CURRENT STATUS OF CHINESE WOMEN’S
PARTICIPATION INTO POLITICAL AFFAIRS AND ITS
LEGAL GUARANTEE
Xue Ninglan
1．Current situation of Chinese women’s participation in political
affairs
Between the 50s to the 70s of last century, Chinese government have promoted and
guaranteed the proportion of female in leadship and government department by
implementing cadre appointment system and actively sexual proportion policy. These
tough policies have done crucial and actively influence on promoting participating in
government and political affairs by woman during period of planned economy. At
then, proportion of female representative in national legislative agencies accounted
for 20%, far higher than that of 5% in British, American and Canada of the
corresponding period1. Since the 80s, along with reform of China’s cadre system,
cadre and personnel system shifted from appointment system to election and selection
system which character is that selecting cadre from public and go on duty by
competition, and democratic electoral system. Competitive election first
implementing in 1987 brought forward unprecedented challenge and impact on
participating in government and political affairs by woman.
Since the 90s, the communist party and the government made great efforts to study
mechanism for promoting women’s participation in political affairs in this process of
democratic system reform. First, laws are worked out to guarantee certain numbers of
female representatives in representatives of National People’s Congress and all levels
of local people’s congress and to enhance proportion of female representatives
gradually. (Article 2, Section 10 of “Protection Law on Interest and Right of Woman”
in 1992) This is the first law which provided that certain number and proportion of
female representative shall participate in national power agencies in national
legislation system. Section 6 of “Election Law on People’ Congress” amended in
1995 affirmed this regulation. In 1998, “Organization Law on Villagers' Committee”
established civilian election system that all numbers of villager’s committee shall be
directly elected by villagers, also provided that: “there shall be certain numbers of
woman in villagers’ committee. (Article 2, Section 9)
In addition to the guarantee from national basic laws, central government also worked
out special policies, plans and outlines to provide favorable policy to ensure women’s
 Researcher
1
of sexual and laws research center of laws research institute of China social science academy
Social gender and public policy, Li Huiying, modern China press, October 2002,page 214
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participating in political affairs. Two volume of “China Woman Development
Outline” drew by China government in 1995 and 2001 are all-China action plan on
promoting social sexual equality. Prior to opening of the 4th World Conference on
Woman in 1995, the State Council promulgated “China Woman Development Outline
(1995-2000)” which bringing forward targets, policies and measures of participating
in government and political affairs by China’s woman. The concrete target of
participating in government and political affairs by China’s woman is to improve
degree of participating in decision-making and management of national and social
affairs by woman, and to make greats efforts to achieve woman act as number of
leader group in all levels of government and relatively large proportion of woman act
as director of government departments. “China Woman Development Outline
(2001-2010)”promulgated in 2001 confirmed “participating in decision-making and
management by woman” as one of six prior development fields and worked out
detailed enumeration on main targets and policies and measures on women’s
participating in government and political affairs. For instance, “enhancing proportion
of participating in administration by woman”, one of the target, further clear provided
that over one female cadre shall participate in leader group of all levels of government,
female cadre shall participate in over half of leader groups of administrative
department of ministries (or committees) of state organ, provinces (autonomous
regions, municipalities), territories (cities, districts, leagues). Female number in chief
position and important position shall be increased relatively greatly.” and also put
forward that female participated in villagers’ committee and residents’ committee
shall account for certain proportion ” and “ increasing channels for democratic
participating by woman, promoting level of democratic participating by woman”
At present, problems existed in women’s participation in political affairs are as the
followings:
（1）slow increase of proportion of female NPC representatives
Compare with the first session of National People’s Congress holding at the early
period of the founding of P.R.C., numbers and proportion of female representatives in
the tenth session of NPC in 2003 have increased and improved greatly.2 But, compare
with proportion of male representative in China and proportion of female MP in
advanced countries, proportion of China’s female representative is low in general. In
all sessions of National Congress, female representative in the fourth session in 1975
2.Number
of female representatives in the first national people’s congress in 1954 is 147, accounts for 12% of all
representatives; female representatives in the tenth national people’s congress totaled to 604, constituted 20.24% of
all representatives.
