China: Situation and treatment of sexual minorities, particularly in Guangdong and Fujian; state protection and support services (2011-February 2013)

1. General situation

Homosexuality was decriminalized in China in 1997 (Human Rights Watch Jan. 2013. ILGA May 2012, 11; IGLHRC August 2009, 3). In addition, sources report that it has ceased to be categorized as mental illness in 2001 (Human Rights Watch Jan. 2013. IGLHRC August 2009, 3).

1.1 Visibility of the LGBT community

According to sources, most sexual minorities to hide their sexual orientation and do not disclose their families or their colleagues (Visiting Professor 21 Feb 2013. Professor of Anthropology Feb 20, 2013. Information US-U . 24 May 2012, 63). More than 90 per cent. 100 of lesbians, gays, bisexual and transgender (LGBT) Chinese who responded to a survey published in 2013 affirmed choose (at least partially) to hide their sexual identity at work, and more than half do not speak to colleague or friend from work (Aibai 2013, 9). The online survey was conducted by the Centre for Culture and Education Aibai (Aibai Culture & Education Center) in collaboration with other groups (Aibai 2013, 5). Aibai is an NGO with offices in Beijing, Shanghai and Chengdu, which promotes equal rights for LGBT communities in China (China CSR Map nd). Aibai received 2,161 electronic questionnaires completed by employees of Chinese enterprises from January to April 2013 (Aibai 2013, 5).

In a telephone interview with the Research Directorate, the Director of Development and the Beijing LGBT Center for Operations (Beijing LGBT Center), an NGO dedicated to the rights of sexual minorities, said that sexual identity was usually not a topic discussed in China (Beijing LGBT Center 28 Feb. 2013). According to him, sexual minorities are created two lives, a family and with work colleagues and the other with their friends (ibid.). Right guest professor at Boston University, who wrote about the situation of sexual minorities in China from a legal point of view, said during a telephone interview with the Research Directorate, that sexual minorities tend to be [translation] "invisible communities" in China and they fear "[to] be rejected by society" and "lose face" if they reveal their homosexuality (21 Feb. 2013). One can also read in the Country Reports on Human Rights Practices for 2011 United States [translation] "[that] because of social discrimination and pressure to conform to family expectations, most gays and lesbians avoid speaking publicly of their sexual orientation "(US 24 May 2012, 63). In a telephone interview with the Research Directorate, an anthropology professor at the University of California at Santa Cruz, who has made sexuality-related research in China, explained that sexual minorities are still [translation] "hidden "even in cosmopolitan areas (20 Feb. 2013). The anthropology professor added that some people may be reluctant to seek medical attention for fear of revealing their sexual identity (20 Feb. 2013).

According to the visiting professor, sexual minorities are increasingly in the public space in China, especially in the press, thanks to awareness and education efforts that have made homosexual activists who fight against discrimination and Prejudice (Visiting Professor 21 Feb. 2013). Sources also report that activists organized public events (Human Rights Watch Jan. 2013). For example, Human Rights Watch notes the holding of the first conference for LGBT in China in Beijing in June 2012, in which more than 80 militants took part (Jan. 2013).

The two professors said that media reports involving sexual minorities issues are more positive than before (Visiting Professor 21 Feb 2013. Professor of Anthropology Feb 20, 2013.). According to the visiting professor, there is more visibility in the media; activists and intellectuals publicly discuss issues affecting sexual minorities in books, articles and in the classroom (21 Feb. 2013). According to the professor of anthropology, even if the media owned by the state are less negative in their coverage of sexual minorities, there have also been cases where media outlets and journalists were [translation] "silenced "for calling homosexuality or tried to do a story about it (20 Feb. 2013). She added that it is forbidden to discuss homosexuality on television, [translation] "and even to pronounce the word" (Professor of Anthropology 20 Feb. 2013). Among the sources consulted within the time constraints, the Research Directorate found no information to corroborate this statement.

1.2 Lesbian

The anthropology professor said that lesbians tend to be erased that gays and remain [translation] "more hidden"; few public spaces available to them, then they tend to meet in private places and in people (20 Feb. 2013). For example, the Director of Development and the Beijing LGBT Centre for Operations emphasized that [translation] there are "many" bars gays in Beijing, but only one bar welcomes lesbians "one night a week" (28 Feb. 2013).

