Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Worst Forms of Child Labour Convention, 1999 (No. 182) - China (Ratification: 2002)

Other comments on C182

Observation

Direct Request

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Article 3(a) of the Convention. Worst forms of child labour. Forced labour in juvenile criminal camps. The Committee previously observed that China’s juvenile criminal camps subject persons under 18 years of age to hard labour. The Government indicated that such labour is carried out based on convictions issued under the Criminal Law and the Prison Law. It also stated that this labour is neither hard nor hazardous, but rather is strictly limited based on the physical and psychological characteristics of juvenile offenders so as to better protect their legitimate rights and interests.

The Committee takes due note of the copy of the Administrative Regulations of Reformatories for Juvenile Offenders attached to the Government’s report. According to section 43, the work of juvenile offenders shall be organized strictly in compliance with relevant regulations concerning work types, labour intensity and protection measures. Juvenile offenders shall not perform heavy or dangerous tasks nor work outside the prison premises. Minors under 16 years of age shall not perform work. Moreover, juvenile offenders shall not work more than four hours per day and 24 hours per week.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted that the Government’s national plans did not appear to address the commercial exploitation of children who were not victims of trafficking, or who did not live on the street, particularly their use, offering or procuring for the purpose of prostitution, pornography or pornographic performances. The Committee noted the information provided by the Government concerning efforts taken by the Ministry of Public Security to strengthen efforts to criminalize forced prostitution, including child prostitution, and to rescue young girls. The Government indicated that no penalties are imposed on child victims of prostitution aged 14 to 18 years, who are instead reintegrated into education. In addition, the Government has aimed to protect children’s rights and collaborated with educational departments and women’s federations to raise awareness and promote the smooth reintegration of these children.

The Committee notes the absence of information in this regard in the Government’s report. The Committee therefore requests the Government to indicate its programmatic measures to combat the use, offering or procuring of children, including boys, for the purpose of prostitution, pornography or pornographic performances.

Article 7(1). Penalties. Forced labour. Following its previous comments, the Committee noted with interest the 2011 amendment to section 244 of the Criminal Law to provide a penalty of imprisonment of not more than three years or criminal detention and a fine; or if the circumstances are serious, imprisonment of not less than three years but not more than ten years and a fine, for cases of forced labour, including cases in which the perpetrator knowingly recruits or transports a workforce for any other person to commit the act as mentioned or otherwise assists in forcing any other person to work.

The Committee notes the Government’s information that, from June 2014 to June 2017, the courts handed down decisions on 78 cases of forced labour, involving 90 perpetrators without specifying the number of cases involving children. According to the jurisprudence published by the Supreme Court, a case concluded in 2015 is related to the forced labour of minors. The two perpetrators were imposed penalties of three years’ imprisonment with a fine of 10,000 Chinese yuan renminbi (CNY) (US$1,500) and ten months’ imprisonment with a fine of CNY5,000, respectively. The Committee requests the Government to pursue it efforts to make sure that thorough investigations and robust prosecutions are undertaken. It also requests the Government to continue providing information on the number of persons investigated, convicted and sentenced for cases of forced labour involving victims under the age of 18, and the penal sanctions imposed.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Beggars and street children. The Committee previously noted the Government’s information concerning the activities and programmes that were implemented by various ministries from 2011 to 2014 to rescue and protect street children, as well as the information concerning efforts to educate and reintegrate these children. The Committee also noted the Government’s statistical information, according to which, in 2013, approximately 20,000 street children returned to school and over 40,000 of them were educated and reintegrated. The Government further indicated that the Ministry of Public Security (MPS), along with civil affairs and other departments, rescued 2,291 begging children and investigated and handled 24 suspects who were involved in crimes of organizing, coercing and using children for begging, and that 20 suspects were detained.

The Committee notes the Government’s information that, since May 2013, ten governmental institutions jointly have been implementing a special programme to help street children to return to school. Through this programme, 184,000 children received assistance in 2013, while the number decreased to 16,500 during the first quarter of 2016. The Government states that the number of street children is decreasing. The Committee also notes the Government’s indication that a series of normative documents have been formulated to further strengthen police presence and improve the procedures of rescue and assistance services to street children. For example, the State Council issued the Interim measures for social assistance in 2014, section 51 of which provides that the organs of public security or other public authorities shall direct and accompany minor beggars and street children to places where assistance is provided, if detected during their performance of duty. In 2014, the Ministry of Civil Affairs also issued the Regulations on procedures for rescue and assistance management agencies of homeless vagrants and beggars, Part III, Chapter 4, of which provides for special services and measures targeting minors. The Committee requests the Government to continue providing information on the measures taken to protect street children and children involved in begging, and on the number of children rescued and provided with assistance.

2. Child domestic workers. The Committee previously noted that, according to the ILO document entitled “Situational Analysis of Domestic Work in China” of 2009 (ILO Situational Analysis), there were approximately 20 million domestic workers in China, which could include children from the age of 16 years. The Committee noted the Government’s information concerning the activities undertaken by the Ministry of Human Resources and Social Security (MoHRSS) to strengthen the implementation and supervision of laws to protect child domestic workers. The Government indicated that these activities include routine and ad hoc inspections, handling of complaints and reported cases, and sanctioning employers who engage in the illegal exploitation of child labour. In addition, the Committee noted the Government’s statement that the younger generation is reluctant to engage in domestic service and that, so far, no case of child domestic workers has been found in labour inspections.

The Committee notes the Government’s information that no child labour has been found in domestic services. The Government also indicates that it is vigorously promoting the construction of labour security supervision networks, which have been extended to streets (townships) and communities (villages). Moreover, special actions were carried out with a focus on recruitment agencies to prevent and investigate child labour. The Committee requests the Government to provide information on the detection of any cases of child domestic workers in its future reports.