Position Paper

People’s Republic of China

Capital: Beijing
Population: 1.4 billion people
GDP: 12.24 trillion US Dollars

Topic A: The Legal Recognition of Non-Conventional Gender Identities

 Over the past few decades, the idea that gender is binary has been challenged by the
transgender and genderqueer community through social movements demanding to be legally
recognised and be offered equal rights. This social movement has brought with itself countless
controversies, such as the question of which public toilet should a genderqueer person use, the
ones regarding the use of pronouns (and whether it is considered bigotry not to use the pronouns
that a person identifies with), gender identity in children, and the cases in which males that have
not yet fully transitioned to females have entered female sports teams, bringing an unfair
advantage.
The UN UPR put forward a recommendation that prohibited any form of discrimination,
including that which is based on gender identity. The Chinese government’s response to this
recommendation was that state laws and policies protecting human rights are applicable to
transgender people as well as sexual minorities. Moreover, the Constitution of The People’s
Republic of China states that “All citizens of the People’s Republic of China are equal before the
law. The State respects and preserves human rights.” The last phrase was added in a 2004
Amendment and it covers the rights of transgender and genderqueer persons.
Currently, under Chinese law, people may undergo a sex change surgery if the desire to
change sex has existed for over 5 years, if psychiatric therapy has been provided for at least 1
year, and if the patient is unmarried, over the age of 20, has parental permission, no criminal
record, and no other contraindications to surgery. Gender-affirming surgery is a precondition for
altering gender markers on identity cards, however they are limited to two categories (male and
female), as are birth certificates, with no alternative gender choices provided. Transgender
people fall under the category of being mentally ill, so gender recognition requires a medical
transition process including gender-affirming surgeries. The Chinese government also provides
regulations prohibiting discrimination, sexual harassment and violence against transgender
people.
China Women’s University has published a report including several policy considerations
such as legal gender recognition, access to gender transition-related services, the prohibition of
discrimination on the basis of gender identity and expression (in the employment sector as well
as in the military), the right to marry and form a family, the establishment of gender-neutral
restrooms, and increasing public awareness of the rights and interests of transgender people.
In conclusion, while the issue of non-conventional gender identities has brought with itself
an array of social issues and controversies, as well as radical social movements in many western
states, the fact that all people are equal before the law and must not face discrimination remains a
point of great importance to the Chinese state and will remain a big factor in its decision-making
process regarding the rights of transgender and genderqueer minorities.
Topic B: State-Sanctioned Torture of Political Prisoners
 Torturing a dissident to keep him quiet or a suspect to have him confess is an everyday
occurrence in more than half of the countries around the world, and even with the increase of the
rehabilitation movement and efforts towards preventing it, government-sanctioned torture
continues to take place all over the world. While in some countries instances of political torture
are singular, under certain regimes, it has become so frequent as to be institutional.
The Convention against Torture was adopted in 1984 and entered into force in 1987,
demanding the absolute prohibition of torture and "cruel, inhuman or degrading treatment or
punishment" through preventive measures, international cooperation and the establishment of the
Committee against Torture, responsible for criminally punishing such cases. This convention
was signed by 158 states, including China, and the Human Rights Council has just adopted a new
resolution in support of the Convention Against Torture Initiative launched in 2014. Despite all
this, real mobilisation of all stakeholders is still needed.
The People’s Republic of China has repeatedly condemned acts of torture and have
modified national law so as to include cases of torture. In addition, the state is party to a number
of international treaties with the purpose of protecting human rights, endorsing the United
Nations Covenant on Economic, Social and Cultural Rights, and signing the UN Covenant on
Civil and Political Rights in 1998. In May 2010, the PRC authorities officially passed new
regulations in an attempt to nullify evidence gathered through violence or intimidation in their
official judicial procedures, and to reduce the level of torture administered to prisoners already in
jails.The Chinese State has repeatedly been examined by the UN's organs and has always denied
or strongly minimised the use of torture. The deputy director of legal affairs for the Public
Security Ministry, Li Wensheng, stated that “the Chinese government prohibits torture and
prosecutes any personnel of state organs for their torture activities.”
Some of the proposed solutions include the criminalization of torture and ill treatment of
prisoners in states in which it is not already illegal, as well as sanctions against states that refuse
to adopt this law. If torture or other ill-treatment does occur, states also have obligations to take
measures to investigate such acts; to hold those responsible to account; and to provide victims
with a remedy, including compensation and rehabilitation. Moreover, external bodies must
conduct inspections to ensure that prisons are managed in accordance with existing laws,
regulations, policies and procedures
In conclusion, The People’s Republic of China is willing to cooperate in order to achieve a
torture-free future, but UN Member States should keep in mind that China must also assure that
the state’s best interests are protected, and in some cases this might require extreme measures
that the state is willing to be held accountable for.