|
|
|
|
Guo
Jianmei (left) on a trip to investigate the situation of
rural women in Yunnan.
|
Gender
equality is not necessarily the norm.
|
The Womens Legal Research and Service Center of the Law
School of Peking University was founded in a hotel room in Zhongguancun
one cold winters night in 1995. It was Chinas first
non-profit-making, non-governmental organization specializing
in womens legal aid. Since then, the center has become an
influential non-governmental organization safeguarding the rights
and interests of women. Guo Jianmei, one of the centers
founders, likens its work to Pushing a heavily loaded cart
uphill against the wind.
Laws Can Be Trusted
Guo Jianmei was born in rural Henan Province. As both her parents
are teachers, she grew up on campus. Guo regards herself as a
simple person. Sometimes she feels foolish at having
given up her steady, undemanding job as government official in
order to run a non-governmental organization. But, as she says,
Somebody has to do it. In 1989, Guo participated in
drafting the Law of the Peoples Republic of China on the
Protection of Women's Rights and Interests. Her investigations
into the living conditions of Chinese women took her to more than
20 provinces, autonomous regions and municipalities. She was shocked
at her findings. In 1995, Guo Jianmei attended the Fourth World
Conference on Women in Beijing. When an overseas lawyer raised
the question of whether there were non-governmental organizations
in China specializing in womens legal aid, there was an
uncomfortable silence. It brought home to Guo Jianmei exactly
how little legal recourse Chinese women have.
Guo Jianmei had failed miserably in her earlier practice acting
as agent in lawsuits for women, possibly because she underestimated
the complexity of the issue. She explains, A lawyer providing
free legal aid to women is often regarded with contempt. But this
only strengthened my resolve.
The first legal aid case Guo Jianmei took on was that of a woman
from Jiangsu Province. In the course of a visit to Beijing to
appeal a case, she was seriously injured in a road accident. She
suffered multiple fractures and lost an eye. When Guo Jianmei
accompanied her to court to apply for compensation, the judge
drove them out of his office, saying, What kind of a lawyer
are you, and why are you acting as her attorney? Have you no other
cases? How much is she paying you? Guo Jianmei was incensed.
She eventually won the case, but the woman was not awarded fair
compensation.
Guo Jianmei has a quietly intelligent and gentle demeanor, but
those that know her confirm that she is fearlessly single-minded.
As Guo says, As long as a litigant has confidence, he or
she is undaunted by even the most difficult case.
A case in point is that of 80 women who had been refused their
pay at a garment factory after working there for three years under
inhuman conditions. They sued the factory owner in a lawsuit that
lasted for more than three years, without result. The All-China
Womens Federation eventually took the case to Guo Jianmeis
center.
Progress was not easy. As the lawsuit dragged on into its fourth
year, the women workers began to lose hope. Ready to give up,
it was only on Guo Jianmei's suggestion that they go home and
leave one representative in Beijing that the women concerned agreed
to keep her on the case. After three years, Guo Jianmei and the
center staff eventually won the compensation from the factory
owner that was owed to each of the women. Looking back, Guo says,
I believe the greatest significance of this case is our
proving that laws can be trusted.
Enhancing Womens Quality of Life
During the decade that a woman named Wei had been married, her
husband frequently beat her. In one terrible quarrel in 2000,
he poured gasoline over Wei and set her alight. She suffered horrific
burns. The police refused to treat the matter as a criminal case
on the grounds that it was a domestic dispute. Wei obtained legal
aid to pursue the matter at Guo Jianmeis center. When pleading
Weis case, the center pointed out that Weis husband
had acted with the willful intent of inflicting injury on another
person, with appalling consequences. The matter, therefore, should
be treated as a criminal rather than civil case. The court eventually
gave Weis husband a 14-year prison sentence, and awarded
Wei RMB 80,000 in compensation.
Guo Jianmei confirms that most cases of domestic violence go
unheard because of the universal reluctance to wash dirty
linen in public. On the few occasions that such cases come
to light, they are impeded by the concept that Even an upright
official finds it hard to settle domestic differences. Law
enforcement departments generally turn a blind eye to cases of
domestic violence, or are at best lax in their law enforcement.
Guo Jianmei insists that perfecting relevant laws and formulating
more detailed operational procedures on domestic violence is imperative.
In the decade or so since its establishment, the center has
provided consultation on more than 50,000 cases and given free
legal aid to 550 poverty-stricken women by acting as their agents
in lawsuits. It has, moreover, submitted to relevant departments
more than 70 attorney opinion letters, suggestions for legislation,
and reports. Hillary Rodham Clinton, wife of former U.S. president
Bill Clinton, and Nane Lagergren, wife of former U.N. secretary
general Kofi Annan, have both visited the center.
The center has recently expanded its scope of cases. One instance
is that of a woman from Sichuan Province who ranked first in the
public servant recruitment examinations. Her employers rejected
her application for the position of secretary on the grounds that
the Sichuan provincial authorities prohibit male leaders from
employing female secretaries. The controversy stirred up by this
case sparked off further research into this area. The center also
handled a case of rape within marriage, which it succeeded
in getting heard in court. It has, furthermore, intensified research
into and efforts towards obtaining legal aid for disadvantaged
women in cases of sexual harassment and property settlements in
divorce cases. In 2002, the center established Chinas first
non-governmental website providing legal aid to women. This enables
the provision of timely and convenient legal services to women
all over the country. Guo Jianmei confirms that the centers
activities are by no means limited to poverty-stricken women.
It also provides consultation services to women whose economic
situations do not merit free legal aid. Its ultimate aim is to
improve the life quality of all Chinese women.
Addressing the System
In the first two years after its establishment, the centers
four staff members provided legal consultation to nearly 10,000
people and handled 140 cases. As more and more people came to
the center for help, each staff member was vastly overstretched.
As Guo Jianmei says, China is a vast country in which many
people need help. But our strength is limited. It seemed
clear to Guo Jianmei and her colleagues that legal aid should
not be limited to individual cases.
In 2005, the center began to handle typical lawsuits that represent
the rights and interests of the majority of women. The intention
was to,
push for a system that safeguards womens
rights and interests more effectively. The system proceeds
under four broad categories of lawsuit: protecting rural women
residents rights and interests as regards land use; protecting
the rights and interests of domestic female workers; job discrimination
against women; and sexual harassment in the workplace. Such cases
often relate to established social conventions and practices and
the accepted administrative system of China. They consequently
encounter enormous obstacles. But Guo Jianmei is determined to
persist. As Chinas first-generation NGO lawyer for the public
good, her ultimate hope is that she and her colleagues will be
remembered for their contributions to harmony in Chinas
civil society.
|