Adding a gender perspective to China's belt and road initiative as an international human rights obligation

• Author: Lu Haina
• Position: Ph.D. in Law, School of Law, Catholic University of Leuven, Leuven, Belgium; Associate Professor, School of Law, Renmin University of China, Beijing, China; Secretary-General, Human Rights Center, Renmin University of China, Beijing100872, China. Contact: luhaina123@sina.cn
• Pages: 445-477

FRONTIERS OF LAW IN CHINA

VOL. 14 DECEMBER 2019 NO. 4

DOI 10.3868/s050-008-019-0022-1

FOCUS

GENDER AND BUSINESS

ADDING A GENDER PERSPECTIVE TO CHINA’S BELT AND ROAD INITIATIVE AS AN

INTERNATIONAL HUMAN RIGHTS OBLIGATION

LU Haina∗

Abstract China’s Belt and Road Initiative (BRI) has a significant impact on the

gender equality of receiving countries. It is noted that many BRI countries are facing

challenges to realizing gender equality. Nevertheless, China has not developed a

gender-mainstreaming or rights-based approach to implement the BRI. Hence, this paper

argues that it is China’s international human rights obligation to develop such an

approach and the country should adopt a gender policy in its BRI to ensure that its

overseas investments and aid programs respect and promote gender equality. First, this

paper maps China’s overseas investments and aid globally and particularly in BRI

countries, and examines, in general, how the BRI may have an impact on gender

equality both globally and in BRI countries. Second, the paper reviews international

standards on gender equality in transnational trade and foreign investment and aid

projects in the context of international human rights’ norms. It clarifies China’s

obligations to promote gender equality within the BRI framework under international

law. Third, based on the aforementioned findings, this paper conducts a gap analysis on

the gender policy followed by China’s overseas investment and aid programs set within

the context of international standards. Finally, the paper recommends some possible

policy steps to ensure gender equality is mainstreamed in BRI projects of China.

Keywords gender equality, Belt and Road Initiative (BRI), China’s overseas investment,

foreign aid, human rights

INTRODUCTION .................................................................................................................... 447

I. OVERVIEW OF CHINA’S OVERSEAS INVESTMENT AND AID...................................... 448

A. China’s Overseas Investment............................................................................. 448

∗ LU Haina (陆海娜), Ph.D. in Law, School of Law, Catholic University of Leuven, Leuven, Belgium;

Associate Professor, School of Law, Renmin University of China, Beijing, China; Secretary-General, Human

Rights Center, Renmin University of China, Beijing100872, China. Contact: luhaina123@sina.cn

The findings discussed in this paper are from a research project funded by a UK government aid and

implemented by the Cultural and Education Section of the British Embassy. However, the views expressed in

this paper do not necessarily reflect the UK government’s official policies.

446 FRONTIERS OF LAW IN CHINA [Vol. 14: 445

1. Status and Development of China’s Overseas Investment............................. 448

2. China’s Investments in Countries and Regions along the Belt and Road ......453

B. China’s Foreign Aid........................................................................................... 455

1. Status and Tendency of China’s Foreign Aid................................................. 455

2. China’s Foreign Aid in the BRI Context........................................................ 460

C. The Influence of China’s Overseas Investment and Foreign Aid ......................461

II. INTERNATIONAL HUMAN RIGHTS LAW O N GENDER EQUALITY ............................. 464

A. The Convention on the Elimination of All Forms of Discrimination against

Wom en ( CE DA W) ............................................................................................. 465

B. International Covenant on Civil and Political Rights (ICCPR) ........................465

C. International Convention on the Elimination of All Forms of Racial

Discrimination (CERD) ....................................................................................466

D. International Covenant on Economic, Social and Cultural Rights (CESCR) ...466

E. International Convention on the Protection of the Rights of All Migrant Workers

and Members of Their Families (CMW)............................................................ 467

