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Guo Jianmei (left) on a trip to investigate
the situation of rural women in Yunnan. [China
Today] |
The Women's Legal Research and
Service Center of the Law School of Peking University was founded in a hotel
room in Zhongguancun one cold winter's night in 1995. It was China's first
non-profit-making, non-governmental organization specializing in women's 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 center's 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 People's 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
women's 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 Women's Federation eventually took the case to Guo
Jianmei's 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 Women's 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 Jianmei's center. When pleading
Wei's case, the center pointed out that Wei's 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 Wei's husband a 14-year prison sentence, and awarded Wei
RMB 80,000 in compensation.
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| [women-legalaid.org.cn] |
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 China's 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 center's 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 center's 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 women's 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 China's 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 China's civil society.
(Source: chinatoday.com.cn)