Individual Case (CAS) - Discussion: 2007, Publication: 96th ILC session (2007)

A Government representative referred to the written documentation already submitted to the Committee and reiterated that his Government was strongly committed to eradicating the worst forms of child labour, having made unstinting efforts to implement the Convention effectively.

Firstly, measures had been taken to improve legislation and the rule of law. The Labour Law, the Criminal Law, the Law for the Protection of Minors, the Compulsory Education Law and the Law on the Protection of Rights and Interests of Women contained specific provisions on the prohibition of child labour, including its worst forms, and stipulated penalties. In recent years, China had amended its Criminal Law by adding several provisions on the offences of child trafficking, the sale and purchase of trafficked children, and the recruitment of children for hazardous and hard labour; as well as by stipulating more severe penalties. The Regulations on the Prohibition of Child Labour had been revised. A document on issues related to rural-to-urban migrant workers had been published, with special attention being paid to the right of the children of migrant workers to equal access to education. An approach to assist and protect homeless minors was currently being drafted; the Regulations on Administration of Overseas Employment Agencies were under revision with a view to putting an end to cross-border human trafficking for labour exploitation, and the system of re-education through labour was under review. The Government was also cooperating with the ILO on the two fundamental Conventions on forced labour. Furthermore, Labour and Social Security Inspection Regulations had been promulgated and implemented; training modules for labour inspectors had been developed, and inspectors were being trained in cooperation with the United States Department of Labor and the ILO.

Secondly, efforts had been made to address the root causes of child labour through poverty eradication and universal education programmes. For nearly three decades since 1979, the Chinese economy had maintained an annual growth rate of 9 per cent, reducing the population living in poverty from 250 million to 20 million. Economic growth had laid solid foundations for the elimination of child labour. In recent years, the Government had launched a programme to develop rural areas and had increased the budget for those regions, focusing on infrastructure development in health, education and transportation. As of 2006, agriculture tax was no longer levied. The disposable income of residents in rural areas had increased by a real 7.4 per cent in 2006 compared to 2005. In 2007, tuition fees covering the entire period of compulsory education had been waived in rural areas nationwide, to the benefit of around 150 million primary and secondary-school students. In addition, China provided living subsidies for students from poor families. In 2006, 7.8 million students had received such subsidies. In 2005, the national enrolment rate of primary school-age children had reached 99.15 per cent, while the junior middle school rate was 97.38 per cent.

Thirdly, action had been taken to mobilize civil society to combat child labour. While the Government had an undeniable obligation with regard to the prohibition of child labour, social partners and non-governmental organizations (NGOs) could also play an irreplaceable role. The All-China Federation of Trade Unions (ACFTU), China Enterprise Confederation, All-China Women's Federation, China Youth League and other NGOs provided strong support to the Government. Those organizations took advantage of their close connection with the population at the grassroots level, undertook publicity campaigns on laws and policies and outreach programmes for vulnerable groups, served as part-time labour inspectors and participated in targeted inspections on the ban on child labour. Those measures greatly supplemented the Government's efforts. For example, the All-China Women's Federation had implemented the ILO project on the prevention of trafficking in women and children and had undertaken such activities as education on gender equality, occupational skill training and also provided small loans, with a view to improving the living conditions of women and raising the enrolment rate of girls in poverty-stricken areas.

Fourthly, efforts had been made to strengthen education concerning the legal system, and to enhance awareness of the rule of law. The Government had placed legal education on the programme of all its departments. Public lectures, contests, posters and brochures on relevant legislation were used to raise the awareness of businesses so that they would comply with the law, and raise the awareness of the public so that it could protect itself through the law. Efforts to combat child labour, in particular in its worst forms, had always been an important component of those education programmes.

The Government representative recognized that, despite the ardent efforts and the significant progress achieved, China was the most populous developing country at a relatively low level of economic development, with broad regional disparities and a society undergoing change. Consequently, child labour still existed in a small number of enterprises and individual businesses, sometimes in its worst forms. The Government was firmly committed to combating child labour. Once child labour was identified, those responsible would be punished severely without delay.

In conclusion, China was making significant strides towards modernization, and had, along the way, encountered difficulties and problems, some of which had been resolved. Many issues were yet to be addressed and difficult to tackle but efforts were being made nonetheless. In recent years, China had put forward the Scientific Outlook on Development aimed at building a harmonious society, which emphasized balance and coordination between economic growth and social progress, between rural and urban development as well as development between different regions. The concept sought to put people first in order to realize development by the people, for the people, with the ensuing benefits being shared among the people. With regard to efforts to combat child labour, the Government representative assured the Committee that continued efforts would be made to improve legislation further, to strengthen compliance and to implement effective measures. China stood ready to boost its cooperation with the ILO and the tripartite members of the Organization, to learn lessons and to share experiences in order to further improve its work. The Government representative called for joint efforts to attain the ultimate goal of eliminating child labour.

The Employer members welcomed the Government's commitment to eradicating child labour and to striving towards universal education for all children, as well as its willingness to cooperate with the ILO and the international community on the matter. They recalled the Committee of Experts' comments that although national legislation appeared to prohibit the sale and trafficking of children aged under 18, trafficking for labour and sexual exploitation remained a concern in practice. China continued to be a source, transit and destination country for trafficking in children for sexual exploitation and the entertainment industry. However, they found it significant that the Committee of Experts had also noted a number of measures taken by the Government to combat trafficking in children in coordination with the social partners and in close cooperation with the ILO. Those included public education campaigns and conferences on human trafficking, making combating trafficking a top priority for the Public Security Department, and training police officers working at different levels to combat trafficking in children. The Employer members also specifically noted the measures taken by the Government regarding international cooperation and commended the Government on its steps to prevent trafficking in children for labour and sexual exploitation and on the important progress achieved. They hoped that the Government would continue to develop measures in that area.

With regard to forced child labour, the Employer members noted that the Committee of Experts had observed that despite the prohibition of forced labour under national legislation, a number of work-study programmes continued to exist, such as "diligent work and economical study" for children aged between 12 and 17, and "re-education through labour" for children aged over 16. Although the Government had explained that those programmes applied to children who had committed offences requiring criminal punishment and that the system was currently under review, the Employer members were concerned by the situation of children performing forced labour either in work-study programmes or as part of re-educational and informative measures. They reminded the Government that forced child labour was considered one of the worst forms of child labour, and requested the Government to take measures to ensure that children were never subjected to forced labour.

With regard to labour inspection, the Employer members noted that the Government had adopted regulations expanding the authority of the labour inspectorates to enforce the law. They were pleased to learn that the Government had increased the human and financial resources allocated to the labour inspectorates and commended the Government for working with the ILO regarding training for labour inspectors. They encouraged the Government to continue implementing those positive measures.

Lastly, with regard to homeless children, the Employer members noted that the Committee of Experts had observed that there was a significant number of child beggars and noted with interest the measures described by the Government to address the situation. Recognizing the complexity of the problem, they encouraged the Government to continue its efforts to protect homeless children and child beggars from the worst forms of child labour.

The Worker members welcomed China's ratification of Conventions Nos 182 and 138, since it was a significant statement of commitment to the international community and the ILO. Bringing a quarter of the world's children under that ambit marked significant progress in the shared campaign to eliminate child labour, particularly its worst forms. The Worker members, the International Trade Union Confederation (ITUC) and the Global March Against Child Labour had previously stressed the need to understand and pursue the holistic relationship between Conventions No. 182 and No. 138, the achievement of universal education, and decent work for adults. Experience told that a holistic approach by governments and social partners promoted greater, more rapid and more sustainable progress.

The education legislation passed by the State Council and the ratification of Convention No. 138 with a minimum age of 16 indicated that the Chinese authorities agreed that the elimination of child labour required the provision of universal, compulsory and formal public education up to the minimum age for employment. Additional resources were welcomed, but more needed to be done to ensure quality education for all, to remove the need for schools to raise funds by ensuring income-raising labour from their pupils and to fulfil the requirements of Convention No. 182.

Given the size of China, it was unsurprising that it should be a source of internally and externally trafficked workers. Though trafficking was a subset of forced labour rather than migration, movement of people and the risk of trafficking were related. Recent internal migration in China was the largest in human history. In 2005, there were 140 million migrants, with 40 million in Guangdong Province alone. With such rapid economic and demographic change, the trafficking challenge had grown. Chinese workers were also being trafficked internationally. Deficits in domestic decent work caused them to take great risks in seeking work abroad, meaning that they could fall victim to traffickers.

The Worker members recalled the deaths of more than 50 trafficked shellfish-pickers in the United Kingdom and the ensuing outpouring of anger and sympathy, which had led trade unions and food retail companies to campaign successfully for new legislation regulating "gangmasters" - irregular labour contractors - in the agricultural sector. China should also regulate informal labour brokers who facilitate trafficking and employment. The ratification of the Private Employment Agencies Convention, 1997 (No. 181), would assist in that matter. Furthermore, official Chinese labour offices were costly and offered work which demanded high levels of skills and education, meaning that children with low levels of education - among them the most disadvantaged and excluded - were likely to find work through unregulated labour brokers.

The Worker members welcomed the authorities' recognition that trafficking was a serious challenge requiring an effective and coherent response. The information supplied indicated the crucial understanding that trafficking - characterized by deception and coercion - of women and children gave rise to forced labour. Chinese law defined trafficking of children as abduction for adoption and forced marriage. There was also the de facto recognition that abduction could result in sexual exploitation. The authorities could, however, take more coherent action if the legislation itself clearly reflected a comprehensive understanding of trafficking for labour and sexual exploitation.

In the spirit of constructive debate and the Government's commitment to eliminating trafficking of all children aged under 18, both male and female, the Worker members urged the drafting of comprehensive, consolidated legislation, calling on ILO technical assistance if necessary. They urged the Government to study and ratify the Protocol to prevent, suppress and punish trafficking in persons, especially women and children (the Palermo Protocol) and to examine the new European Convention on Action against Trafficking in Human Beings, which stressed the rights of victims. Given the commitment that they heard, that course of action appeared logical. A further logical course of action would be to ratify Conventions Nos 29 and 105, and the Worker members urged the Government to move rapidly on that matter.