3Inter-Parliament Union, 2004, Women in Parliaments: World Classification.
http://www.ipu.org/wmn-e/classif.htm
4 “ on basic policy and laws research on sexual equality”, Li Qiufang, lecture on laws research institute of China
social science academy on May,2004.
2
accounted for 23%, ranks first; during twenties years of opening up and reform since
1978, proportion of female representative constituted around 21% in a long term, and
drop to 20.24% in the tenth session, or 1.6% less than 21.8% in the ninth session.
Proportion of female in congress is an important index in evaluating women’s
participation in political affairs by international community. Since the 90s, Woman
Status Committee of U.N. ranked all countries in female representative every several
years. According to statistic date released by IPU: China ranked 12th in June
1994(21% of female representative), and ranked 16th in January, 1997(ditto) ranked
20th in January 2000(21.8% of female representative), and drop to 24th in April at the
same year (ditto), ranked 37th in 2003(20.24% of female representative) 3. It showed
that international ranking drop directly despite proportion of female representatives in
National Congress keep around 21% constantly in these years.
（2）low level of participation in political affairs by women
Besides low proportion of female representatives in NPC, women’s proportion of
participation in political affairs in State Council and at ministries/committees level are
low either. During the ninth session of National Congress (1998-2002), there are 2
female ministers in 29 ministries and committees. They are in the Ministry of Science
and Technology and the Ministry of Education. There is none female minister in
ministries which drop to 28 in the tenth National Congress. There are only tens female
vice-ministers. Thus women’s participating in leader level of the party and the state
will not last in future4. Female accounts for 2.5% in the sixteenth Central Committee
of CPC (2002), dropped 1.6% than the last session. There was still no woman in the
Standing Committee of Central Political Bureau, Secretary of Central secretary
Department, Chairman or Vice Chairman and member of Central Military
Commission.
Women’s participation in government and political affairs at middle and grassroots
level is also inadequate. Among industries most women worked, e.g. health, news,
and education, proportion of female leaders also are quite low. During reform
process of streamline national organs and cadre system since 1987, disadvantage of
woman are bigger than that of man, more female cadres failed in competition election;
direct democratic election, practiced in village all over China in 1998, annulled quota
of sexual proportion that give rise to drop of proportion of female in villagers’
committee. According to insufficient statistic, proportion of female acted as director
of villagers’ committee only accounts for 1%, while female member of villagers’
committee only around 16%, which inharmonic with half of population woman
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constituted and function village woman made5.
（ 3 ） unreasonable structure of women’s participation in government and
political affairs
The feature of women’s participation in government and political affairs is
“subsidiary”, or taking few chief position, many vice-positions and presenting mode
trend in work assignment. Most female leaders in high and middle level take position
regarded as “soft” and concentrate in participating in fields and positions traditional
regarded suitable to woman, e.g. education, health, environment, protection on rights
of woman/child/handicapped, and social work such as social welfare, thus they can’t
join into main stream of decision-making, while male leaders concentrate in powerful
departments with more sources such as state security, finance, architecture, energy,
water conservation and diplomacy.
Similarly, few female village cadres take up
chief position and responsible for overall works, most of them take up vice-position
and responsible for work of woman and family plan. This means of job assignment
affect woman participating in key decision-making in major fields.
“Beijing Action Programme” passed in the 4th World Conference on Woman in 1995
defined the target that woman representatives shall accounts for 30% at
decision-making level6. China need to go a long way to reach this objective, which is
inharmonic with social status China’s woman should enjoy. On one hand, China
adopted active legislation, policy and measure to promote participating in
government and political affairs by woman, while index of participating in
government and political affairs by woman increased slowly in process of political
democracy. This showed that improvement of woman’s political status not only is
problem of legislation, but more important is problem of culture tradition and
opinion transformation.
2．Reason affecting level of women’s participation in government and political
affairs
Generally speaking, male dominates decision-making level at every level of
administrative organs and political fields in China. Political culture of China presents
a dominant color of male. Obstacles Chinese woman face for participation into the
political affairs are mainly reflected in the followings:
“election of villager’s committee: opportunity and challenge of development of village’s woman” Fan Yu, see
also “result of research on participating in public affairs by woman during china’s economic
transformation” ,Beijing,2003.
