MODELO DE ANTEPROYECTO DE CONTRATO
III. 2 QUE CUENTAN CON LOS RECURSOS NECESARIOS PARA CUMPLIR CON LAS OBLIGACIONES QUE SE DERIVAN DEL PRESENTE ACUERDO DE VOLUNTADES.
2012: a subnational assessment of achieving MDG 4 goals in China”. Graph compiled by Elizabeth S. Newsom.
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46 Table information taken from China’s Business and Industry Research Institute as well as Knoema
“China Population 2016”.
Provinces, municipalities, and autonomous regions with the most public toilets
Ranking Location # Public Toilets 2015 Population Size Key:
1 Jiangsu 11739 79,760,000 Blue= Coastal
2 Guangdong 9769 107,240,000 Green= Inland
3 Zhejiang 8199 55,080,000 Purple=North 4 Henan 7540 94,360,000 Yellow=West 5 Heilongjiang 6617 38,330,000 6 Shandong 6351 97,890,000 7 Hebei 6298 73,840,000 8 Shanghai 6197 24,260,000 9 Hubei 5475 58,160,000 10 Beijing 5401 21,520,000 11 Liaoning 5056 43,910,000 12 Sichuan 4383 81,400,000 13 Shaanxi 4266 37,750,000 14 Inner Mongolia 4171 25,050,000 15 Jilin 3643 27,520,000 16 Hunan 3371 67,037,000 17 Shanxi 3261 37,750,000 18 Anhui 3223 60,830,000 19 Chongqing 3208 29,910,000 20 Fujin 3185 38,060,000 21 Yunnan 2619 47,140,000 22 Xinzhang 2493 22,980,000 23 Jiangxi 1887 45,420,000 24 Gansu 1518 25,910,000 25 Guangxi 1496 47,540,000 26 Guizhou 1440 35,080,000 27 Tianjin 1327 14,170,000 28 Ningxia 746 6,620,000 29 Qinghai 457 5,830,000 30 Tibet 317 3,180,000 Figure 2:
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Thus, through the figures above it can be seen that Western provinces on the bottom with the least amount of public toilets also have the highest child mortality rates. While cities and provinces like Tianjin and Jiangsu attempt to break the mold, around half of the counties with the highest child mortality rates are in Tibet. Other issues such as low income, lack of education, and lack of good healthcare are also important. Yet, the correlation between lack of public restrooms and child mortality rates cannot be ignored as there are currently more than 30 different diseases that come from feces.47
In fact, disease caused by lack of sanitation and open defecation was the reason why Mao declared the first toilet revolution in the 1960s.48 Mao recognized the need for a healthy society when he began his time as the chairman. During the 1960s Mao wished for a great return to the original communist ideology and encouraged young people to learn from the peasants. The need to demonstrate that the Party still supported the people led to numerous public restrooms being were installed in rural and urban areas.
Despite the efforts by the government in the1960s, China’s economic disparity can still be seen through her toilets. Rural areas have disproportionately worse sanitation than more developed urban areas. In 2008, cities like Shanghai had 99% of their
population people in access to improved sanitation, but regions like Tibet only had 23% of their population able to access acceptable sanitation means.49 In this chapter, the differences between urban and rural China will be discussed through the perspective of
47 Yang 2017 48 Ibid.
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access of improved sanitation and its effect on health, gender, and economic disparity in the country.
An article on Zhihu from the “Overlooked Problem Journal” perhaps explains it best, “Rural toilets can be organized into two types: One is where you do not stand over the pit directly but rather two boards and you scoop the excrement out, the other is where there is a slope on one side for the excrement to go down. The weak point of these two forms is that they do not have separated squat toilets and sanitation tanks, you cannot refrain from looking at the manure reservoir. It also gives rise to mosquitos and other bugs” (Zhihu 2016).50 In order to understand the sanitation disparity that is occurring in
China, it is important to understand how unimproved sanitation in basic public restroom effects not only its users, but also those around it.
