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Query: The applicant produced a summons from her employer asking her to
report for sterilization, in accordance with new regulations from the
Lixia District in the City of Jinan Shandong province. The regulation,
according to the applicant, was promulgated around August 2000 and
applies to 30-45 year old women who in the past had violated one-child
policy laws. The order reads: "In accordance with a newly released
urgent document (00) Jishen Zi No. 12 from the Lixia District People's
Government of Jinan City -- 'regarding the 30-45 years [sic] old
females who once have seriously violated the government one-child
policy to have a ligation of oviduct operation.' Now the hospital is
formally notifying you to go the obstetrics & gynecology
department...etc."
Is there a new law/order/ordinance/regulation passed in Lixia District,
Jinan City, Shandong Province, or throughout China (around August of
2000) which requires all 30-45 year old women with past violations of
the one-child policy to undergo sterilization? Response: According to a Senior Legal Research Analyst at the Law Library of
Congress (LLC), the LLC does not have information on any such legal
measures from Lixia District or Jinan City. According to the 1988
Planned Birth Regulations in Shandong Province, persons who become
pregnant in violation of the one child policy "are to be persuaded and
educated to take steps to stop the pregnancy" (LLC 11 May 2001, p. 1).
If persuasion and education fail to cause the person to end the
pregnancy, and the birth is carried out, the individual is fined, "e.g.
by docking wages" (LLC 11 May 2001, p. 1). The LLC Analyst did find a news article which stated that "villages
throughout China have been known to go on draconian campaigns aimed at
sterilizing women of child-bearing age who have already given birth to
two children" (AFP 24 Nov. 2000). The Analyst pointed out, however,
that the news article is "not considered authoritative for the purpose
of law" (11 May 2001, p. 2). For more information, see the attached full response from the LLC
Research Analyst.
This response was prepared after researching publicly accessible
information currently available to the RIC 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. References: Agence France Presse. 24 November 2000. "Chinese Officials Set Up
Own Prison and Mete Out Rough Justice." (WESTLAW) Senior Legal Research Analyst. Law Library of Congress, Washington,
D.C.. 11 May 2001. Letter to the INS Resource Information Center. Attachments: Senior Legal Research Analyst. Law Library of Congress, Washington,
D.C.. 11 May 2001. Letter to the INS Resource Information Center. |