6 “Beijing Action Programme” the 4th world conference on woman in 1995, 3.target goal and action, g.participating
in power and decision-making by woman
5
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1) discriminatory attitude and social culture against female affected
enthusiasm of women’s participation in political affairs
As a country with two thousand years of feudalism history, traditional opinion of
“Man for the field and woman for the hearth” still prevails in common people in
China and exercises profound influence over women’s participating in government
and political affairs. In process of women’s participating in government and political
affairs, people always treated her as a mother or a wife, and aggrandized lopsided
negative influence of procreation and menopause of woman during her life on
participating in government and political affairs by woman, and reckoned female
plays disadvantage to male in leading ability, and male are more suitable to be a
leader than female. This prejudice also existed in opinions of some decision-maker
and made influence on planting, elevating and appointing woman by them. Quite
much local governments and departments treated selection of female cadre a task and
just coped with this task. For instance, “nonparty, intellectual, minority, female”
existed in selecting female cadre, or election of female shall comply with many
additional conditions. Some local governments gathered all this conditions of
“nonparty, intellectual, minority, female” to come out a female cadre, that resulted in
weakening of representative of female, minority and member of other-party in cadres
and also grave devalued implementation of sexual proportion policy.
Mass media intensified prejudice against women’s participating in government and
political affairs by society when they shaped outline of man and woman participating
in public affairs. Some media always described female participating in
decision-making level as “able woman”, “woman with misery family life”, and
impressed public with rigidified mentality, aggressive, misery family life (divorce),
unlovely, busy, taking no care of family, wateriness and acting on minor role over
woman participating in government and political affairs. Criterion added on woman
by public are excessive and too complicated when they participating in government
and political affairs, This profound social culture not only deeply influent common
public and male decision-maker, but make young woman worried and flinched with
participating in government and political affairs.
2）legal provisions concerning sex discrimination affect equal enjoyment of right
of women’s taking position in state’s organs
In the 90s, during reform process of national cadre and personnel system, the state
council promulgated “National Provisional Regulations for Pubic Servants”. This
regulations made out sexual discrimination provisions on upper limit of suitable
retirement age and lower limit of pre-retirement of public functionary: or male
functionary shall retire at age of 60, while female at 55 (section 78); male functionary
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shall pre-retire at age of 55 in terms of over 20 years for working and approving by
appointment and removal agencies, while female at 50(Section 79).
This regulation resulted in waste of high-level qualified female and impact on social
protection level of old female as well as impact on promotion of female servants and
whole level of participating in public affairs by Chinese woman. Affected by different
retirement regulations between male and female functionary in recent years, certain
local governments worked out matching limitation that reserve female cadre shall
below 40 in county level and 45 in city level. For example, consequent to organ
reform of Hubei province, female cadre in this province cut down around 25%, one of
the reasons of this great decrease is sexual disparity of retirement age of functionary.
Some units even force female to leave their positions at 46 or 47. It reduces women’s
promoting opportunity greatly7.
3）policy and measure promoting women’s participating in government and
political affairs lack social gender awareness and lead to factual
discrimination on woman
Firstly, many policies and regulations seemed neutral in gender caused disadvantaged
influence on woman, which has not been fully recognized. For example, certain
conditions on selecting and appointing cadre, e.g. regulations on age limit and
position experience, are favor to male in fact, without consideration on influence on
female by procreating and housework. On the other hand, public always reckon low
quality of female the biggest obstacle in women’s participating in government and
public affairs. They neglect the fact that woman can’t sufficient enjoy source such as
education and training for sexual restriction. Thus they put their core of work on
improving female quality, but not on changing disadvantaged social environment.
4）excessive flexibility in current laws, regulations and rules result in difference
from standards of international conventions
Though China government have formulated many laws, regulations and outlines to
promote women’s participating in government and political affairs, some contents of
this measures are excessive flexibile and cant be operated easily, plus with bad
implementation of this measures due to influence of traditional opinion and lack of
supervision and evaluation, sexual favor policies/regulations on participating in
government and public affairs are difficult to implement in fact.
