A police officer checking an ID in Guangzhou. Image credit: Yangcheng Wanbao

A local paper Yangcheng Wanbao reported last week that from March 16, anybody in public places of Guangzhou, the capital city of Guangdong Province, may be subject to police’s random questioning and search. The paper warns its readers to bring their papers with them when they go out in case they are stopped and interrogated by the police. The news, once came out, stirred up quite some commotion among those who live in Guangzhou and even made the national news. Many people feel uneasy that they can be detained by the police just because they forget to bring their papers with them.

An online poll by Nanfang Zhoumo, a progressive magazine, shows that two-thirds of the 6,775 respondents oppose this practice, while a little over one-fifth support it. In the same poll, of the 3,253 people who responded, more than one fifth reported that they had been asked for their National Residential IDs by the police in public places.

The law enforcement in China, as most government agencies, used to have unquestionable authority. This is common in a society under authoritarian rule. but in China, obeying authorities is also expected in the culture dominated by Confucian teaching for centuries.

This is no longer true nowadays. Many Chinese are not afraid to publicly express their opinions or even challenge public policies and the practices of the law enforcement and government agencies. The legality of Guangzhou police force’s stops-and-frisks practice, for instance, has been challenged by the public online as, if not illegal, at least inappropriate.

“Without a complete legal system in place to restrict (the police’s) power, citizens’ rights can be infringed,” as a reader of Nanfang Zhoumo points out. “Why should citizens sacrifice their rights for public security?” s/he asks, adding “is this evidence that the law enforcement is ineffective or an excuse of expanding their power?” A reader agrees with her/him, insisting that “there has to be an effective legal system to guard against the abuse of power.”

Of course, nobody is against public security. In fact, those who support stops and frisks make their point clear that citizens bear the responsibility to cooperate with the police force because their goal is to protect the public. However, many critics of stops and frisks point out that the ambiguity of the policy in terms of the specifics of “public security” and the lack of protocol undermine the claimed vague purpose of ensuring public security. Besides, the police have never explained clearly why it is necessary to start this practice now.

Indeed, although the Guangzhou police have repeatedly reassured the public that their officers would only stop those who look or act “suspiciously,” they have never specified what exactly constitutes looking and/or acting “suspiciously.” The police’s actions, it seems, are solely based on arbitrary judgment which can open up opportunities for abuse of power and discrimination.

“What is ‘looking and acting suspiciously’?” a reader asks, and then adds, “we see abuse of power quite frequently nowadays; he who has a mind to beat his dog will easily find his stick.”

“So somebody must be suspicious just because the police say so? Is this how citizens act as the masters (of the state)?” a reader also responds with suspicion.

Many people are also unhappy about the fact that police officers are not even required to show their credentials to stop or search somebody as long as they wear a uniform. “Even if citizens are willing to cooperate, the police officers must show their papers before they interrogate and search anybody,” a reader writes.

The unpopularity of the practice surely reflects the public’s cynicism in the law enforcement, whose enforcement of laws is often arbitrary. Many Chinese nowadays simply do not trust the police force to be fair and just. “I don’t like this practice; if you offend an officer personally, you’ll be in big trouble,” a reader writes. Relating to his/her personal experience, a reader complains: “The police are like bosses; I’ve been stopped and I wasn’t happy!”

Perhaps the most worrisome implication of stops and frisks is that as part of the police routine, they may indicate the government’s tighter control of its people in the name of public security (although public security has always been used as a rationale for the violation of civil rights and political oppression in China). “That sounds like the secret service,” as a reader comments.

Despite the public complaints, the practice continues to be part of Guangzhou police’s daily routine. That’s basically how things are these days in China. People can rant almost however they want behind their computer screens, but making things to change in reality is still a very difficult task.

It could get worse. “Is this going to extend to the whole country? Scary!” worried, a reader asks. Well, s/he can rest assured to see stops and frisks in other Chinese cities under clearly stated policies or otherwise. Beijing police, for example, have been randomly checking people’s National Residential IDs for years. Those who do not have a Beijing Residential ID or a temporary residential permit to live in Beijing can be “deported” from the capital.

So, people in Guangzhou should feel fortunate, for as long as they have their Residential IDs ready, or if they can recite their ID numbers, addresses, and other personal information without a blink of an eye upon the police’s requests, they are completely free. In a police state, “everyone is a suspect,” to use a reader’s words, unless you can prove your innocence, which you surely can, can’t you?