There was some existing and developing good practice. Educational material was being produced to warn children and young migrant workers of the risks of trafficking and to inform them about how to stay safe. They were currently being used in pilot schemes, but mainstreaming them would be highly advantageous. The Worker members requested that the Government supply information about the extent to which such information was being made available to children who had dropped out of the educational system, as they were at greater risk, and to children from ethnic minorities and other socially excluded communities. Education, movement, housing, discrimination and exploitation all required action.

The Worker members welcomed projects under way to combat trafficking and to protect migrant workers, such as the Pan-River Delta Regional Women Development Cooperation Framework and a project on preventing trafficking in girls and young women for labour exploitation. They asked the Government to provide further and more detailed information about implementation and results of those projects. They noted the important role of the All-China Women's Federation and the ILO, as well as the role for the All-China Federation of Trade Unions spelled out in the State Council Directive on Trafficking.

Law enforcement, particularly concerning trafficking, also required effective inter-agency cooperation between the various public authorities. The education system, the police, the labour ministry, labour inspectors, social and health services, social protection, public housing and the transport network all had roles to play in disseminating information, detecting trafficking, protecting victims and prosecuting offenders. The Worker members insisted, however, that the death penalty was incompatible with international law prohibiting cruel and unusual punishment.

While reports indicated political will in central government in tackling trafficking, evidence reflected a lack of local enforcement. The Worker members were deeply concerned by reports of poor local enforcement and collusion between local authorities, the police and bar and nightclub owners in the recruitment of Tibetan sex workers. Additional information supplied by the Government reported information on combating the trafficking of Tibetan women and girls, but more detailed evidence was required. The Government should collate and provide clear statistics and information. The agreement on Labour Cooperation among the Labour and Social Security Departments of nine provinces and regions within the Pan-Pearl River Delta called for the building of labour market information networks and the collation and analysis of regional labour market information. The Worker members asked the Government to supply the Committee of Experts with the detailed labour statistics arising from those endeavours.

Inter-agency cooperation also required a strengthened, gender-balanced and child-friendly labour inspectorate. The Worker members welcomed the expanded authority of the labour inspectorate under 2004 regulations, the cooperation between the Labour Ministry and the United States Department of Labor in developing training materials, as well as the ILO training workshops, which they hoped would continue and spread. They recommended that the Chinese authorities consider the conclusions of the ILO meetings of experts on labour inspection and child labour. The labour inspectorate required increased capacity and access to all workplaces, including in the informal economy, where trafficked children were more likely to work. If legislation was required to enable such a step, it should be enacted.

Developing coherent public policy required qualitative and quantitative research. The report to the Committee of Experts was rather general and would be insufficient for forging such policy and for easily identifying where intervention was required or where ILO assistance could be of greater assistance. There was a need to go beyond averages and generalizations and, alongside broad national legislation and social policies, to focus delivery on specific areas, sectors and subgroups where the prevalence and risk of trafficking was greatest. The Worker members welcomed the additional information on efforts to protect homeless minors and child beggars.

Turning to re-education through labour, the Worker members noted that school-run factories operated in work-study schools under the "Diligent Work and Economical Study" programme. In violation of the Convention, children sent to those facilities without due process were detained and required to perform at least 12 hours' labour per week. The international trade union and child rights movements had deep concerns over those procedures, not least that most girls had been detained for sexual offences. Many had been confined for having underage but consensual sex, but girls were punished for such behaviour more than boys. Girls who were victims of sexual exploitation could also be subject to that regime, violating the principle that victims must be protected. Given that they were punished without due process and by forced labour, the Worker members noted significant incompatibility with the Convention and the rights of the child: gender discrimination, no due process, forced labour and victimization - not by private exploiters, but by the State itself.

With regard to re-education through labour camps, the Worker members noted a typographical error that had appeared in the report by the ITUC and, as a consequence, in the Committee of Experts' report. It referred to the power of local security bureaux to send children aged 13-16 to custody and re-education programmes "with" recourse to the criminal justice system, when it should have read "without" recourse to the criminal justice system. This was an example of summary punishment and children were also sent to those camps without due process. Forced labour of children violated the Convention, and in addition the Worker members asked why children were being detained without the right to fair legal proceedings and defence.

The Worker members had received contradictory information about whether children could be sent to re-education programmes. Even if it were the case that children aged under 16 could not be sent to such camps, the Government had informed the Committee that children aged 16 and 17 could in fact be sent there, thus violating the Convention, which defined a child as any person aged under 18 and prohibited all types of forced labour for children. Therefore, China was not in compliance with Convention No. 182 or with the United Nations Convention on the Rights of the Child. That non-compliance should be resolved as a matter of urgency.

There was a further system in which schoolchildren were forced to work to make up school budgets. That included factory and agricultural work, for example, with arduous long hours picking cotton, quotas to be filled and fines for missed targets. The Worker members further recalled the fatal explosion in a school where children were producing fireworks. British-based companies sourcing glass Christmas ornaments from Xanxi had discovered child labour in their production chains. In conjunction with the trade union organizations in the Ethical Trading Initiative, they were supporting remediation and transfer of those children back into education. Multinational enterprises needed to examine the capacity of the local adult labour market before they placed contractual demands in communities where they would be filled only with recourse to - possibly hazardous - child labour.

Despite the common ground and good will, and although discussion was under way in China, there was a need to enter into deeper discussion in the ILO forum about re-education through labour. The Worker members had received contradictory information about the subjection of children to forced labour under the various strands of that policy. They noted the findings of the Committee on Economic, Social and Cultural Rights that "Diligent Work and Economical Study" programmes constituted exploitative child labour in breach of Convention No. 182, and the Committee's encouragement to China to withdraw the programme. They further noted its grave concern at the use of forced labour as a corrective measure, without due process, under the re-education through labour programme.

The decisions governing re-education through labour dated from 1957. As China leapt forward in economic growth and surged ahead as a pillar of the global economy, it needed modern legislation, modern social policy and modern industrial relations that were compatible with international law in order to enable it to achieve its aim of a balanced and prosperous society. The Worker members recognized that entering into a debate on reform meant recognizing that a problem existed and needed to be solved. They expressed the belief that such recognition was a sign of strength, rather than weakness, since it demonstrated a willingness to embrace change and progress. Therefore, they urged the Chinese authorities to continue dialogue at the highest level with the ILO and other relevant United Nations agencies in order to find a way to dismantle the re-education through labour system, which was already under review.

The Worker members echoed the Committee of Experts' request for further information about the implementation of the Global Education for All Campaign and the ILO Mekong Delta Trafficking project.

The Worker members hoped that they had demonstrated the international community's willingness to help China - through support and constructive criticism - to attain the goal of full compliance with Convention No. 182.

The Worker member of China stated that Chinese trade unions strongly opposed any form of child labour, particularly its worst forms. Together with other social partners, they had vigorously lobbied for the ratification of the Convention by China. Since ratification, Chinese trade unions had taken numerous measures to promote its implementation. For example, Chinese trade unions had assisted the National People's Congress in launching a nationwide inspection on the enforcement of the Regulations on the Prohibition of the Employment of Child Labour from July to August 2005. They had also participated in the ILO programmes on combating trafficking. China had established a sound legal framework for eliminating child labour, which was consistent with the provisions of the relevant Conventions. However, in reality the use of child labour had still not been completely eliminated. This was largely due to the fact that, despite economic growth, poverty remained a problem in China. In addition, some companies were solely driven by profits and resorted to child labour. Furthermore, China's labour inspection needed to be strengthened. The speaker suggested that China should take action to bring about economic development and reduce poverty. In addition, legal education and raising legal awareness among the public should be provided and labour inspection should be reinforced. The Chinese trade unions urged the Government to take effective measures, and make concerted efforts, together with the social partners, to eliminate the worst forms of child labour.

The Employer member of China stated that the Government had made outstanding achievements in improving the labour environment and eradicating child labour. China was promoting economic and social development in a comprehensive and coordinated way by adopting the concept of scientific development in which a people-oriented approach was key. With the improvement of relevant labour laws and regulations, awareness of the need to respect and protect workers had been widely increased, and the environment for eradicating child labour and realizing decent work was maturing. He stressed that most Chinese employers complied with child labour legislation. However, China remained a developing country and its society and economy was developing in an unbalanced way with variations between employers in the level of awareness of child labour. While recognizing that child labour existed in China, he underlined that employers in general were strongly opposed to it. In conclusion, he called upon employers to comply with child labour legislation, to motivate their business partners not to use child labour and to fulfil their social responsibilities. His organization wished to work closely with the ILO and other social partners to eradicate child labour and to provide children with a better environment and education in order to help them to become the driving force behind the country's development.

The Worker member of Senegal noted that the systematic degrading of women in Chinese society ultimately resulted in China being a source and destination country for the trafficking of women and children for commercial and sexual exploitation, with the main developed countries in Europe and North America as the primary destination. The ineffectiveness of repressive action led to a constant increase in trafficking. The absence of local measures virtually destroyed all efforts made by the Government to put an end to the scourge, and national legislation did not provide for the necessary sanctions to punish traffickers and their accomplices. Furthermore, families needed to possess the necessary means to assume their parental role, and the labour inspection needed to have at its disposal the means required to discharge its duty. In substance, the Government had to continue striving to combat the problem, since a harsh economic climate could increase poverty and thus aggravate the risk of the emergence of the worst forms of child labour. Ratification of Convention No. 29 would, without a doubt, enable the legal system in place to be strengthened.

The Worker member of France stated that one of the problems concerning the application of the Convention by China was that of forced labour in schools. The fact that children were subject to labour, particularly forced labour, within the very institution that should keep them safe, was, at the very least, paradoxical. Numerous sources testified that some schools forced their pupils to undertake paid productive activities and claimed to assist the children in developing new "skills". Unfortunately, in most cases, the tasks undertaken were not only far from educational, but in fact arduous and often dangerous.

In 2001, the explosion of a school in Wanzai county, Jiangxi Province, which had become known as the "fireworks capital", perfectly illustrated that issue. Sixty pupils, aged from 8 to 9, and three teachers died. Despite protests by parents, the children were required to make fireworks, without pay, and families even risked being fined if their children refused. In the autonomous Uighur province of Xinjiang, classes were interrupted every year at the same time and pupils were sent to pick cotton. The activity was an official part of the "work-study" programme, but the children were required to fulfil a certain level of productivity at the risk of a fine, sleep in dormitories for six weeks and work from 7 a.m. to nightfall. with a 30 minute lunch break. Some 100,000 pupils in the province participated.