He also explained that lesbians face a [translation] "double challenge" as women, they may have to contract a marriage of convenience to ensure their economic security (Beijing LGBT Center Feb 28, 2013.). He added that these women may experience violence at the hands of their husbands [if sexual orientation was revealed] also stressing that Chinese law has no provisions against marital rape (ibid.). Among the sources consulted within the time constraints, the Research Directorate found no information to corroborate this statement.

1.3 Differences between urban and rural areas

According to sources, the situation of sexual minorities in urban areas differs from that in rural areas (Aibai Feb 25, 2013. Visiting Professor Feb 21, 2013. Professor of Anthropology Feb 20, 2013.). The visiting professor said the inhabitants of large cities include better [translation] "homosexual identity" (21 Feb. 2013). He said that understanding is higher in people who have stayed abroad and those who have better access to media and education, and among expatriates (21 Feb. 2013).

The anthropology professor said that sexual minorities are installed in more urban or cosmopolitan areas, where they can mingle and have access to common public places (20 Feb. 2013). According to her, many move to the city to escape the pressure of their family, their workplace and communities reduced (20 Feb. 2013). The director of development and operations of the Centre for LGBT Beijing has also said that Beijing is [translation] "open" and that many of its inhabitants come from elsewhere (28 Feb. 2013).

Similarly, in correspondence sent to the Research Directorate, a representative of the culture center and Aibai Education explained that [translation] "rural, LGBT usually experience more pressure from their families and ostracism from their neighbors "(25 Feb. 2013). The results of the survey conducted by Aibai also demonstrate that [translation] "discriminatory and unfair treatment based on sexual orientation and gender identity are more likely to occur in the medium-sized cities and small" in big cities (2013, 12). It also emerged from the survey that members of sexual minorities wipe more pressure in the workplace in small and medium towns (Aibai 2013, 12).

Move to 1.4 Difficulties

Sources indicate that it may be difficult for Chinese citizens to relocate permanently (Beijing LGBT Center 28 Feb. 2013. Visiting Professor Feb 21, 2013. Professor of Anthropology Feb 20, 2013.). The anthropology professor said that many are unable to officially register in other cities, especially if they come from smaller communities (ibid.) Among the sources consulted within the time fixed, the Research Directorate found no information corroborating this statement. The anthropology professor said that the situation of people from small communities and low socio-economic backgrounds are more difficult because they might not have the means and resources to move them (ibid.).

Sources indicate that, without official registration, Chinese citizens have difficulty in obtaining employment, housing and access to social services (ibid .; Visiting Professor 21 Feb. 2013). The anthropology professor said that sexual minorities rely on [translation] "casual jobs" to survive and "networks for homosexuals" to help them get a job and a housing (20 Feb. 2013). The Director of Development and the Beijing LGBT Center Operations said that without the proper hukou [household registration dossier], it is impossible to buy a house, adding that it was also impossible for a single person to buy a house (28 Feb. 2013). Among the sources consulted by the Research Directorate found no information corroborating this statement.

However, the visiting professor explained that the system that governs the official registration of permanent residence was somewhat eased in recent years (depending on location) and that freedom of movement is larger countries, although it had no information on the impact this has had on access to social services (21 Feb. 2013). He added that people with a better paying job seemed to have an easier time moving and may even be able to officially re-register their residence, although difficulties still arise (21 Feb. 2013). The director also said that low-income people have more difficulty relocate and stressed happens that some companies hire people without hukou change the employee (Beijing LGBT Center Feb 28. 2013). For more information on internal migration in China and the hukou system, please see Response to the request for information CHN103882.

2. Treatment that reserve society to sexual minorities

According to Professor of Anthropology, the majority of China's population [translation] "disapprove" sexual minorities (20 Feb. 2013). In correspondence sent to the Research Directorate, a research fellow of the College of Graduate Studies of Helsinki University of Helsinki, who wrote about sexual minorities in China, explained that there was [translation ] "considerable social stigma of sexual minorities, as well as a poor understanding of these issues within the general population" (Research Fellow 27 Feb. 2013).