F. Convention on the Rights of the Child (CRC).................................................... 467

G. Convention on the Rights of Persons with Disabilities (CRPD) .......................468

H. International Labour Organization (ILO) Convention No. 100 and No.111.....468

III. GAP ANALYSIS ON CHINA’S POLICY IN THE CONTEXT OF INTERNATIONAL LAW .. 469

A. China’s General Commitment to Promote Gender Equality Worldwide ........... 469

B. China’s Comprehensive Legal and Policy Framework for the Promotion of

Gender Equality and Women’s Rights................................................................ 469

C. Lack of Specific Policy and Technical Guidance on Gender Issues Associated

with the BRI .......................................................................................................470

D. Lack of Incorporation of Gender into Organizational Structures..................... 471

E. Lack of Gender Budgeting and Gender-Focused Organization in the BRI....... 472

F. Lack of Segregated Data on Gender in the Implementation of the BRI............. 472

IV. POLICY RECOMMENDATIONS TO CHINA................................................................ 472

A. Raising Awareness of the Value-Promoting Role of the BRI and China’s Overseas

Investment and Foreign Aid................................................................................. 72

B. Strengthening Policy Incentives and Institutional Guarantees for Foreign

Investment and Aid That Promotes Gender Equality......................................... 473

C. Strengthening Analysis, Supervision and Guidance on the Gender Impact of

Investment and Aid Projects.............................................................................. 474

D. Strengthening Research and Information Services on Gender Issues and

Diversifying the Participants of Overseas Investment and Aid ......................... 474

E. Deepening International Exchanges and Multilateral Cooperation in the Context

of Gender Issues ................................................................................................ 475

F. Establishing a Gender Budget and Providing Institutional Support to Gender

Equality in the BRI............................................................................................. 476

CONCLUSION........................................................................................................................ 476

2019] ADDING A GENDER PERSPECTIVE TO CHINA’S BELT AND ROAD INITIATIVE 447

INTRODUCTION

In 2000, China initiated its “going global” strategy, whereby it encouraged domestic

enterprises to invest overseas and participate in international cooperation and competition

with a view to enhancing its open economy to a higher level. That was the beginning of a

fast track for China’s overseas investment. In 2013, China started its Belt and Road

Initiative (BRI), which further expanded its foreign investment and aid. Until 2016,

China’s net outward foreign direct investment (FDI) has become the second largest in the

world. In addition, the country’s foreign aid has been significantly increasing during the

past decade. Some studies even conclude that, today, China has surpassed the United

States and become the world’s number one donor.1

Certainly, such large-scale overseas investment and aid has a huge and, probably,

long-term impact on the gender equality of receiving countries. If implemented

appropriately, such investments can improve the gender equality situation in the countries;

otherwise, they can worsen it. However, to date, China has not yet developed a

gender-mainstreaming or rights-based approach to promote BRI. In general, China has

shown its commitment toward international human rights standards by ratifying most of

the United Nations’ human rights treaties, including the Convention on the Elimination of

All Forms of Discrimination against Women. Further, China is an active participant of the

UN Sustainable Development Goals (SDGs), among which Goal 5 is “Gender Equality.”

Moreover, at the domestic level, the “equality between men and women” (nan nü

pingdeng) remains China’s basic state policy (jiben guoce). Nevertheless, the country has

not adopted gender mainstreaming as a favored governance approach or an approach for

government-supported projects. Hence, a significant gap exists between respecting gender

equality as a general principle and implementing the principle in every aspect of China’s

political and social life. Consequently, gender equality has surprisingly not had any

significant impact on the BRI.

This paper argues that China should adopt a gender equality policy in its BRI to

ensure that its overseas investments and aid programs adhere to and promote gender

equality and to uphold China’s international human rights obligation. Further, the addition

of a gender perspective to the BRI will make the Initiative more sustainable and

successful.

On the other hand, many BRI countries, such as Afghanistan, Bangladesh, Burma,

India, Iraq, Jordan, Lebanon, Nepal, Pakistan, Syria, and Yemen, are facing challenges to

1 See AidData, available at http://aiddata.org/china (last visited Sep. 15, 2019).