Each year, girls fell victim to sexual assaults during the harvesting and children were victims of accidents, particularly relating to tractors, which they were authorized to drive. Thus, not only did schools compel their pupils to undertake forced labour, but they required them to carry out dangerous work, which was a gross violation of Article 3(d) of Convention No. 182. Requiring children to work was a means for schools to raise additional funds to cover their expenditure and finance materials and teaching. According to the last United Nations Development Programme Report on Human Development in China, the country earmarked only 3.4 per cent of its GDP for education, which was much lower than the international average. Lacking financial resources, schools needed to find solutions. Other than child labour, they implemented enrolment fee systems which could prove prohibitive, thereby contributing to excluding children from already marginalized families from the education system. The administration and funding of primary schools were within the purview of the local authorities. It appeared that the smaller a region's resources, the higher the education fees and the greater the recourse to forced labour in schools. Therefore, children from the poorest regions were most likely to be compelled to work. China had indeed made considerable progress in education. Between 1964 and 2000, the illiteracy rate had fallen from 52 to 9 per cent. Such progress was commendable, but its impact would remain limited as long as the unacceptable practice of forced labour in schools continued. Additional information on the financial assistance that was supplied for schooling and regarding the 98 per cent of primary school-age children attending school would be welcomed. School was, by definition, the place which should protect children from forced labour, the institution which should enable them to later have access to decent and dignified work. It should give them the keys to their freedom and their future. Forced labour in schools should therefore be entirely prohibited. To achieve that aim, the Government should forge an ambitious and coherent education policy so that schools no longer needed to seek, through any means, additional financing, and also to reduce inequality in access to education.

The Worker member of Germany expressed her concern that despite some progress in respect of the application of the Convention, there were still serious forms of forced child labour in China - either by "work-study schools", labour camp re-education programmes or "custody and education".

The work-study schools were, in reality, in certain instances school-run factories, which could lead to the exploitation of child labour. In "re-education through labour" camps, children had scant safeguards against overwork as well as dangerous working conditions. In school-related and contracted work programmes, children were exploited by heavy work in labour-intensive unskilled jobs in rural areas of handicrafts, firework assembly, cotton harvesting or small-scale industry. Children forced to stay at work-study schools had scant education and training and were vulnerable to dangerous and poor working conditions and serious accidents. Young girls also suffered sexual abuse. Those forms of child labour severely breached the Convention. The speaker therefore called on the Government to withdraw the programmes and ensure through legislation, practice and adequate labour inspection that children and young people aged under 18 were not forced to work, either through re-educational or reformative measures in schools.

She also reminded the Government of the conclusions of the Governing Body at its 293rd Session in respect of Case No. 2189 of the Committee on Freedom of Association regarding China "that the subjection of workers to the education through labour system without any court judgement is a form of administrative detention which constitutes a clear infringement of basic human rights ...". In the recommendations of that case, the Government was requested to refrain in future from applying the measure of re-education through labour which constituted forced labour. What was recommended by the ILO Governing Body for the respect of human rights and trade union rights at large was even more valid with respect to the particular case of abolishing forced labour for children in line with Convention No. 182.

The Worker member of the United States considered efforts to combat and eradicate child labour, including its worst forms, to be fundamental and a founding principle of the ILO. The failure to fully investigate and divulge the prevalence of the worst forms of child labour in China meant that the problem had remained hidden from much of the public opinion worldwide, including in the United States. He pointed to the seriousness of the problem by highlighting the examples of the millions of school-age children working in the low-cost manufacturing industry and the kidnapping and trafficking of children from southern China's coastal region to undertake hazardous work in the cities.

Turning to the root causes of two specific forms of child labour, he stressed that Chinese children would continue to be victims of the sex and drug trade and be involved in work detrimental to their health, safety and morals as long as certain social, structural and public policy conditions persisted. He mentioned in that regard the deterioration of decent work for the adult population, especially in southern coastal industrial areas, due to pressure from the Government and multinational companies, including from the United States, for ever cheaper labour costs, and the privatization of fees for public schooling. The UN Special Rapporteur on the Right to Education had, however, found in 2003 that the privatization of fees for public schooling compelled parents to pay for nearly 50 per cent of schooling costs amounting to at least a month's pay per term. Those rising costs made education inaccessible to many Chinese children, driving them into the labour force and making them vulnerable to forms of child labour in violation of Convention No. 182. He welcomed the fact that the Government had waived the education fees for children but insisted that the situation should be monitored to determine whether progress had been achieved.

In conclusion, he supported the recommendations of the Committee of Experts for a more effective enforcement of the measures against trafficking, a heightened prosecution of those responsible for kidnapping and trafficking children, an enhanced inspection capacity for the Chinese authorities and a better protection for child beggars and homeless children. However, if the lack of decent employment for millions of parents and the lack of a sustainable educational system persisted, the Conference Committee as well as the Committee of Experts would be obliged to review the case for many years to come.

The Government representative thanked the Employer and Worker members, as well as the other members of the Committee, for their positive remarks and encouragement on the efforts his Government had made and progress achieved. He also thanked them for their understanding with regard to the challenges and difficulties confronting China and for their advice and suggestions on making progress. However, on the issue of forced child labour he indicated that there was a misunderstanding regarding the nature of work that was carried out in the context of the education system. The work-study schools and the re-education through labour programmes should not be considered as forced labour. Nevertheless, he reassured the Committee that his Government remained committed to fully implementing Convention No 182, and that it would continue its efforts to develop the economy, eradicate poverty and ensure access to compulsory education, as well as to enhance and enforce the legislation on child labour, particularly its worst forms. His Government was ready to cooperate with the Office and the tripartite members of the ILO in the global endeavour to end child labour. It was also determined to face the challenges and difficulties and was fully confident of achieving greater progress.

The Employer members welcomed the Government's commitment in cooperating with the workers' and employers' organizations and the ILO in eradicating the worst forms of child labour. The Government should continue to take measures to apply the Convention in law and in practice, to monitor their impact, and to report to the Committee of Experts.

The Worker members noted that progress had been made, particularly in the Government's campaign against trafficking, but felt that more remained to be done and a broader, more effective campaign could be constructed. They further noted areas of continuing and serious non-compliance, such as hazardous work and forced labour for children. Therefore, they repeated their calls for coherent national legislation and more effective law enforcement; strengthened and effective inter-agency cooperation; inspectors active in their international organization; effective, child-friendly action at the local level; resources to ensure free, compulsory, full-time education for all children delivered as a quality public service and up to the minimum age of entry into employment; study and ratification of the Palermo Protocol; ratification of Conventions Nos 29, 105, 181 and regulation of informal labour brokers; an end to re-education through labour and the forced labour of children that it entails; collation and publication of disaggregated statistics on child labour and its worst forms, and their delivery to the ILO; and continued international cooperation by and for China and the country's children. The Worker members urged China to make a move in that direction, and welcomed indications from the Government to further progress towards compliance.

The Worker members further urged multinational enterprises to take responsibility for labour practices in their supply chains in China and not to pursue business practices which fostered child labour, but instead to promote decent work for adults, as well as contributing to programmes ensuring that all children were safe at school. They also noted that greater freedom of association and collective bargaining would further empower Chinese workers and make a greater contribution in that field.

Lastly, they called upon all involved to place the rights of the child at the heart of their policies and actions and to listen to children, their families and communities in forging effective and child-friendly policies to ensure full conformity with the Convention.

The Committee took note of the detailed written and oral information provided by the Government representative as well as the discussion that took place thereafter. The Committee noted that the report of the Committee of Experts referred to comments from the International Trade Union Confederation relating to the sale and trafficking of children for economic and sexual exploitation, forced child labour, child beggars, and the need to strengthen labour inspection.

The Committee noted the detailed information provided by the Government outlining the comprehensive measures taken, in collaboration with the social partners, to combat the trafficking of children. These measures included the publication of educational materials on the risks of trafficking, and numerous public education campaigns and conferences regarding the prevention of trafficking, the training of police on anti-trafficking measures, as well as collaboration with several other Governments on the investigation and prosecution of traffickers.

The Committee welcomed the policies and action programmes put in place by the Government, as well as the progress achieved by it to combat the trafficking of children, and encouraged it to continue its efforts in this regard. In order to promote such enhanced efforts, the Committee encouraged the Government to develop comprehensive and consolidated legislation prohibiting trafficking.

Concerning the issue of forced child labour at work-study schools and forced child labour in re-education through labour camps, the Committee noted the Government's indication that such practices were currently being reviewed by the Government. The Committee also noted the concern expressed by several speakers about the situation of children under 18 performing forced labour either in work-study programmes, as part of re-educational and reformative measures or through school-related work programmes. The Committee emphasized the seriousness of such violations of Convention No. 182 and urged the Government to take measures, as a matter of urgency, to ensure that children were not subjected to forced labour in any situation and to provide information on developments in this respect in its next report to the Committee of Experts. In this regard, the Committee encouraged the Government to continue discussions with a view to ratifying Conventions Nos 29 and 105.

While noting that the Government had taken certain measures to protect child beggars, including the establishment of in-house assistance centres to provide such children with free accommodation, food, communication and medical care, the Committee observed that large numbers of child beggars still existed and requested the Government to continue its efforts to protect homeless children and child beggars from the worst forms of child labour.

While noting the Government's strong commitment to implement the Convention, the Committee underlined the importance of free, universal and compulsory formal education in preventing the worst forms of child labour. The Committee invited the Government to take the necessary measures to ensure access to free basic education for both boys and girls, especially in rural or particularly disadvantaged areas.

Finally, the Committee noted with interest that the Government had expanded the authority of labour inspectorates in enforcing the law and had increased both human and financial resources to labour inspectorates. It requested the Government to ensure that regular visits, including unannounced visits, were carried out by the labour inspectorate and that persons who infringed Convention No. 182 were prosecuted and that sufficiently effective and dissuasive penalties were imposed. It therefore urged the Government to strengthen the capacity and reach of the labour inspectorate.