Sources also report discrimination against sexual minorities (Professor of Anthropology 20 Feb 2013. US 24 May 2012, 63). In addition, sources report that sexual minorities are also losing their jobs and being rejected by their family (law professor Feb 21 2013. Professor of Anthropology Feb 20, 2013.). According to professor of anthropology, although LGBT experiencing difficulties regardless of their financial situation, the richest might find it easier to protect their privacy and their jobs (ibid.). Among the sources consulted by the Research Directorate found no further information about job loss and rejection of the family.

2.1 Violence

The anthropology professor said that if parents beat their children were the main cases of violence against sexual minorities (20 Feb. 2013). The representative of Aibai further explained that [translation] "the only acts of violence directed specifically against LGBT we heard (apart from economic crimes such as theft) are committed by parents or members of the family "(25 Feb. 2013). According to professor of anthropology, these cases are more common among lesbians, but also occur among gays (Feb 20. 2013). According to the director of development and operations of the Centre for LGBT Beijing, some parents could order [translation] "corrective rape" against lesbians their daughters (Beijing LGBT Center 28 Feb. 2013). Among the sources consulted by the Research Directorate found no information corroborating this statement.

2.2 family pressure

Sources note a strong marriage and family pressure related to having children (ibid .; Professor of Anthropology 20 Feb. 2013). According to the professor of anthropology is particularly the case for those born after the entry into force of the one-child policy (20 Feb. 2013). The director of development and operations of the Centre for LGBT Beijing said that this pressure can also be exercised by the members of the extended family, which act on behalf of parents (28 Feb. 2013).

According to the professor of anthropology, some families [translation] "shame" of sexuality of their children (20 Feb. 2013). The Visiting Professor and Professor of Anthropology both explained that some could be rejected by their families (visiting professor Feb 21 2013. Professor of Anthropology Feb 20, 2013.). The director added that the reactions that a child reveals his sexuality can be [translation] "more radical" in the low-income families who have less education and are less aware of differences regarding sexual identity (Beijing LGBT Center 28 Feb. 2013). The director also explained that some young people living in large cities whose parents are richer, more educated and more exposed to the differences, as well as foreigners, could be able to disclose their sexual identity to their parents more easily ( Beijing LGBT Center 28 Feb. 2013).

2.3 Transgender

According to the representative of Aibai, transgender represent [translation] "the group undergoing the worst stigma and discrimination", mainly because they are also victims of prejudice on the part of gays and lesbians and it is more difficult to them to hide (Aibai 25 Feb. 2013). The Director of Development and the Beijing LGBT Center Operations reported a case in Beijing where the house of a transgender was burned (Beijing LGBT Center 28 Feb. 2013). He added that transgender have very few resources and many transgender men and women engaged in prostitution, which is [translation] "both illegal and dangerous" (ibid.).

The visiting professor nevertheless said the authorities accept sex change surgery for transgender (21 Feb. 2013). He added that the question of whether there is a law enabling the formal registration of a sex change was unclear (21 Feb. 2013).

3. Treatment by authorities to sexual minorities and their protection the state offers

3.1 Legal Situation

According to a report by the International Commission for the rights of gays and lesbians (International Gay & Lesbian Human Rights Commission - IGLHRC) on the legal status of sexual minorities in China,

[Translation]

as LGBT in China clearly lacking recognition and protection in law, their status remains uncertain. Thus, they fail to clear whether the authorities will oppose them if they meet or they organize and provide services to the community (August 2009, 3).

According to the IGLHRC report, this general silence of the authorities for LGBT causes a lack of clarity about their status, [translation] "the treatment they the authorities depending on location in China" (IGLHRC August 2009, 3). The guest professor also said that localities have their own regulations and it is possible that sexual minorities are victims of abuse or discrimination by the authorities at the local level (21 Feb. 2013).

Sources report that no law against discrimination does not protect sexual minorities in China (visiting professor Feb 21 2013. Human Rights Watch Jan. 2013. IGLHRC August 2009, 3). According to the visiting professor, although there are laws prohibiting discrimination in the country, they do not specifically refer to sexual orientation (21 Feb. 2013). Sources also report that same-sex couples are not officially recognized and that LGBT does not have the right to adopt a child (Human Rights Watch Jan. 2013. IGLHRC August 2009, 5).