Open defecation is the prime example of unimproved sanitation and the most likely method of transmitting disease. “Progress on Drinking Water and Sanitation: 2014 Update” by the WHO and Unicef note that 82% of the one billion people practicing open defecation in the world live in only 10 countries. As of 2014 China had 10 million people practicing open defecation, placing it tenth in the world ranking.51 The practice is largely
a rural one, both globally and nationally as 2015 city statistics note that 0% of urban dwellers usually practice open defecation. In contrast, 2% of rural dwellers do.52 In 2015
China’s population was 1,376,048,943, 44% of which were rural dwellers, meaning that
50Journal of Overlooked Problems. “The Large Countryside Toilet Revolution: How to Improve the Rural Toilet”.
2016, translated by Elizabeth Newsom
51 World Health Organization and Unicef .“Progress on Drinking Water and Sanitation: 2014 Update”. 52 World Bank 2015
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of roughly 12,109,231 people out of the 902 million who still participate in open defecation are Chinese and more importantly, rural Chinese.53
Unsurprisingly, developing nations and areas due to lack of money and infrastructure have the largest percentage of population who are unable to access
improved sanitation and coincidently have the highest percentage of child mortality rates. As of 2015 in China, 77% of the population had improved sanitation, a drastic increase from only 48% in 1990 having access to the lifesaving toilet and plumbing system.54
In 2008 during the second case study, poor sanitation and hygiene accounted for 62,800 deaths in China, of which 83% were children and more than 2.81 million
disability-adjusted life years (DALYs). 55 As expected, the DALY’s grow higher in
statistics from east to west as urban areas become rural on a map during this period. The Olympic Games, a driving force behind the 2001-2008 toilet revolution, was not
concentrated in China’s middle or western areas. Instead, while cities gained large
sanitation improvements the rural areas remained at a dire disadvantage. If the party were to hold true to the 1960s ideology of serving the common rural man, then the highest number of DALYS would not be located among inland citizens who earn the lowest income per capita, yet they are.56 Differences between the regions in economic policy,
infrastructure development, urbanization and environmental issues all affect the local income and thus the ability of citizens to buy a toilet and avoid numerous diseases. Yet, the central government itself has enjoyed greater centralization, income, and technology
53 CIA Factbook 2015. 54 World Bank 2015.
55 Carlton et. Al. “Regional disparities in the burden of disease attributable to unsafe water and poor
sanitation in China”.
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to make installing improved sanitation in rural areas easier but has chosen to largely ignore the recent sanitation disparity. In fact, the income disparity map of China as well as the unimproved sanitation map look oddly similar and should be used by the CCP in order to target vulnerable populations for investment in increased infrastructure.57 Thus,
poor sanitation or open defecation is not a choice, but rather an example of inadequate education and money to support sanitation programs.
An inadequate education of the rural Chinese population can in part be attributed to inadequate access to improved sanitation. Noted by the WTO, “a lack of sanitation is an issue that disproportionately affects women” (WTO 13).58 High rates of the dropout
statistic for women have been attributed to embarrassment of menstruation and the inability of girls to properly deal with their sanitation needs at school. Furthermore, teachers are not as willing to teach at schools without proper hygiene facilities further affecting the rate of attendance and teaching quality of the school.59 Although women
have become more integrated into the workforce over the course of the PRC, lack of proper education hurts their chances at becoming fully integrated into the economic system.
After pressure from organizations like the United Nations (UN), WHO, and Unicef, the Chinese government has implemented ambitious plans to increase the improved sanitation available for its citizens. Since 1980 rural areas on paper have been the national priority through the CCP’s rural development projects. In 1978 China
57 Carlton et al. “Regional disparities in the burden of disease attributable to unsafe water and poor
sanitation in China”.
58 World Toilet Organization. “We Can’t Wait”. 59 WTO 2014.
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revived the Patriotic Hygiene Movement begun in 1952 which saw its greatest progress occur during the 1990s defining “improved sanitation” as having “a water proof
underground compartment, a proper roof and superstructure as a no fly and maggot and obnoxious smell” (Shen 2006) of which there are 6 different types usually organized by region.60 The Bureau of Environmental Protection and the Ministry of Agriculture, The
Ministry of Health, and the Ministry of Construction met every five-years to plan phases for the improvement of sanitation and water.61 A national survey in 1993 done by the
National Hygiene Movement Commission office found that 85.9% of rural households had access to a sanitation facility. However, only 7.5% had access to improved sanitation. In a government survey in 2003, some 51% (N=248.9 million) of rural households had access to improved sanitation.62 Yet, despite this progress, coverage did not satisfy the
CCP’s need for better sanitation for its citizens as well as for its reputation.