The Committee requested the Government to supply, in its next report to the Committee of Experts, detailed information on the measures to ensure the effective implementation and enforcement of the provisions giving effect to Convention No. 182. That information should include disaggregated statistical data on infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

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Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report and the communication of the International Trade Union Confederation (ITUC) dated 1 September 2010.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted that the Government had taken a number of measures to combat child prostitution and online pornography involving children. It requested the Government to continue to provide information on the impact of these measures.

The Committee notes that the Government refers to the “National Plan of Action against Trafficking in Women and Children (2008–12)” and the “Eleventh Five-Year Plan on the Establishment of a Relief and Protection System for Vagrant Minors”. The Committee observes that these Plans do not appear to address the commercial exploitation of children who are not victims of trafficking, or who do not live on the street.  In this regard, the Committee notes the indication in the ITUC communication of 1 September 2010 that not all child victims of prostitution are victims of trafficking. The Committee therefore requests the Government to provide information on measures taken to address the commercial sexual exploitation of persons under 18 years of age who are not street children or victims of trafficking, particularly their use, offering or procuring for the purpose of prostitution, pornography or pornographic performances.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child domestic workers. Following its previous comments, the Committee notes the statement in the ILO document entitled “Situational Analysis of Domestic Work in China” of 2009 (ILO Situational Analysis) that there are approximately 20 million domestic workers in China. While the majority of these workers are women over the age of 18, children may engage in this type of work from the age of 16. The ILO Situational Analysis further states that domestic work has the potential to negatively affect the development of these children due to the long hours, lack of standards, and possible inappropriateness of some tasks for children, all of which may be compounded by their physical and intellectual immaturity. The ILO Situational Analysis emphasizes that children working in a private household are at risk because of the invisibility of their work, and they are less likely to seek help than adults. Noting an absence of information on this point in the Government’s report, the Committee requests the Government to provide information on the measures taken to protect domestic workers under 18 from hazardous work. It further requests the Government to take measures to identify the number of persons under the age of 18 engaged in domestic work, and to provide this information with its next report.

Article 8. International cooperation. Trafficking. The Committee previously noted that China had enhanced cooperation in international anti‑trafficking programmes, noting the China–Myanmar Anti-trafficking Cooperation Programme (2007–10), and the continued China–Vietnam Anti‑trafficking Cooperation Programme. The Committee encouraged the Government to consider ratifying the Protocol to prevent, suppress and punish trafficking in persons, especially women and children (the Palermo Protocol).

The Government notes with interest that, on 8 February 2010, China acceded to the Palermo Protocol. The Committee also notes the Government’s statement that it attaches great importance to cooperation with international organizations in its efforts to combat human trafficking, and notes the detailed information provided by the Government in this regard. The Government states that, in recent years, it has worked with UNICEF, the International Organization for Migration, the United Nations Office on Drugs and Crime, the UN Inter-Agency Project on Human Trafficking in the Greater Mekong Subregion, as well as several NGOs, to combat human trafficking. The Committee further notes that the Government signed an MOU with the Ministry of the Interior of Cambodia, which includes cooperation to combat trafficking. The Government indicates that two China–Myanmar border liaison offices were established to combat the cross-border trafficking of women and children, and that 14 trafficking victims were returned to Myanmar in the first half of 2009 as a result of this collaboration. By the end of 2009, seven border liaison offices for combating cross-border human trafficking had been established. The Government further indicates that it held a seminar on “Guiding Principles for Protection of Victims of Trafficking” in May 2009, and that the All China Women’s Federation and the ILO hosted a workshop in November 2009 on human trafficking for labour exploitation.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the indication in the ITUC’s allegations that many of the worst forms of child labour exist in China, particularly trafficking, forced labour, prostitution, involvement in illicit activities, and use in hazardous work including in brick kilns, glass-making workshops, fireworks workshops and footwear factories. The ITUC states that there are increasing press reports on child labour, but that data collection is not systematic. The ITUC also states that the lack of national statistics and analysis of data on child labour, child prostitution and child trafficking remains a serious problem, which raised considerable concern with regard to the authorities’ willingness to address these issues. In this regard, the ITUC states that reliable and transparent data are essential for the Government and other agencies to effectively tackle the worst forms of child labour.

The Committee notes the information in the Government’s report that, between June 2008 and May 2010, there were no prosecution cases for engaging minors in activities in violation of the regulations for public order. The Government indicates that, in this same period, one person was prosecuted for employing a minor in hard and harmful work. Noting an absence of information on the overall prevalence of the worst forms of child labour, the Committee urges the Government to take the necessary measures to ensure that sufficient data on the prevalence of the worst forms of child labour are made available. In this regard, the Committee requests the Government to provide information on the nature, extent and trends of these worst forms and the number of children covered by the measures giving effect to the Convention. To the extent possible, all information should be disaggregated by sex and age.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report and the communication of the International Trade Union Confederation (ITUC) dated 1 September 2010.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted that section 240 of the Criminal Law of 1997 prohibits the trafficking of women and children. It also noted the allegations of the International Confederation of Free Trade Unions, now the ITUC, that China is a source, transit and destination country for international human trafficking in women and children. The Committee noted the implementation of the ILO–IPEC “Preventing trafficking in girls and young women for labour exploitation within China” project (CP-TING Project), in collaboration with the All-China Women’s Federation (ACWF), and the “Mekong Subregional Project to Combat Trafficking in Children and Women” (TICW Project). The Committee also noted that the State Council approved a new National Plan of Action against Trafficking in Women and Children (2008–12) (NPAT 2008–12) in 2007. However, the Committee noted the indication from several sources that the phenomenon of trafficking for the purposes of forced physical labour and prostitution was worsening.

The Committee notes the ITUC’s allegations that there has been an increasing number of girls trafficked out of China to work as sex workers in Australia, Burma, Canada, Malaysia, Japan, Taiwan, the Philippines, the Middle East and the United States.

The Committee notes the Government’s statement that the NPAT 2008–12 has been implemented in an effective manner, and has contributed to the reduction of the trafficking of women and children at the grassroots level. In this regard, the Government indicates that, in October 2008, the first Anti-Trafficking
Inter-Ministerial Joint Meeting (IMJM) took place and that, in March 2009, the Ministry of Public Security, and other departments and agencies jointly issued the “Rules for the Implementation of the NPAT (2008–12)”. The Committee further notes the ILO–IPEC information that the TICW Project Phase II was completed in 2008, and that its remaining activities were incorporated into the CP-TING Project. In this regard, the Committee notes that phase II of the CP-TING Project was launched on 17 March 2010. Phase II includes concrete actions to strengthen the implementation of provincial Plans of Action against trafficking, equip vulnerable youth with life skills before they migrate for work, set up trafficking prevention mechanisms and safe migration services and support referral services for vulnerable women and children. The Committee nonetheless notes the information in the report entitled “Child Trafficking in East and South-East Asia: Reversing the Trend”, published by the UNICEF East Asia and Pacific Regional Office in August 2009 (UNICEF Trafficking Report) that trafficking occurs in every province in China, with most victims trafficked to the provinces of Guangdong, Shanxi, Fujian, Henan, Sichuan, Guangxi and Jiangsu (page 31). The UNICEF Trafficking Report further indicates that internal trafficking is more prevalent than cross-border trafficking, although the Committee notes the information in another UNICEF document (entitled “Protection and Community Services”, available on the UNICEF website (www.unicef.org)) (UNICEF Protection Report) that cross-border trafficking appears to be on the rise. The Committee therefore requests the Government to redouble its efforts, within the framework of the NPAT 2008–12, to combat and eliminate both internal and cross-border trafficking of persons under 18. It requests the Government to continue to provide information on the measures taken in this regard, and on the results achieved.

2. Forced labour. (i) Forced labour in re-education through labour camps. The Committee previously observed that China’s prison system includes re-education through labour and juvenile criminal camps, and noted that records indicate that all prisoners, including persons under 18, are subject to hard labour. It noted the ITUC’s allegations that, although the legislation calls for separate places for minors, in practice, due to limited spaces available, many minors are incarcerated with the adult population. The ITUC indicated that, pursuant to procedures inside the criminal justice system, children may be sent to labour camp re-education programmes. The Committee noted that the Committee on Economic, Social and Cultural Rights expressed grave concern about the use of forced labour as a corrective measure, without charge, trial or review, under the “Re-education through labour” programme (E/C.12/1/Add.107, paragraph 23) and that the Conference Committee on the Application of Standards emphasized the seriousness of such violations of Convention No. 182. In this regard, the Committee noted the Government’s statement that, under the relevant legislation, any form of forced labour involving juvenile delinquents is banned. The Government indicated that, since 2006, the juvenile delinquent rehabilitation institutions have made efforts to increasingly conduct teaching in a classroom format and enhance training in vocational skills. In this regard, section 26 of the “Platform on re-education and reform of prisoners” of 2007 provides that the labour performed should focus on the acquisition of skills, and that the duration of labour shall not exceed four hours per day or 20 hours per week. In addition, the Ministry of Justice promulgated the “Regulations on the administration of juvenile delinquent rehabilitation institutions” which provide that children under the age of 16 are exempt from participation in productive labour. The Committee expressed its concern that these Regulations only exempt children under 16 years of age from productive labour.

The Committee notes the statement in the ITUC communication that there is little concrete evidence available on the new direction of this re-education through labour institutions (pursuant to section 26 of the “Platform on re-education and reform of prisoners”), such as low labour intensity activities and a maximum number of hours a week, and that statistics on the activities in these schools remain minimal. However, the ITUC does indicate that the number of these re‑education-through-labour institutions is being reduced. The ITUC states that there appear to be no specific regulations which guide the exact procedures through which minors are sent to these schools, and expresses the view that the use of these schools is in contravention of the Convention.