7
“strong claim on sexual equality of retirement age”, “china woman newspaper” plate 2 on Mar.5,2003
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3．Legal measures for improving degree of Chinese women’s participating in
government and political affairs under the framework of international
convention
（1）Standards and measures of women’s participating in government and
political affairs of international human rights law
“International Convention on Civil Rights and Political Rights” adopted by U.N. in
1966 pointed out: every citizen shall be entitled with the following rights and
opportunities: 1.participating in public affairs by representative directly or
independent selected; 2.elect or be elected in actual periodical election; 3.participating
in public affairs in term of equality.
“Convention on the Elimination of All Forms of Discrimination against
Women”(hereafter referred as convention on the elimination) Published by U.N. in
1979 stressed: signatory state shall adopt all appropriate measures to eliminate
discrimination on woman in national politics and public affairs, especially shall
ensure woman, in term of equality with man: “1. Enjoy electoral right in all elections
and civilian polls; 2.pariticipate in formulation and implementation of government
policy, and taking public position in all levels of government and exercise all public
affairs; 3.participate in NGO and committee related to national public and political
affairs (Section 7)”. Article 1,section 4 of the convention on the elimination point out
especially: “provisional and special measures signatory state adopted to accelerate
factual sexual equality, shall not be regard as discrimination this convention referred”.
To stress importance of women’s participating in national politics and public life,
signatory states are asked to abide by conventions, guarantee the constitution and laws
of this states comply with basic principle of this convention, committee of eliminate
of discrimination on woman in 1997 passed 23rd common suggestion on participating
in public affairs and public life and pointed out signatory state shall have obligation to
adopt appropriate measures, including provisional and special measures, to achieve
equalized women’s participating in political affairs and public life. The committee
also passed 25th common suggestion of article 1, section 4 of convention involving
provisional and special measure.
（2）provisional and special measure for promoting women’s participating in
political affairs -sexual quota system in legislative organs
Current situation of participating in political affairs by Chinese woman shows that:
although political right woman enjoyed, equalized with man and endowed by law,
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have eliminated system obstacles of participating in public affairs by man and
woman in equality, factual equality of participating in public affairs between man
and woman will not achieved by this. Obstacle of participating public affairs China’s
female faced also proved this, woman also encountered with obstacles from
traditional culture and opinion, and inappropriate law system during process of
practicing equalized political rights law endowed. Therefore, we should adopt
remedial measures as means of achieving equalized result. “Convention on the
Elimination of All Forms of Discrimination against Women” and it’s 23rd and 25th
common suggestion presents factual sexual equality in fields as politics is one of the
basic principle and goals of the convention. As a initial signatory state of the
convention, China government shall should national obligations on implementing all
appropriate measures on legislative, law executing, and broadcasting and education
to accelerate changing and eliminating laws, culture, and traditional opinion and
behavior of discriminating against woman and disadvantage to woman
Many countries in world today adopt sexual quota system to promote participating in
public affairs by woman. The so-called sexual quota system is to ensure the lowest
number of representative in political and decision-making agencies to guarantee
balance between man and woman. At present, there are two kinds of quota system:
one is quota system established by national legislative agencies. The other is quota
system practiced in internal of party. According to statistic of congress union, 56
parties in 24 countries accept that they practice sexual quota system. Rate of
participating in public affairs in north Europe ranks highest in world, average
proportion of female MP in congress accounts for 38.9%, among them Sweden ranks
highest, total to 40.4%, Finland, Denmark and Norway are all 38%8.
In the 80s, the reform of china’s political system weakened its intervention on
women’s participating in the management of political affairs while other countries
began to take action to improve situation of women’s participating in the
management of political affairs. Norway is one of the earliest countries that
implementing sexual-quota system. Sexual Equality Law of Norway practiced in Jan.