In 2006, the first year of the 12th Five-Year Plan, the Ministry of Health set the goal
of 68% coverage for both sanitation and water by 2011 in rural areas. By 2011 there were more than 20,000 water surveillance points with promises of still exponential instillation in the future. Foreign countries saw the importance of the CCP’s dedication to their citizens and the potential for economic development improved sanitation in China could bring the world economy and countries invested heavily in the development of rural sanitation infrastructure. The United States alone invested 27 billion USD as a part of the National Project for Rural Drinking Water Safety in 2011 just for China. In the previous Five-Year Plan, the United States had comparatively only invested 9 billion into
60 Shen, Dajun. “Access to Water and Sanitation in China: History, Current Situation and Challenges”. 61 Carlton et al. Regional disparities in the burden of disease attributable to unsafe water and poor sanitation
in China”.
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China.63From 1990 to 2012, more than 623 million people in China have gained access to
improved sanitation facilities causing China to be officially stated as having “met target” for the sanitation goal set by the United Nations through the Millennium Development Goal (MDG).
Other attempts to gain international acceptance as a rising power as well as to build its image can be seen in the current toilet revolution and the emphasis placed on building public toilet facilities for foreign and domestic tourists. The impact of toilets on global impressions is so great that the National Tourism Administration admits that tourism is seriously impacted by clean toilets. In fact, China believes this so much that in December 2016 the National Tourism Administration committed $290 billion RMB for just the next four years to improve the “rust belt’s” 100,000 public toilets.64The rust belt is slowing economically as it has been stripped of its precious minerals and left polluted and empty. The National Tourism Administration expects the improved toilet situation will lead to “economic growth from 10.8% in 2015 to 12% by 2020” (Weller 2017) due more willingness from tourists to visit the dying region. The administration further believes that the improvement project will increase tourist numbers “from 4 billion in 2015 to 6.3 billion by 2020” (Weller).
Other efforts to improve global status through toilets include the spectacular public toilet installation in Beijing during the second case study before the Beijing 2008 Summer Olympics. In 2004 members of the WTO met at the World Toilet Summit in
63 Carlton et al. “Regional disparities in the burden of disease attributable to unsafe water and poor
sanitation in China”.
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Beijing to guided tours of high-tech toilets with televisions, changing tables, and calming cello music.65 At the time of the summit government officials like Zhang Yue were bragging about how the city at the time “has up to 200 toilets that meet International standards now…. From now until 2008, Beijing will build and renovate up to 400 public toilets each year.”66 Toilets being built in great haste for the international games were lacking in proximity to the traditional hutongs, or neighborhoods with houses too old to provide modern plumbing, promoting a sense that this toilet revolution was more for the foreign tourists than for the Chinese citizen.67 Yet providing for the tourists over citizens still falls into the CCP’s modern goals of the Three Represents by adhering to the
“advanced social productive forces” as well as “the progressive course of China’s advanced culture”.
Though the CCP originally sought to return to purer communist ideology in the 1960s when improving the sanitation of rural farmers, the trend did not last as it became more economically beneficial to invest in cities over the years. In years prior to the Beijing Olympics massive efforts were made in the more tourist-visited coastal cities as opposed to cities in central or western China. Recent years have seen an increase in international attention and criticism, as well as large investments from other nations leading to increase sanitation advances in rural and tourist areas. Once again, through toilets we can observe the government’s evolution of being nationally focused on directly
65Anon. “Beijing to Upgrade Public Toilets in Time for Olympics”. 66Ibid.
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aiding its citizens to becoming more internationally focused to help their citizens by first improving international and economic status.
c. Privacy
Providing privacy in public can be a costly, yet essential, government endeavor. How much privacy does a citizen deserve in public, and what is the government’s options to providing these at an economic and reasonable price? Can the privacy that the
government supplies be analyzed to determine a culture’s need for privacy or is privacy natural and then supported more as a country’s economy grows? In this chapter, there will be an assessment of the current situation of privacy in China, the history and development of this modern idea.