The Committee notes the information in the Government’s report that section 75 of the prison law states that the execution of criminal punishments on juvenile delinquents shall be based on education and reform, that this labour shall conform to the characteristics of minors, and the main objective of this labour is to acquire an elementary education. The Government expresses the view that the labour assigned to juvenile delinquents is not forced labour, but a kind of skills training and education. The Government indicates that, by the end of 2008, there were 74 special schools for the purpose of education and rectification, with 9,631 students nationwide. Pursuant to section 25 of the Law on the Protection of Minors, students are only sent to these schools for continued education if disciplinary measures in regular schools (or by guardians) prove ineffective in rectifying undesirable behaviour. Section 25 states that the staff of these schools shall show concern and provide good care for students, and that these schools shall provide an ideological and cultural education, including education in vocational skills. The Government states that this labour and vocational and technical training aims to improve the employability and earning capacity of the juveniles, to avoid recidivism. The Government further states that juveniles are housed separately from adult inmates, in reformatories that attend to the psychological and physiological needs of the minors and that all provinces have established separate juvenile delinquent rehabilitation institutions, which provide classroom education, psychological services, vocational and technical education (following the completion of compulsory schooling) and family visits. The Committee notes the Government’s statement that juvenile delinquent institutions consist of juveniles who shall be rehabilitated through education (those under 16) and juveniles who will be re-educated through labour (those between 16 and 18).

(ii) Forced labour in work–study programmes (school-related or contracted work programmes). The Committee previously noted the ITUC statement that many schools force children to work in order to make up school budgets. Under these programmes, pupils are obliged to work to “learn a skill”, but often they perform regular work in labour-intensive unskilled positions for long periods of time. In parts of the country, children are found to be working, during school hours, in assembling fireworks, beadwork, or other cottage industry-type production, as well as harvesting the yearly cotton harvest (particularly in the Xinjiang Uyghur autonomous region). However, the Committee noted the Government’s indication that the “Provisional Rules of the State Council on work–study programmes for middle and primary schools” prohibited hard work and heavy labour for middle and primary school students in the work–study context, and that the types of work performed by the students were within their capacities. The Committee nonetheless echoed the concern expressed by the Conference Committee on the Application of Standards about the situation of children under 18 performing forced labour through work–study programmes.

The Committee notes the information in the ITUC communication that large numbers of rural schools have contracted out classes of students to work in factories or in the fields in labour-intensive tasks for long periods of time. The ITUC indicates that schools from the poorer inland provinces make direct contacts with the factories to send the students who work (during breaks as well as during term time) to raise funds, and that the majority of the children involved are between the ages of 11 and 15. The ITUC indicates that, following the 2006 government directive on safety standards, some children in the Xinjiang Uyghur autonomous region were directed to marginally less taxing types of work, such as harvesting of beetroots, tomatoes and other vegetables on state farms and the collection of recycling. In 2008, the local education department prohibited children between the ages of 6 and 14 from participating in the cotton harvest, and provided increased funding to the schools that had previously harvested cotton. However, the ITUC states that this directive was not enforced at the local level and children were still forced to participate in the 2008 harvest. The ITUC reiterates that participation in this harvest is mandatory, that children may face fines for working too slowly or failing to meet production quotas, and that the behaviour during the harvest is reflected in school marks.

The Committee notes the Government’s statement in its report submitted under the Minimum Age Convention, 1973 (No. 138) that it attaches great importance to the safety of work in primary and middle schools, but observes an absence of information on measures taken to protect children engaged by their schools in external enterprises, or measures taken to address mandatory participation in these types of work. However, the Committee notes the statement in the UNICEF Trafficking Report that reports indicate that several schools force students to work in factories under the veil of “work–study”.

Therefore, the Committee expresses its serious concern at the compulsory nature of the work performed by children under 18 in re-education through labour programmes and by schoolchildren under the age of 18 within the context of work–study programmes. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, all forms of forced or compulsory labour are considered to be among the worst forms of child labour in which persons under 18 years of age may not be engaged and that, pursuant to Article 1 of the Convention, governments must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. Accordingly, the Committee strongly urges the Government to take immediate and effective measures to ensure that children under 18 years of age are not, under any circumstance, forced to work within the framework of
re-education through labour programmes or work–study programmes. With regard to re-education through labour programmes, the Committee urges the Government to take the necessary measures to ensure that the “Regulations on the administration of juvenile delinquent rehabilitation institutions” are extended to exempt children between 16 and 18 years from productive labour in these institutions. The Committee further requests the Government to provide information on the concrete steps taken to eradicate these types of forced or compulsory labour, and on the results achieved.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee previously noted that the labour inspectorate is responsible for monitoring the implementation of the provisions concerning child labour. It noted the ITUC’s allegations that despite national legislation banning child labour and its worst forms, there remained a serious gap between legislation and implementation, and that children worked in hazardous types of work, such as the fireworks industry, brick kilns and glass-making industries. The All-China Federation of Trade Unions (ACFTU) also stated that, while the legislation prohibiting the use of child labour is complete, the illegal use of child labour still exists. The Committee further noted the establishment of a labour supervisory framework, consisting of three-tiered organizations at the provincial, municipal and county levels.

The Committee notes the statement in the ITUC communication that, while the increase in the number of labour inspectors is a significant step towards adequate enforcement, there remains not enough labour inspectors to properly monitor the number of enterprises in the country. Furthermore, the ITUC reiterates that the detection of child labour is unlikely, due to this shortage of labour inspectors and the extensive collusion between private enterprises and local officials. The ITUC indicates that it is quite common for factory owners to receive advance warning concerning upcoming inspections, allowing these owners to hide working children or give these children the day off, which renders these inspections meaningless. The ITUC states that the commonplace practice of advance warning of labour inspections indicates the almost endemic nature of official corruption at the local level, and that increased resources in anti-corruption efforts have not decreased this problem. The ITUC communication states that the existence of child labour, including the worst forms of child labour, remains high, due in part to the lack of proper enforcement of legislation. However, the ITUC communication also references progress in some areas, stating that authorities have increased efforts to improve safety in the fireworks industry, and to address the use of child labour in this industry. The ITUC also states that the increase in detection of cases of forced labour (and the sale of children for this purpose) may be due to increased investigations in this area (but that it may reflect a rise in this phenomenon).

The Committee notes the information in the Government’s report that, by the end of 2009, the labour supervisory framework had grown to include 3,291 organs of labour security and inspection (an increase in 20 units since 2007), and employed 23,000 full-time labour inspectors (1,000 more inspectors than in 2007), and 25,000 part-time inspectors. The Government also indicates that, in collaboration with the ACFTU and other institutions, it launched nationwide supervision operations on, inter alia, rectifying illicit employment and combating related criminal activities, in addition to inspections focused on the implementation of legislation related to the prohibition of child labour. The Government further states that joint inspection activities have been undertaken with the departments of public security and occupational safety and health, and that the briefing of these multi-department efforts has been published and disseminated. The Committee further notes the Government’s indication that labour inspections have been reorganized to be carried out based on a grid system. The Government indicates that this system has permitted the gradual expansion of the coverage of labour inspections, including to rural areas. The Committee welcomes the Government’s efforts to strengthen and expand the capacity of the labour inspectorate, but must express its concern regarding allegations of endemic corruption and collusion between labour inspectors and private businesses, which compromise the functioning of labour inspection and the detection of child labour, including its worst forms. The Committee accordingly urges the Government to take the necessary measures to strengthen the functioning and the capacity of the labour inspection system with regard to the detection of cases of child labour and its worst forms. In this regard, the Committee requests the Government to redouble its efforts to address the corruption within the labour inspection system, to eliminate the practice of advance warnings and to ensure thorough investigations into possible cases of the worst forms of child labour. The Committee requests the Government to provide information on concrete measures taken in this regard in its next report.

Article 7(1). Penalties. 1. Trafficking. The Committee previously noted that section 240 of the Criminal Law provides penalties for the sale and trafficking of children. It also noted the ITUC’s allegation that, despite efforts by the Chinese authorities to stem the problem of trafficking in women and children, grassroots authorities had generally failed to take effective action, emphasizing that the problem lay in the implementation of the law and not in the legislation itself.

The Committee notes the ITUC’s statement that domestic laws do not provide adequate sanctions for trafficking-related crimes. The ITUC states that, while buying trafficked children carries a sentence of three years’ imprisonment, the vast majority of buyers are not prosecuted, particularly if the child is not harmed and the buyer cooperates with the police. The ITUC’s allegations also indicate that, in some cases, factory personnel who employ trafficked juveniles do not receive administrative or penal sanctions following the rescue of the children. The ITUC also indicates that there is a lack of transparency in reporting and investigations. Furthermore, the ITUC states that Chinese police and local authorities collude with traffickers in the Tibet Autonomous Region near the Nepal border, to recruit girls and women to work as escorts and prostitutes, resulting in approximately 10,000 sex workers in the city of Lhasa. In addition, the ITUC communication indicates that the corruption of officials, and their collusion with criminal groups (despite anti-corruption measures taken) has severely hindered anti-trafficking efforts.

The Committee notes the information in the Government’s report that between June 2008 and May 2010, courts at all levels sentenced 5,308 persons in 3,266 cases for trafficking in women and children, and 217 persons in 137 cases for buying trafficked women and children. The Committee observes that the Government does not provide information on whether criminal sanctions were imposed on those convicted. The Committee reminds the Government that, by virtue of Article 7(1) of the Convention, the Government is required to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the application of penal sanctions. The Committee expresses its deep concern at allegations of complicity of law enforcement officials with human traffickers and accordingly urges the Government to take immediate measures to ensure that thorough investigations and robust prosecutions of perpetrators of the trafficking of children (including the buyers of persons under 18), and complicit government officials, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, it requests the Government to provide information on the number of persons (including governmental officials) investigated, convicted and sentenced for cases of trafficking involving victims under the age of 18, and the penal sanctions imposed.

2. Forced labour. The Committee previously observed that, pursuant to section 244 of the Criminal Law, a person committing the offence of forced labour may be sentenced only to a fine. The Committee considered that this penalty was not sufficiently dissuasive to the extent that it may merely consist of a fine. It reminded the Government that, by virtue of Article 7(1) of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of the penal sanction of imprisonment.

The Committee notes the information in the ITUC’s allegations that, following the discovery of the forced labour of children in the Shanxi brick kilns, authorities indicated that dozens of officials would be punished. However, only six lower level officials were subsequently punished, receiving only warnings or demotions, and no criminal charges were laid. The ITUC states that the failure of the Government to properly bring the perpetrators of the crime of forced labour to justice does not bode well for the eradication of this worst form of child labour. The ITUC further indicates that the charges brought against the brick kiln owners were primarily based on the issues of poor working conditions and lack of pay, as opposed to charges of slavery and forced labour.