The visiting professor said there is no clear government policy on homosexuals, although the general attitude [translation] "[to] willfully blind" qu'adoptait before the government toward homosexuals have changed and that he somehow recognize their existence due to health concerns (21 Feb. 2013). He stressed that the notion of homosexuality appears only in the health regulations affecting men who have sex with men and high risk factors for their health (Visiting Professor 21 Feb. 2013). Among the sources consulted by the Research Directorate found no information going the same direction.

3.2 General treatment by authorities to sexual minorities

According to the visiting professor, the government does not consider homosexuals as a [translation] "threat", but rather as a group "marginalized" and "clandestine", which can be forgotten (21 Feb. 2013). However, the visiting professor added that the authorities are wary of public events and demonstrations in general (21 Feb. 2013). The director of development and operations of the Centre for LGBT Beijing has also explained that any intervention organized to solicit Rights is not well received by the authorities (Beijing LGBT Center 28 Feb. 2013). The anthropology professor said that same country, the most visible or those who publicly demanding rights will have [translation] "trouble" with the authorities (20 Feb. 2013). According to the representative of Aibai, [translation] "police officers in China LGBT abuse when they suspect that a group is organized and could become a political force" (25 Feb. 2013). Among the sources consulted within the time constraints, the Research Directorate found no information going in same direction.

Sources report that activists and organizations working on behalf of sexual minorities may face resistance from the authorities (Beijing LGBT Center 28 Feb. 2013. Visiting Professor Feb 21, 2013. US 24 May 2012, 64). According to sources, it happens that the authorities prevented the holding of public activities (visiting professor Feb 21, 2013. US 24 May 2012, 64). For example, we read in the Country Reports from the United States in June 2011, the fifth edition of the Beijing Homosexual Film Festival was held in secret because of [translation] "harassment" by police and officials; including the police said the "" illegal "" event (US 24 May 2012, 64). However, the visiting professor noted that government interventions in cases of gender are based more on concerns about the holding of public demonstrations on homophobia (21 Feb. 2013).

The teachers questioned both explained that the Ministry of Health (Ministry of Health) was the work of awareness in the gay community (Visiting Professor 21 Feb 2013. Professor of Anthropology Feb 20, 2013.). According to Professor of Anthropology, Department of Health leads [translation] "discreetly" homosexuals to organize health seminars gays in bars or other public places (20 Feb. 2013). However, according to the Visiting Professor, Department intervention regarding LGBT issues is through academics and activists because it [translation] "do not really understand" the gay community (21 Feb. 2013 ). The visiting professor added, without explanation, that people do not generally will address the department or the government for help (21 Feb. 2013).

3.3 Police

Sources report that sexual minorities can be victims of harassment by police (Research Fellow 27 Feb 2013. Professor of Anthropology Feb 20, 2013. Human Rights Watch Jan. 2013.). The academic researcher at Graduate College Helsinki explained that [translation] "the police has a significant history of abuse, censorship and persecution of sexual minorities, and [that] sexual minorities certainly not will address himself to her for protection "(27 Feb. 2013).

The visiting professor claimed that police surveillance in China varied from one province to another and from one locality to another, adding that, although there is [translation] "no real legal prohibition" linked to homosexuality, the police are vested with "broad powers" and can arrest someone for reasons such as "public lewdness" or "lascivious conduct" (21 Feb. 2013). Sources indicate that homosexual meeting places for may be subject to police raids (Beijing LGBT Center 28 Feb. 2013. Professor of Anthropology Feb 20, 2013. Human Rights Watch Jan. 2013.).

According to Professor of Anthropology, the police can allow a gay bar to be open for a certain period and then carry out a descent or come to solicit for bribes (Professor of Anthropology 20 Feb. 2013). She added that, in large cities, there are fewer requests for bribes and arrests (ibid.). She also expressed the view that there was probably more cases of extortion by the police in Fujian (ibid.).

3.4 Judiciary

According to the university researcher from the University of Helsinki, [translation] "the judiciary is absolutely ineffective and unwilling to punish those who commit crimes against sexual minorities and to protect the rights of these" (27 Feb. 2013). The visiting professor affirmed that homosexuals may be disadvantaged in the criminal justice system because they may have difficulty obtaining the services of counsel and the courts may not want to take [translation] "an aggressive stance "against the police (21 Feb. 2013). In addition, the visiting professor claimed that the situation of homosexuals risk [translation] "come to know" if they take part in a court case (21 Feb. 2013). According to the director of development and operations for the Beijing LGBT Centre has tried to make people seek a legal remedy in certain situations in order to [translation] "set precedents," but no one was ready to do (28 Feb. 2013).

