Nations human rights treaties
• 3. Instruments of the International Labour Organization
• 4. Resolutions of the World Health Assembly
• 5. Resolutions of the General Assembly
• II. REGIONAL INSTRUMENTS
• 1. Asia-Pacific Economic Cooperation (APEC)
• 2. Association of Southeast Asian Nations
• 3. United Nations Regional Task Force on Mobility and HIV Vulnerability Reduction (UNRTF)
• 4. Memorandum of Understanding for Joint Action to Reduce HIV Vulnerability Related to Population Movement
• III. DISCUSSION
• 1. What has been the contribution of international and regional instruments to national responses to HIV-related discrimination, as evidenced by law and policy reform?
• 2. How can the role of international and regional instruments be strengthened in support of national responses to HIV-related discrimination?
• IV. CONCLUSION

Barbara Clow et Linda Snyder

Chapter Twelve. Gender and HIV/AIDS

Understanding and Addressing Stigma and Discrimination Among Women and Girls

• INTRODUCTION
• SEX, GENDER AND HIV
• SEX, GENDER AND HIV/AIDS IN CANADA
• ENGENDERING THE RESPONSE TO HIV/AIDS
• CONCLUSION

Ma Yinghua, Ding Suqin, Wang Chao et al.

Chapter Thirteen. Promoting the Right to Education for AIDS Orphans and Vulnerable Children (OVC)

A Study on Anti-Discrimination

• DESIGN AND METHOD
• I. Policy Review
• II. On-Site Research
• (I) Study Site and Study Subject
• 1. Study Site
• 2. Study Subject
• (II) Measurement Tools and Parameters
• 1. Quantitative Analysis
• 2. Qualitative Analysis
• (III) Data Analysis
• 1. Quantitative Analysis
• 2. Qualitative Analysis
• (IV) Ethical Issues
• RESULTS AND ANALYSIS
• Part 1. Outcome of Policy Analysis
• I. Provisions in Documents on International Human Rights on Non-Discrimination and the Right to Education
• II. Legislation and Enforcement of Non-Discrimination and the Right to Education in China
• (I) Relevant Domestic Legislation
• (II) Enforcement of Laws and Policies
• Part 2. On-Site Investigation
• I. Outcome of Quantitative Research
• (I) Results of the Analysis of the KAP Questionnaire
• 1. Basic Information of Study Subjects
• (1) Students
• (2) Parents
• (3) Teachers
• (4) General Public
• 2. Public Attitude towards AIDS
• 3. Public Awareness of Rights and Policies
• (1) Right to Education
• (2) Privacy
• (II) Results of Analysis of the Stigma Questionnaire
• 1. Basic Information of Study Subjects
• (1) Students
• (2) Parents
• (3) OVCs
• 2. HIV Stigma Comparison
• Case 1
• 3. Comparison of Stigma of Children Orphaned by AIDS
• Case 2
• II. Results of Qualitative Analysis
• (I) Summary of Open-Ended Questions in KAP Questionnaire
• (II) Results of Interviews with Students
• 1. Overview of Students Interviewed
• 2. Results of Interviews with Students
• (III) Results of Interviews with Teachers
• 1. Overview of Teachers Interviewed
• 2. Results of Interview with Teachers
• (IV) Results of Interviews with Persons Living with HIV
• 1. Overview of Infected Persons Interviewed
• 2. Results of Interviews
• (V) Results of Interviews with OVCs
• 1. Overview of OVCs Interviewed
• 2. Summary of Results of Interviews
• DISCUSSION
• I. Policies
• II. The Public
• 1. Positive attitude, such as sympathy and care, of the public (including students, parents, teachers and the general public) towards OVCs
• 2. Despite a positive attitude towards OVCs, some members of the public still display attitudes of avoidance and rejection if there is an OVC near them
• 3. Anti-discrimination characteristics of students, parents and teachers
• III. OVCs
• 1. OVCs face different degrees of discrimination in school
• 2. The stigma experienced by OVCs is stronger than the stigma perceived by the public
• 3. The public and OVCs hope to see special schools for OVCs built
• RECOMMENDATIONS

Qin Mingrui et Lai Xiaole

Chapter Fourteen. The State of Life and Survival Strategies of AIDS-infected Rural Women

An Analysis Based on Field Investigations in Selected Areas of Henan

• I. PROPOSITION OF QUESTIONS
• II. RESEARCH METHODOLOGY AND RESEARCH MATERIALS
• 1. Selection of Interviewees
• 2. Interview Method
• 3. Interview Materials
• III. SOCIAL GENDER STRUCTURE AND SURVIVAL TACTICS OF FEMALES IN CHINESE RURAL FAMILIES
• 1. Social Gender and Family Power
• (1) Husband and Wife Relations
• (2) Mother-Daughter-In-Law Relationships
• (3) Decision-Making Power for Family Affairs
• 2. Social Gender and Family Finances
• 3. Social Gender and the Division of Labour
• 4. Social Gender and Traditional Customs
• IV. Analysis of the State of Life and Survival Tactics Before and After Blood-Selling
• 1. The Reality
• (1) Household Division and Inheritance
• (2) Mother-Daughter-in-Law Relationship and Niangjia Support
• (3) The Impact of Gongjia and Blood Sales
• 2. Female’s Responsibility
• (1) The Secret of Female “Independence of Choice”
• (2) Gender Disparity in Blood Selling Behaviour from the Perspective of Different Family Responsibilities of the Male and Female
• 3. Transmission Channels Accentuate Gender Disparity
• (1) Sexual Transmission
• (2) Mother-to-Child Transmission
• V. CONCLUSION

Part five. Discrimination against Minorities

Errol P. Mendes

Chapter Fifteen. The Canadian Constitution and Charter of Rights and Freedoms

A Global Template for Minority Rights?

• INTRODUCTION
• WHAT DOES SUBSTANTIVE EQUALITY MEAN IN THE CONTEXT OF MINORITY RIGHTS?
• What is the relevant knowledge that China could learn from this Canadian experience?

Scott Simon

Chapter Sixteen. Indigenous Peoples and Hunting Rights

• INDIGENOUS PEOPLES AND HUNTING RIGHTS
• INDIGENOUS RIGHTS AND TRADITIONAL ECONOMIC PRACTICES
• ENVIRONMENTAL CONCERNS AND INDIGENOUS HUNTING
• THE CREE OF EEYOU ISTCHEE
• THE TAROKO NATION OF TAIWAN
• CONCLUSIONS
• ACKNOWLEDGEMENTS