The Committee once again notes with regret the lack of information in the Government’s report on this point. It urges the Government to take the necessary measures to ensure the application of the penalty of imprisonment for an offence as serious as one involving forced labour, to ensure that persons who force children under 18 years of age to work are prosecuted and that effective and dissuasive penalties are applied, as a matter of urgency.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Beggars and homeless children. The Committee previously noted the issuance of the “Opinions on strengthening the work on adolescent vagrants” which stipulates the duties of various departments in combating the phenomenon of child begging and protecting and rehabilitating homeless or begging minors. The Committee also noted that the Criminal Law was amended in 2006 to prohibit any person from organizing, by means of violence and coercion, disabled persons or minors under 14 years of age, to beg. However, the Committee echoed the observation of the Conference Committee on the Application of Standards that large numbers of child beggars still exist.

The Committee notes the statement in the ITUC’s allegations that some abducted women and children in the country are forced to engage in begging. The ITUC indicates that, in 2009, 20 children (between the ages of 8 and 16) who had been abducted and forced into pickpocket gangs in southern China were rescued. These children were forced to beg, and were physically punished when they failed to earn the amount expected.

The Committee notes the detailed information in the Government’s report regarding its recent initiatives to reach vagrant children. The Government indicates that between 2008 and 2010, the Government invested 470 million yuan renminbi (CNY) for the construction of 327 homeless relief and protection centres, through the implementation of the “Eleventh Five-Year Plan on the Establishment of a Relief and Protection System for Vagrant Minors”. The Ministry of Civil Affairs will additionally invest over CNY30 million in the construction of 40 relief and protection centres. The Government indicates that it has worked to implement the “Basic Norms on Relief and Protection Institutions for Homeless Children”, which requires that these children receive services including daily life care, education, skills training, psychological counselling and behavioural correction, to promote the permanent removal of these children from vagrancy. The Government further indicates that, between June 2008 and June 2010, the Ministry of Civil Affairs held ten workshops for staff of relief and protection agencies, on themes such as relief for (and protection of) vagrant minors, informal education and aid for homeless children. In 2009, the Ministry of Civil Affairs compiled a “Guide on Aid and Protection of Vagrant Children”, which summarized best practices on the protection of these children. Lastly, the Committee notes that, in September 2009, the Ministry of Public Security, the Ministry of Civil Affairs and the Ministry of Health launched a special rectification operation against child begging and forced juvenile delinquency.

Nonetheless, the Committee notes the information from the UNICEF Protection Report that the number of China’s urban street children is growing and that, based on the number of children passing through protection centres, the Ministry of Civil Affairs estimates that there are around 150,000 such children. The UNICEF Protection Report states that many of these children come from migrant families, or migrated by themselves from rural areas, and that these children are particularly vulnerable to risks. While noting the numerous measures taken by the Government, the Committee recalls that street children are particularly vulnerable to the worst forms of child labour. It accordingly urges the Government to pursue its efforts to protect homeless children and child beggars from these worst forms and to provide for their rehabilitation and social integration and to ensure that programmes are open to child participation. The Committee requests the Government to continue providing information on the progress made in this regard, and the results achieved.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted that the Government had taken a number of measures to eliminate the worst forms of child labour and, more particularly, in the cases of prostitution and Internet pornography. The Committee notes the Government’s information that, since 2006, the Ministry of Public Security (MPS) of China has, in collaboration with other agencies, organized and executed multiple special operations focusing on cracking down on crimes involving poor girls under 14 years of age who had been forced or lured into prostitution. The Committee also notes the Government’s information that the public security organs in China have taken effective measures to combat online pornography involving children. From April to September 2007, joint special operations led by the MPS were carried out nationwide to crack down on Internet pornography. As a result, 44,000 domestic web sites of a pornographic nature were outlawed and closed down by the police and 226 criminal cases of Internet pornography were solved. On 22 January 2008, 13 central government agencies led by the MPS decided to continue the nationwide campaigns against Internet pornography for the period of January–September 2008, leading to the verification of 20,000 web sites, the shut-down of 612 illicit web stations and the resolution of 300 cases of pornography. The Government further indicates that central Government agencies have jointly formulated national work programmes of publicity and advocacy on Internet laws and ethics. The Committee requests the Government to continue providing information on the measures taken to protect children under 18 from prostitution and Internet pornography, and the results achieved. It also requests the Government to provide information on the number of children who were effectively prevented from being engaged in pornography or pornographic performances as a result of the implementation of the national work programmes of publicity and advocacy on Internet laws and ethics.

Article 7, paragraph 1. Penalties. The Committee had previously noted that the Criminal Law provides for sufficiently effective and dissuasive penalties of imprisonment for most offences related to the Convention. It had noted that, by virtue of section 244(a) of the Criminal Code as amended in 2002, whoever employs minors under the age of 16 years in strenuous or hazardous work is liable to a maximum of three years’ imprisonment and a fine. Whereas a person who employs a child under 18 in violation of the relevant labour provisions prohibiting the employment of children under 18 years in hazardous work is liable to a maximum fine of 3,000 Yuan Renminbi (CNY) for each child employed in violation of the relevant legal provisions (section 12 of the ministerial Regulation on the issuance of the measures of administrative punishment in violation of the labour law). The Committee had noted the Government’s information that section 244 of the Criminal Law punishes by penalty of imprisonment of more than three years, but not more than seven years, the employer who, in a particular serious situation, engages a person under 16 years in hazardous work. The Committee had encouraged the Government to extend the penalties applicable for the violation of the prohibition to employ children under 16 years in hazardous work to those violating the prohibition on employing children aged 16–18 in hazardous occupations. Noting the lack of information in the Government’s report on this point, the Committee urges the Government to take measures to ensure that persons who employ children aged 16 to 18 years in strenuous or hazardous work, are vigorously investigated and prosecuted. In this regard, it once again requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child domestic workers. The Committee once again notes the absence of information on this point in the Government’s report. The Committee urges the Government to take concrete measures to identify the number of child domestic workers and their working conditions and requests it to provide information on the progress made in this regard, along with its next report. It also urges the Government to take measures to protect child domestic workers from hazardous work.

Part V of the report form. Application of the Convention in practice. The Committee notes that according to the Worker members, at the 96th Session of Conference Committee on the Application of Standards of 2007, developing coherent public policy in China requires qualitative and quantitative research. The Committee joins the Conference Committee on the Application of Standards in its request for the Government to supply, in its next report, detailed information on the measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, information which should include disaggregated statistical data on infringements reported, investigations, prosecutions, convictions and penal sanctions applied. The Committee further requests the Government provide statistics and information on the nature, extent and trends of the worst forms of child labour.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee takes note of the Government’s report. It also notes the detailed discussions that took place at the 96th session of the Conference Committee on the Application of Standards in June 2007 concerning the application by China of Convention No. 182.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee had noted that section 240 of the Criminal Law of 1997 prohibits the abducting and trafficking of women and children. It had noted the allegations of the International Confederation of Free Trade Unions, now the International Trade Union Confederation (ITUC), that China is a source, transit and destination country for international human trafficking in women and children for sex exploitation and the entertainment industry. The Committee had noted with interest that the Government had taken a number of measures to combat trafficking, including major activities of cooperation with the ILO and public education campaigns in relation to some typical cases involving trafficking. It had also noted that two projects were implemented: the ILO/IPEC “Preventing trafficking in girls and young women for labour exploitation within China” project (CP-TING project), in collaboration with the All-China Women’s Federation (ACWF), and the “Mekong Sub-regional Project to Combat Trafficking in Children and Women”, in which the Ministry of Public Security (MPS) took an active part.

The Committee notes the Government’s statement that China continues to improve its policies and regulations concerning trafficking in women and children. First and foremost, it notes that, on 14 December 2007, the State Council approved a new National Plan of Action against Trafficking in Women and Children. The National Plan acknowledges the need to address all aspects of trafficking (policy, prevention, prosecution and protection) and signals a conceptual shift from “combating trafficking” to “anti-trafficking”. The Committee further notes that, according to the technical progress report of December 2007 for the CP-TING project, the MPS set up an anti-trafficking office at the beginning of July 2007 in order to promote legislative work and strengthen the combating of all kinds of trafficking. According to that technical report, the direct assistance provided in the framework of the CP-TING project benefited, among others, 250 migrant girls who had dropped out of school or were about to drop out and who were helped to continue their education; 10,000 migrant girls and young women who just arrived in target cities and received information on trafficking prevention; and 107,000 girls through awareness-raising activities. Furthermore, a National Anti-Trafficking Children’s Forum hosted by the ACWF was held in Beijing in coordination with the ILO in which more than 20,000 children participated. The Committee also notes the Government’s statement that public security organs have further enhanced efforts in building an anti-trafficking mechanism by elaborating the “Working Regulations for Public Security Organs on Combating the Abduction and Trafficking of Women and Children”, which specifies the roles and functions of various departments of public security and police forces and standardizes the procedures of operation for prevention, intervention, investigation and repatriation in child trafficking cases.

The Committee takes due note of this information. However, the Committee notes that, in the technical report for the CP-TING project, it is indicated that at the National Anti-Trafficking Children’s Forum, Yin Jianzhong, an anti-trafficking official from the Investigative Bureau of the MPS stated that, at present, the phenomenon of trafficking for the purposes of forced physical labour and prostitution is worsening. Indeed, according to the Worker members at the Conference Committee on the Application of Standards, recent internal migration in China was the largest in human history. In 2005, there were 140 million migrants, with 40 million in the Guangdong province alone. The Committee therefore requests the Government to redouble its efforts to ensure that children under 18 years are prevented from being engaged in trafficking for labour and sexual exploitation. It requests the Government to provide information on the impact of the National Plan in this regard, and the results achieved.

2. Forced labour. The Committee had previously observed that China’s prison system comprises Laogai camps (reform through labour) and Laojiao (re-education through labour and juvenile criminal camps). The Committee had noted that the records indicate that all prisoners, including persons under 18, are subject to hard labour. It had noted the ITUC’s allegations that, although Chinese criminal law calls for separate places for minors, in practice, due to limited spaces available, many minors are incarcerated with the adult population. The ITUC indicated that China has several procedures inside the criminal justice system which deal with minors. Pursuant to these procedures, children may be sent to special “work-study” schools, or to labour camp re-education programmes, through “custody and education” schemes.