The amount of privacy provided in the public restroom facilities throughout the country vary. There are stalls that are non-existent as well as stalls that reach from floor to ceiling, with many other styles in-between. In some stalls doors are absent where others they may come up only to the hip. In this first section, the definition of privacy through time will be discussed followed by how privacy has changed and why in modern China.
Though general term “privacy” does not usually focus on restrooms, it is still important to understand Chinese notions of privacy and its development in examining what people expect, what the government provides and how privacy might change in the future. Furthermore, when studying older bathrooms and comparing them with recently built and installed restrooms, it is important to understand that the elderly grew up with different preferences due to economic situations and degree of urbanization in their area.
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Experts often argue about the history of privacy in China and whether it would exist without exposure to Western countries. In “Protecting the right to privacy in China” By Cao Jingchun, Cao argues that privacy is a Western idea that has become a great modern influencer on the development of today’s Chinese society and culture. In looking at the amount of legal cases related to privacy. Cao found a direct correlation between the economic boom of the 1990s and a rapid increase in the number of people’s lawsuits concerning privacy. After 15 years of deliberation, rights to privacy were finally installed in the draft for the 2002 Civil Code. The draft was then sent to law-makers where it was passed. By 2005, there were more than 200 laws regarding privacy in China. Cao does admit that although this seems impressive, “However, the general population of China is still not properly aware or accurately informed of the concept of privacy and the law does not sufficiently protect privacy rights” (Cao 2002)68. But when then does a population become aware of something and how is it first reflected?
Cao argues that awareness can be traced through the usage of the Chinese word for privacy “隐私“ or “yinsi”. He notes that the word “隐“ yin means “hide” and “私” si means “private”. Combining the two thus relates to matters that should not be talked about in public as opposed to the more Western idea of seclusion away from other people. Such topics that would require 隐私 yinsi would thus be ones that would shame the families, like divorce, sex with minors, and so on. Thus, the negative connotation continues into modern China leading families fearful of losing their reputation and thus paying money outside of the court system instead of using the new privacy laws to their
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advantage in the court. The author also notes that the Chinese legal system is imperfect and does not justly prosecute wrong doers while also being complicated bureaucratically and discouraging people from attempting to use their rights.69
During the Warring States period, while the word隐私 yinsi was not used, a concept of privacy did exist. Cao draws this conclusion by looking at a Confusion teaching that says, “Do not look, if it disagrees with Li; do not listen, if it disagrees with Li; do not talk, if it disagrees with Li” (Cao 2002). The Confucian “doctrine operated to restrain people's speech and conduct to some degree, which included prohibiting invasion of a person's private life, especially disclosures of intimate
relationships. The strict Li rule governing conduct also severely limited basic autonomy, especially for women.” (Cao 2002).
Yet, per “Chinese concepts of privacy” by Bonnie S. McDougall and Anders Hansson, the authors note that the commonly disproven Sapir-Whorf hypothesis, or the hypothesis that languages influence concepts, is wrong in terms of privacy in Chinese society. While the etymology behind the word “privacy” in Chinese is interesting and should be noted, it does not sway or form the Chinese viewpoint. Instead, they argue that privacy is not shaped differently in each culture due to unavailable words with the same connotation but rather lack of similar experiences70.
Furthermore, McDougall and Hansson argue one should not look to laws and civil codes for a culture’s definition of privacy is. They insist that due to history and the
69 Ibid.
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differences in the development of countries, states, provinces etc. that some laws and civil codes are simply not written because there is unsatisfactory infrastructure of government to write about them with.71 Yet, the lack of privacy laws within a civil code can also be telling as codes are usually formed when people find need in providing basic rights for people. The PRC’s civil codes rarely mention privacy and are silent regarding conduct in the bathroom thus demoting it as a right for all people.
While McDougall and Hansson may disagree with the usage of etymology and dissecting civil codes to understand changing Chinese viewpoints of the sense of privacy, they do not argue in the sense of a need for the historical context of privacy. Their
historical research into the concept of privacy leads them to analyze “Hong Lou Meng”,
(Dream of the Red Chamber) “one of the four great classical novels in Chinese history
written by Cao Xueqin. The author propels the plot by playing with improper interruptions “what is private (sexual intercourse, excretion, a women’s toilet)” (McDougall and Hansson, 21). As the novel was written in the 18th century, it clearly shows that there was a strong sense of privacy, including regarding excretion, during late