1979 is “to promote sexual equality, especially to raise women’s status”. (Section
One) This Law includes a special regulation on sexual proportion of representative in
all official committees: “either male representative and female representative shall be
more than 40% of the total in all organizations appointed officially or elected such as
committee, directorate and council that have four or more members, in the foregoing
committee, there shall be two or three members in each gender. This regulation is
Document of economic and social council of U.N.: “supervision and evaluation on implementation of “Beijing
Action Programme” page 48, N.Y.,2000
9“sexual equality acts of Norway” ,translated by Xue Ninglan, on 10 th in 2003 of “information of protection on
right” of national coordination group on protection of interest and rights of female and children ,13th in total
10 According to document of economic and social council of U.N.: “supervision and evaluation on implementation
of “Beijing Action Programme” page 51.
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also applied to representative constitution of legislative organization” (Section 21)9.
Most countries amended laws to provide sexual proportion of candidate after the 4th
World Conference on Women held in 1995. Laws of Finland require that sexual
proportion should be more than 40% in each gender in all-levels of decision-making
organs. India preserves 33% of numbers for woman in three levels villagers’
committee. Ghana provided that proportion of woman shall be 40% in the congress.
Peru provided that 25% of congress candidates shall be women. Chiefs or presidents
of countries in Southern African Development Community signed Declaration on
Sexual Equality and Development in 1997 promising to guarantee sexual equality in
representative and to achieve that woman shall constitute at least 30% in political
decision-making frame. The U.N. also set up a principle that the sexual quota shall
be 50:50 in public functionary. Woman shall accounts for 35% in senior officers in
2004-2005, at the same time, 25% in 600 senior positions10.
Thus, international and national reasons for foregoing direct drop in ranking of
proportion of female representative in people’s congress since the 90s should be
rather clearly. International communities have adopted sexual-quota system in
decision-making organs as legislative agencies while we were intoxicated in current
achievements and remain stagnant. This phenomenon also shows us indirectly that
sexual-quota system have made active influence on improving level of women’s
participating in political affairs. Sexual-quota system have promoted woman’s
participating in public affairs as well as promoted reform of laws, action on rights of
sexual equality, and constitution and election system. It opens a door for women to
enter into legislative organs which are controlled by men. It also plays as catalyst to
encourage women, especial women in grassroots, to participate in political affairs.
(3). Recommendations for Amendment of Law for Assuring Interests and Rights
of Chinese Woman
Amendment of Law for Assuring Interests and Rights of Chinese Woman has been
put into agenda of national legislation. With regard to political rights of woman in the
second chapter, amendment complied with china’s situation shall be made according
to requirement of convention china signed and approved, especially “Convention on
the Elimination”, and undertaking of Development Programme of China’s woman“,
and under reference of legislative experience of other countries.
Firstly, it is rather suitable that female candidate shall constitute 25-30% of the total
candidates in National People's Congress and Local People’s Congress.
Secondly, in relation to proportion of female leaders in national organs, certain
concrete measures shall be made in national selecting, cultivating female cadre;
simultaneously, on sexual structure of public functionary of national organs, female
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functionary shall accounts for certain proportion; when decided on position changing
of female functionary, related administrative department shall hold hearing with
certain numbers of female functionary participate in to evaluate the decision is
reasonable and legal or not.
Finally, enforcement agencies shall be defined to ensure that the regulations could be
carried out effectively. The Commissions for Women and Children Affairs in State
Council and all levels of local government are only ad hoc organizations of State
Council. The basic function of these commissions is to coordinate and promote sexual
equality. These commissions are not authorized with function of leadership and
supervision. Amended Protection Law on Interest and Right of Woman shall change
name of Commission for Women and Children Affairs of State Council to
Commission for Sexual Equality Affairs or Department for Sexual Equality Affairs
and set it as the highest level of government on the base of current organization
system under reference of current practice method of some countries.
charge the
commissions for women and children affairs into Committee or Department of Sexual
Equality and set they as highest government in reference of the methods of other
countries. The establishment, function, right limit and resource of committee of sexual
equality of each level should also be defined in the Women Law. The committee
should accept complaint on sexual equality affairs from individuals or organizations
as well as support and supervise all the governmental departments to adapt the
thought of sexual equality into all the policies. The law also shall work out clearly
definition on establishment, function and responsibility, limits of authority and source
of national and all levels of local sexual equality commission. The commission shall
undertake compliant about sexual equality affairs from individual and organization,
and support and supervise that government departments adopt opinion of sexual
equality into mainstream of all policy territory.
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