(i)        Forced labour at “work-study” schools

The Committee had noted that the ITUC indicated that the work-study schools are designed to reform children through work and study. Notwithstanding that the system forms a part of the compulsory nine years of education, this model has also become the basis of a form of school-run factories under the programme of “Diligent Work and Economical Study” (qingong jianxue) which allows for the exploitation of child labour. The Committee had also noted that, in its concluding observations of 13 May 2005, the Committee on Economic, Social and Cultural Rights considered that the “Diligent Work and Economical Study” programme constitutes exploitative child labour, in contradiction with the provisions of Convention No. 182 (E/C.12/1/Add.107, paragraph 23).

(ii)       Forced labour in re-education through labour
camps – “custody and education”

The Committee had also noted the ITUC’s allegation that children between 13 and 16 years can be sent to custody and re-education programmes by the local public security bureaux without recourse to the criminal justice system. The ITUC also stated that children working in re-education through labour camps have little safeguards against overwork and poor conditions. Moreover, the Committee had noted that, in its concluding observations of 13 May 2005, the Committee on Economic, Social and Cultural Rights stated that it was gravely concerned about the use of forced labour as a corrective measure, without charge, trial, or review, under the “Re-education through labour” (laodong jiaoyang) programme (E/C.12/1/Add.107, paragraph 22).

(iii)      Forced labour through school-related or
contracted work programmes

The Committee had further noted that the ITUC referred to the phenomenon of many schools which force children to work in order to make up school budgets. Under the work study programmes, pupils are obliged to work to “learn a skill”, but often they are put to perform regular work in labour intensive unskilled positions for longer periods of time where they do not learn any skill. In parts of the country, children are found to be working, during school hours, in assembling fireworks, beadwork, or other cottage industry-type production, as well as harvesting the yearly cotton harvest. Teachers and children reported that they were pressured to meet daily quotas and face possible fines if they fail to meet them.

The Committee notes that, at the Conference Committee on the Application of Standards, the Worker and Employer members expressed deep concern at the phenomena of re-education through labour and school-run factories operated in work-study schools where children are sent and detained without due process. More specifically, the Worker members recalled that, in fact, local security bureaux send children aged 13 to 16 to custody and re-education programmes without recourse to the criminal justice system. The Worker members further expressed their concern about the system in which schoolchildren are forced to work to make up school budgets, including factory and agricultural work with arduous long hours of picking cotton, quotas to be filled and fines for missed targets. The Committee notes that the Conference Committee on the Application of Standards emphasized the seriousness of such violations of Convention No. 182 and urged the Government to take measures, as a matter of urgency, to ensure that children are not subjected to forced labour in any situation and to provide information on developments in this respect in its next report to the Committee of Experts.

The Committee notes the Government’s statement that, under China’s Prison Law, juvenile delinquent rehabilitation institutions are established for young delinquents under the age of 18 who meet the conditions of re-education through labour. Since 2006, the juvenile rehabilitation institutions strengthened their efforts in education by increasingly conducting teaching in classroom format, enhancing training in vocational skills and emphasizing supervision of law enforcement. The Government indicates that under the relevant legislation, such as the Criminal Law, Prison Law and Law on the protection of minors, any form of forced labour involving juvenile delinquents is banned. To give effect to the provisions of the Prison Law, the Ministry of Justice promulgated the Regulations on the administration of juvenile delinquent rehabilitation institutions, according to which children under the age of 16 are afforded special protection and are exempted from participation in productive labour. The Government indicates that juvenile delinquents follow work-study programmes to learn skills which are low in labour intensity, such as flower arrangement and embroidery. In 2007, the Ministry of Justice issued the Platform on re-education and reform of prisoners, section 26 of which provides that “Labour for juvenile delinquents shall focus primarily on study of knowledge and acquisition of skills; the duration of labour shall not exceed four hours per day or 20 hours per week.” The Committee also notes the Government’s information that the Provisional Rules of the State Council on work-study programmes for middle and primary schools prohibit hard work and heavy labour for middle and primary school students in the work-study process. The Government adds that the types of work performed by the students are all within their capacities and primarily centre around social work and community services.

While taking note of this information, the Committee shares the concern expressed by the Conference Committee on the Application of Standards about the situation of children under 18 performing forced labour either in work-study programmes, as part of re-educational and reformative measures or through school-related programmes. This concern is further reinforced by the fact that the Regulations on the administration of juvenile delinquent rehabilitation institutions only exempt children under 16 years of age from productive labour. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, forced labour is considered to be a worst form of child labour in which children under 18 years of age may not be engaged. The Committee therefore once again urges the Government to take immediate measures to ensure that children under 18 years of age are not forced to work, whether in the framework of re-educational or reformative measures or at school, or in any other situation, and to provide information on the progress made in this regard. The Committee also urges the Government to take measures to ensure that the Regulations on the administration of juvenile delinquent rehabilitation institutions exempt children between 16 and 18 years from productive labour.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee had previously noted that the labour inspectorate is responsible for monitoring the implementation of the provisions concerning child labour. It had noted the ITUC’s allegations that children are reportedly employed in some hazardous types of work, such as the firework industry, brick kilns and glass-making industries. The ITUC had observed that, given the shortage of labour inspectors, the chances of discovering children illegally working were slim. Therefore, although China does possess national legislation banning child labour and its worst forms, there remains a serious gap between legislation and implementation and monitoring. The Committee had noted the comments of the All-China Federation of Trade Unions (ACFTU) that the present system of laws and regulations on the prohibition of the use of child labour is sound and complete, but that the illegal use of child labour still exists.

The Committee notes that the Conference Committee on the Application of Standards welcomed the expanded authority of the labour inspectorate in enforcing the law. However, the Worker members noted that the labour inspectorate required increased capacity and access to all workplaces, including the informal economy, where trafficked children are more likely to work.

The Committee notes the Government’s information that a labour supervisory framework, consisting of three-tiered organizations at the provincial, municipal and county levels, has been established. By the end of 2007, this labour supervisory framework consisted of 3,271 organs of labour security and inspection and employed 22,000 full-time labour inspectors. In addition, 28,000 inspectors from the regular system of security inspection were designated as part-time or concurrent labour inspectors in the labour supervisory framework. Furthermore, the Government indicates that, in 2008, the Ministry of Human Resources and Social Security established a specialized Labour Inspection Bureau to provide leadership over labour inspection across China. The Government indicates that the departments of labour inspection have worked hard to fulfil their duties, including:

(a)   supervising the recruitment activities of employers in a more vigorous manner;

(b)   regularly checking for child labour by means of routine or ad hoc inspections, written requests, in-focus examinations, investigation of complaints and verification of cases reported by informants;

(c)   raising awareness about labour legislation and rules in order to improve law enforcement.

The Government indicates that, in June 2007, the case of the illegal employment of children in brick factories in Shanxi was exposed. The competent authority in Shanxi carried out province-wide investigations in enterprises: more than 86,000 employers were subject to inspections, involving 1.92 million employees. As a result, 13 illicit brick yards without business licenses were found exploiting 15 child labourers in violation of the law. The perpetrators were prosecuted and eight of them were sentenced to prison terms ranging from one to three years. The Committee finally notes the Government’s information that it is studying and elaborating an integrated mechanism to further improve the monitoring of labour regulations and employment practices in the rural areas of China. The Committee strongly encourages the Government to continue to strengthen the capacity and reach of the labour inspectorate. In this regard, it requests the Government to provide information on progress made in the elaboration of the integrated mechanism to improve monitoring in the rural areas of China. It also requests the Government to supply, with its next report, extracts of the inspection reports specifying the extent and nature of violations detected involving children and young persons engaged in the worst forms of child labour, both in the formal and the informal sectors.

Article 7, paragraph 1. Penalties. 1. Trafficking. The Committee had previously noted that the Criminal Law provides for sufficiently effective and dissuasive penalties for the violation of the provisions prohibiting the sale and trafficking of children (section 240). It had noted the ITUC’s allegation that despite strong efforts by the Chinese authorities to stem the problem in areas severely affected by trafficking in women and children, grass roots authorities have generally failed to take effective action. For the ITUC, the problem lies primarily in the implementation of the law and not in the legislation itself. The Committee had noted the statistics provided by the Government on the number of prosecutions in cases of trafficking in children in the years 2004–06 which, according to the Government has sent shockwaves through the criminal elements trafficking women and children.

The Committee notes from the Government’s report that, from June 2006 through June 2008, the Office of the Public Prosecutor prosecuted several criminal cases and suspects of trafficking in children: 2,173 persons in 988 cases were prosecuted for abducting and trafficking children; 53 persons in 12 cases were prosecuted for buying abducted children; 401 persons in 277 cases were prosecuted for abducting children; and one person was prosecuted for assembling a crowd to impede the rescue of bought women and children. During the same period, Chinese courts have sentenced 4,289 criminals for these crimes: 314 criminals were sentenced for abducting children.

However, the Committee notes that, at the Conference Committee on the Application of Standards, the Worker members indicated that, with such rapid economic and demographic change in China, the trafficking challenge has grown and that law enforcement, particularly concerning trafficking, requires effective inter-agency cooperation between the various public authorities. In this regard, while reports indicated political will in central government in tackling trafficking, evidence reflected a lack of enforcement at the local level. The Worker members also expressed deep concern at reports of poor local enforcement and collusion between local authorities, the police and bar and nightclub owners in the recruitment of Tibetan sex workers. The Committee urges the Government to continue to take measures to ensure that persons engaged in the trafficking of children for labour and sexual exploitation are prosecuted and that sufficiently effective and dissuasive penalties are imposed, at the local level. It requests the Government to provide information on the progress made in this regard and to continue providing information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

2. Forced labour. The Committee had previously noted that, according to section 244 of the Criminal Law, the persons who are directly responsible for the offence of forced labour shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined. It had noted that, according to this provision, a person committing the offence of forced labour, may be sentenced to a fine only. The Committee had considered that the penalties provided for in section 244 of the Criminal Law for the offence of forced labour are not sufficiently dissuasive to the extent that the penalty applied may merely consist of a fine. It had reminded the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of the penal sanction of imprisonment. The Committee notes with regret the lack of information in the Government’s report on this point. It urges the Government to take the necessary measures to ensure the application of the penalty of imprisonment for an offence as serious as one involving forced labour, to ensure that persons who force children under 18 years of age to work are prosecuted and that effective and dissuasive penalties are applied, as a matter of urgency.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Beggars and homeless children.  The Committee had previously noted the ITUC’s allegation that, from August 2003 through the end of June 2004, police picked up 80,000 child beggars nationwide, but that the number of child beggars may be much higher. It had noted that the village of Gongxiao has had professional beggars for decades, but began to use disabled children as a means of producing a greater return. The Committee had noted the Government’s information that the “Opinions on strengthening the work on adolescent vagrants”, jointly issued by 18 departments, spells out the duties of various departments and organs in combating the phenomenon of child begging and protecting and rehabilitating homeless or begging minors.