Although the result might not be surprising to anybody who has worked in China, the numbers are nevertheless quite appalling. China’s current Labor Law (1994) does have very general stipulation that ensures the equal employment for Chinese. It’s written that:

Laborers shall have the right to be employed on an equal basis, choose occupations, obtain remuneration for their labor, take rest, have holidays and leaves, obtain protection of occupational safety and health, receive training in vocational skills, enjoy social insurance and welfare, and submit applications for settlement of labor disputes, and other rights relating to labor as stipulated by law. (Section 3, Chapter I)

However, there is no specific anti-discrimination law in China that protects vulnerable population such as women, people with disabilities, the LGBT people, ethnic minorities, people above certain ages, or people from certain regions. Sometimes, the employers even use information about job seekers’ personal life, such as they’re divorced or married twice, against them. Like in many cases of other Chinese laws, the Labor Law is loosely enforced and thus many violations can go without sanction. Already in a powerless position especially when the job market hasn’t been growing proportionally as the labor force, job seeker rarely take action to contest employers’ oftentimes outright discrimination.

In a perpetually male-dominant society, one is hardly surprised that gender discrimination tops the list. “Women can hold up half of the sky!” My generation of Chinese (born in the late 70s and early 80s) grew up with this slogan. The reality is, however, there’s still a long way ahead of us before women in China can have equal employment opportunities with men. Female college graduates, for instance, will more likely end up in jobs with less potential for career development than their male counter parts.

“I’m looking for a job this year,” a reader shared her story. “[I] study hydraulic engineering, in a Master’s program, female. [I’m] running into walls every day. Nobody hires girls, based on discrimination. [I’m] so helpless and can’t find a satisfactory job. It looks that I’ll have to wait until my graduation next year to find a job.”

“I hear you,” a reader replied to her. “It’s extremely tough for female students in engineering [to get a job].”

Engineering is indeed often considered a “male profession.” However, it’s by no means the only profession that doesn’t welcome female workers. Gender discrimination is almost a norm on the job market cross-the-board. “[They only] hire male employees and never hire females [in] accounting,” wrote another reader from her experience.

“Now no matter [you study] engineering or liberal arts, female graduates don’t have the same opportunities as male graduates do in job seeking… Gender discrimination is very serious…” another reader commented.

Serious it is. Gender discrimination is so prevalent in the hiring process that the employers don’t even need to hide it. “I got an interview,” wrote a reader, “and then they told me that they didn’t hire female graduates.”

And it can be worse, if a female employee or job seeker has another disadvantage such as health or age.

“No matter how well you perform at your job, once [you have] health problems, [you’re] ruthlessly kicked out. [It’s] very devastating, and [you have] no protection whatsoever. And female employees make a lot less than male employees who do the same job. The age limit for female employees is extremely strict, no higher than 35. Sometimes only 28 or even under 25,” wrote a reader.

The age discrimination is not just in private sector. Legally speaking, the government itself has violated the Labor Law by limiting the age of those who can register for the Public Service Examination to under 35. The age limit puts rural graduates, especially, in a very disadvantaged position. A reader observed that “about the issue that rural students [generally] start school late, and they graduate at an age older than others, so when it comes to job seeking, applying for graduate school or military academy, they’re not discriminated but flat-out rejected, because their ages exceed the limit. What are they going to do?”

Employers also don’t hire women because of the prospect of their marriage, pregnancy and child raring. In fact, the Labor Law’s Chapter VII provides legal protection for women and juvenile workers, including protection during and after pregnancy as well as the child raring period. However, because of the lack of protection for women at hiring and the poor enforcement of the law, these protections actually became the reasons for the employers to be reluctant to hire women, no matter how qualified they are for the job.

“[When a female college graduate chooses to] get a job, some companies don’t even open their doors to anybody other than those who have a Master’s degree. [When she] chooses to go to grad school, [the employers] will look at her marriage status, and see if [she] will apply for maternity leave etc.,” a reader lamented.

Indeed, it is extremely hard for Chinese women to balance career and family because they have to work a lot harder than men to get to where they want to be, if they’re lucky. That’s part of the reason why there are an increasing number of single career women, shengnu, who have delayed marriage and child raring, indefinitely.

As China’s economy slows down, the job market can only get tougher. For those who are in an disadvantaged position, getting a job is even more challenging, let alone getting equal pay. However, in a society where people are not equally valued for their ability, achievement and work ethics and where the vulnerable and the disadvantaged are not provided with a basic safety net, economic growth alone isn’t enough to bring about “prosperity” or “harmony.” Those in power in China may well understand this, but just like many other issues in China, addressing the issue of employment discrimination is easier said than done.