4. Support Services

According to the visiting professor, most LGBT support groups are located in Beijing and Shanghai and do not really offer services nationally (21 Feb. 2013). He added that there are some private help line (visiting professor 21 Feb. 2013). The Director of Development and the Beijing LGBT Center Operations said that about 10 groups dedicated to LGBT issues in Beijing and they organize them five to eight events per week (Beijing LGBT Center 28 Feb. 2013 ). He added that because of the history of the LGBT movement in China in relation to the deployment of awareness and prevention of AIDS, [translation] "hundreds" of organizations are dedicated to gays in China, but only 80 to 90 Groups are for lesbians in the country (ibid.).

On its website, the Beijing LGBT Centre for is described as [translation] "a non-profit community organization that values ​​the community [LGBT] Beijing by providing social services and organizing awareness programs" (Beijing LGBT Center nd). Human Rights Watch reports that the Beijing LGBT Centre for was forced to move because the owner felt that homosexuality was a topic too [translation] "sensitive" for his institution (Human Rights Watch Jan. 2013). The Centre was the subject of an expulsion for the second consecutive year (ibid.).

5. Situation and treatment in Guangdong and Fujian

5.1 General situation

According to the representative of Aibai, [translation] "prejudice and ostracism are still prevalent towards sexual minorities" in rural areas of Guangdong and Fujian, but "the government does not systematically persecute LGBT" (Feb 25 Aibai . 2013). He added that [translation] "in the big cities, there is a fairly vibrant gay community, although it is mainly very discreet and hidden" (ibid.).

5.1.1 Guangdong

According to Professor of Anthropology, Guangdong is a region [translation] "cosmopolitan" of China and its cities are comparable in Beijing and Shanghai (20 Feb. 2013).

For more information on the treatment of sexual minorities in Guangdong, see Response to the request for information CHN104301.

5.1.2 Fujian

The anthropology professor said that Fujian Province is [translation] "less cosmopolitan" than the Guangdong cities and places like Shanghai and Beijing (Professor of Anthropology 20 Feb. 2013). In his view, the life of every day in Fujian is [translation] "probably very difficult" for sexual minorities (ibid.). The Director of Development and the Beijing LGBT Centre for Operations also said that cities in Fujian cities are [translation] "lower tier" where there is no civil society, which is reflected in [translation] "exposure" much less marked still sexual minorities in the province (28 Feb. 2013).

Two sources report that a public marriage between two men took place in County Zherong in Fujian Province in October 2012 (Xinhua 20 Oct. 2012;. People's Daily 18 October 2012). According to news agency Xinhua, the event attracted [translation] attention "thousands" of people in the place (Xinhua October 20, 2012). According to an article on the website of People's Daily, nearly a thousand people attended the wedding procession (18 October 2012). However, Xinhua stressed that the marriage was not legally recognized (Xinhua October 20, 2012).

5.2 Treatment by authorities to sexual minorities

Among the sources consulted by the Research Directorate found no information on the treatment by authorities to sexual minorities in Fujian. For information on the treatment by the authorities of sexual minorities in Guangdong, see Response to the request for information CHN104301.

5.3 Support Services

5.3.1 Guangdong

According to the visiting professor and the director of development and operations for the Beijing LGBT Center, there are support organizations in Guangdong (Visiting Professor 21 Feb 2013. Beijing LGBT Center 28 Feb. 2013.), Especially Guangzhou (Prof. invited 21 Feb. 2013). In correspondence sent to the Research Directorate, a representative of the Beijing LGBT Center to explained that, although he knew little about the situation of sexual minorities in southern China, it is aware of PFLAG China and the Centre for LGBT Chihang (Chihang LGBT center) organizations both located in Guangzhou (20 Feb. 2012).

For more information about the support services in Guangdong, see Response to the request for information CHN104301.

5.3.2 Fujian

The anthropology professor said the support groups or public places in Fujian were not [translation] "well known" for LGBT groups in Beijing and Shanghai (20 Feb. 2013). The director of development and operations of the Centre for LGBT Beijing said not knowing any group LGBT in Fujian (28 Feb. 2013).