Mon, Nov 02, 2015 page14

• FEATUREE: Living in limbo in ‘one-child’ China

  ‘OUTSIDE THE PLAN’: As far as the state is concerned, millions of Chinese conceived in violation of the CCP’s one-child policy do not exist and have no formal rights

  • NY TIMES NEWS SERVICE, BEIJING
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  For 22 years, Li Xue has lived as a phantom, banished from mainstream life by China’s “one-child” policy. And even now that the Chinese Communist Party (CCP) has declared an end to that policy, she said, there appears to be no quick end to the limbo of many children born, like her, “outside the plan.”

  “Li Xue is a Chinese citizen,” her mother, Bai Xiuling, said in an interview. “But nobody acknowledges her existence. Only her family does.”

  The second daughter of a blue-collar family in southern Beijing, Li was born contrary to the rules that have limited most urban couples to one child. Like quite a few such “illicit household” children, she grew up, essentially, as a stateless inhabitant of her own country — without the identity documents, rights and services that usually come with citizenship. She never went to school, and has struggled to find work.

  

  Li Xue, right, and her mother, Bai Xiuling, talk to reporters in their home in Beijing on Saturday.

  Photo: AFP

  “There’s just too much I have to deal with compared with normal people,” said Li, a petite, softly-spoken woman, while on a break from her job as a waitress on Friday. “I should not be made responsible for this.”

  Li’s story illustrates how China’s family planning rules have had repercussions far more complicated and enduring than just limiting the number of children. Without the residence permit and identity card that nearly all Chinese carry, people like Li have no access to education or healthcare. Good jobs and marriage licenses are out of reach as well.

  Li said that she felt nothing more than muted curiosity when the television news announced on Thursday evening that the CCP would allow all couples to have two children.

  She wondered if the relaxation would help people like her, but also said she had endured too many false hopes to expect that the latest shift would open the way to better treatment for families like hers.

  “It has been 22 years and we have already been through a lot,” she said. “The government has talked about legislation and policy changes, but I feel we just have to wait and watch, and hope that afterward they will implement or enforce these things.”

  Births have been regulated by a tangle of rules, and families deemed in violation were often caught in a labyrinth of punishments, fines and deprivations enforced by the local police and family planning officers. Not all children have faced the dire consequences Li has, but the family planning administration has inspired intense anger among many people.

  Millions of Chinese people live without the “residence permit,” or hukou, that serves as a kind of passport, allowing them to navigate the bureaucracy. Government researcher Wan Haiyuan (萬海遠) estimated that at least 6.5 million Chinese had no official status this year because they were born outside the family planning rules.

  The rules say that officials cannot deny such children their official resident permits and other papers, but in practice officials deny them as a way of punishing families, or families avoid applying for the permits out of fear of being fined. In previous decades, local governments had been under intense pressure to meet population control targets, encouraging administrators to resort to forced abortions, home demolitions and other coercive measures to punish wayward families.

  Li said her parents had never set out to violate the family planning rules, and they refused to pay the consequent fines. Her mother and her father had disabilities that should have entitled them to have a second child, she said. However, officials deemed that they had not gotten the necessary approvals. Her mother even considered an abortion, but the doctors said she was too ill at the time to risk the operation, Li said.

  Li grew up in the shadow of her sister, Li Bin, eight years older, who was born with official approval and had all the right papers.

  The elder sister went to school; Li Xue could not. She said she learned from her sister and from reading books on her own. Her elder sister could visit a doctor when she was ill; Li Xue said she could not, because clinics and hospitals in Beijing usually require identification papers. And while her elder sister found work in a factory, Li Xue struggled, because most employers demand identity papers.

  She said growing up has been an excruciating series of frustrations and dead ends. She got her job as a waitress through a friend, with an employer willing to overlook her lack of papers, she said. She lives with her mother and sister in a sparely furnished home; her father died last year.

  “Without a residence permit, she does not have any rights,” her sister Li Bin said. “It has already created so much harm. How will she work in the future, how will she get married? There are many problems that we cannot keep her from for the rest of her life.”

  Li Xue said she has resisted even thinking about a boyfriend, because marriage appeared impossible, for now at least.

  “When you get married, you cannot obtain a marriage license without a residence permit, and then you cannot have a child,” she said. “So I have not thought much about it, because there is not much use in even thinking about it.”

  Li Xue and her family said they had often visited government offices and appealed to courts, hoping to win official status for her. So far that has not worked, and they have refused to pay the fines that would clear the way for that, saying they are too much and unfair. Li Xue said the fine demanded in 1993 was about US$800, but she was unsure whether the sum had grown because of interest and extra penalties. Many families with unregistered children end up paying thousands of dollars to the government.

  Despite many phone calls, the police station and family planning office in Li Xue’s neighborhood both declined to comment, citing either ignorance of the case or rules against speaking to journalists.

  “According to the law, it is illegal to deny people residence permits because of family planning violations,” said Yang Zhizhu (楊支柱), a law academic in Beijing who was shunted from his teaching job several years ago after he and his wife had a second child and fought the resulting fines and punishments.

  “In practice, some local governments still bundle the two things together, to make it more costly to ignore the rules and to extract fines,” Yang said. “Being the capital, Beijing has always been especially strict in population policy.”

  Li Xue said that if she ever gained formal documents and could attend university, she wanted to study law and agitate to end punishment of children born without the right permits.

  “I have been learning about the law so I can defend myself and people in my situation,” she said. “I cannot say that I am very optimistic, because we have to say what they do, not just what they say.”
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