The Committee notes the Government’s information on the several measures it has taken to protect children from begging. Among other things, the Government indicates that relief and protection institutions all over the country pay much attention to protecting the rights and safety of minors in difficult situations, including vagrant children, by providing daily life care, education, skill development, employment assistance, psychological counselling and behaviour correction. There are presently 1,351 relief stations and 152 relief and protection centres for homeless children in China. Since 2003, the cumulative number of child vagrants relieved has amounted to 588,000. The Committee further notes that, in November 2006, the MPS issued the “Work Programme on Special Operations against Crimes of Forcing and Alluring Minors into Vagrancy and Begging as well as Crimes of Forcing and Abducting Deaf and Dumb Youth for Illegal Activities”, which was implemented by police organs all over the country during the period of late December 2006 to August 2007. In the framework of these operations, where police forces consisted of 260,000 persons, some 110,000 places in key regions were raided, 3,600 cases of various types were investigated, more than 5,000 criminals were arrested and over 8,000 minors were rescued. The Government also indicates that section 17 of the amendments to the Criminal Law of 29 June 2006 provides for a new clause in the Criminal Law which prohibits any person from organizing, by means of violence and coercion, disabled persons or minors under 14 years of age, to beg.

The Committee takes note of this information. However, it observes, like the Conference Committee on the Application of Standards, that large numbers of child beggars still exist and requests the Government to continue its efforts to protect homeless children and child beggars from the worst forms of child labour and to provide for their rehabilitation and social integration. The Committee requests the Government to continue providing information on the progress made in this regard, and the results achieved.

Article 8. International cooperation. Trafficking. Following its previous comments, the Committee notes the Government’s information that, since 2006, under Phase II of the ILO/IPEC project “Reducing labour exploitation of children and women: Combating trafficking in the Greater Mekong Sub-region”, Chinese trainees have actively participated in the anti-trafficking programme in a school of Khon Kaen, Thailand. The Committee also notes the Government’s statement that China has enhanced cooperation in international anti-trafficking programmes and has vigorously promoted international anti-trafficking judicial and police collaboration. Furthermore, in December 2007, the MPS, in collaboration with the Office of Women and Children Affairs Committee of the State Council, Ministry of Foreign Affairs and Ministry of Commerce, successfully organized the second Ministerial Consultation and fifth Senior Official Meeting of the Mekong Subregion on combating abducting and trafficking in women and children. The conference culminated in the Joint Declaration of the “Mekong Sub-regional Cooperation in the Anti-trafficking Process”, by ministers from the countries of China, Cambodia, Laos, Myanmar, Vietnam and Thailand. The Government also indicates that, to cope with rising crimes in transnational human trafficking at the border areas, the public security organs in China have strengthened law enforcement cooperation with neighbouring countries, resulting in substantial achievements. Joint special operations against abduction and trafficking were carried out in 2006, during which 13 criminal gangs were disbanded, 73 cases of trafficking of foreign women and children were solved, 95 suspects were arrested (47 of foreign nationality) and 193 abducted foreign women and children were rescued. Moreover, three liaison offices were established along the China-Vietnam border area and one along the China-Myanmar border area, which facilitated cooperation in the exchange of information, repatriation of victims and transfer of suspects. The Committee further notes that China formally launched the China-Myanmar Anti-trafficking Cooperation Programme (2007–10), building on the continued China-Vietnam Anti-trafficking Cooperation Programme. The Committee notes that, at the Conference Committee on the Application of Standards, the Worker members, given the commitment they heard from the Government, urged it to study and ratify the Protocol to prevent, suppress and punish trafficking in persons, especially women and children (the Palermo Protocol) and to examine the new European Convention on Action against Trafficking in Human Beings, which stresses the rights of victims. The Committee accordingly encourages the Government to consider ratifying the Palermo Protocol and to examine the European Convention against Trafficking in Human Beings. It also requests the Government to continue providing information on the impact of international and regional anti-trafficking agreements and programmes, and of cooperation in law enforcement, in combating the trafficking of children, and the results achieved.

The Committee is also addressing a direct request to the Government concerning other points.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that, by virtue of section 12 of the Military Service Law of 1984, male citizens aged 18 years are enlisted for active service. It had noted, however, that, by virtue of same section 12, male citizens under 18 may enrol in the armed forces on a voluntary basis and, by virtue of section 30, military institutes and academies may enrol cadets from among young students whose age limit may not be the same as that for the servicemen to be enlisted. The Committee had asked the Government to indicate whether those enrolled under sections 12 and 30 of the Military Service Law and who are under 18 years can be forced to take part in armed conflict. The Committee notes the Government’s information that persons who enter the military service according to sections 12 and 30 of the Military Service Law and who have not reached the age of 18 will not be forced to take part in armed conflicts. The Committee takes due note of this information.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously asked the Government to confirm that the use, procuring or offering of both girls and boys under 18 years for the production of pornography or pornographic performances is prohibited under section 363 of the Criminal Law, which prohibits the production, reproduction, publication, sale or dissemination of obscene materials for the purpose of making profits. The Committee notes the Government’s information that sections 363, 364 and 365 of the Criminal Law also punish whoever arranges for pornographic performances. The Government adds that all acts to be pursued for criminal liability according to sections 363, 364 and 365 of the Criminal Law include situations where the criminals use, recruit or offer the minor under 18 years for the production of pornographic material or put on pornographic performances. In addition, the latter situation shall be fully taken into account in giving the criminals heavier punishments.

Article 3, clause (d), and Article 4. Hazardous work. 1. Self-employed children. The Committee had previously requested the Government to provide information on the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature and the circumstances in which it is carried out, is likely to harm their health, safety and morals. The Committee notes the Government’s information that China does not have specific legislation for self-employed adolescent workers of 16-18 years of age. Article 2 of the Regulations on the protection of adolescent workers stipulates that the term “adolescent worker” refers to workers who have reached the age of 16 but under the age of 18. The Committee notes the Government’s statement that the self-employed adolescent workers are not explicitly excluded in this definition.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s information that the Chinese Government has taken a number of measures to eliminate the worst forms of child labour. These measures include: (a) combating, preventing and controlling prostitution, especially with regard to girls under the age of 14; (b) combating the criminal activities that make use of the Internet, such as selling or disseminating pornographic material or organizing pornographic performances (in 2005 1,442 pornographic domestic web sites were closed, 3,480 external web sites blocked and 24,000 indecent web pages deleted); (c) awareness-raising activities aimed at parents and children; and (d) implementation of the “eight measures” issued by the Ministry of Public Security for the public security organs aimed at maintaining order and combating criminal activities in the vicinities of schools and kindergartens. The Committee requests the Government to continue providing information on the implementation of these measures and on any relevant impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously noted that the Criminal Law provides for sufficiently effective and dissuasive penalties of imprisonment for most offences related to the Convention. It had noted that, by virtue of section 244(a) of the Criminal Code as amended in 2002, whoever employs minors under the age of 16 years in strenuous or hazardous work is liable to a maximum of three years’ imprisonment and a fine. Whereas a person who employs a child under 18 in violation of the relevant labour provisions prohibiting the employment of children under 18 years in hazardous work is liable to a maximum fine of 3,000 yuan RMB for each child employed in violation of the relevant legal provisions (section 12 of the ministerial Regulation on the issuance of the measures of administrative punishment in violation of the labour law). The Committee had encouraged the Government to extend the penalties applicable for the violation of the prohibition to employ children under 16 years in hazardous work to those violating the prohibition on employing children aged 16 to 18 in hazardous occupations. The Committee notes the Government’s information that section 244 of the Criminal Law punishes by penalty of imprisonment of more than three years, but not more than seven years, the employer who, in a particular serious situation, engages a person under 16 years in hazardous work. It reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of sanctions. It requests the Government to provide information on the measures taken to ensure that persons who employ children under 18 years in the worst forms of child labour, especially in hazardous work, are prosecuted and that sufficiently effective and dissuasive penalties are imposed. In this regard, it asks the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child domestic workers. The Committee notes the absence of information on this point in the Government’s report. It requests once again the Government to provide information on the concrete measures taken to identify the number of child domestic workers and their working conditions. It also once again requests the Government to provide information on the measures taken or envisaged to protect child domestic workers from hazardous work.

Part V of the report form. The Committee requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report. It also notes the communication of the International Confederation of Free Trade Unions (ICFTU) dated 31 August 2006. It requests the Government to provide information on the following points.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously noted that section 240 of the Criminal Law of 1997 prohibits the abducting and trafficking of women and children. The Committee notes the ICFTU’s allegations that China is a source, transit and destination country for international human trafficking in women and children for sex exploitation and the entertainment industry. The ICFTU points out that allegedly there are an increasing number of young women and girl children trafficked out of China to work as sex workers in Australia, Burma, Canada, Malaysia, Japan, Taiwan, the Philippines, the Middle East, Europe and the United States. The ICFTU also mentions the phenomenon of the trafficking of girls from Tibet, which allegedly involves the Chinese authorities. It is reported that the local Chinese authorities, police, and owners of bars and nightclubs, collude with each other in recruiting these Tibetan sex workers. The ICFTU stresses that China should take appropriate measures to address the root cases of child trafficking, namely the one child policy and discriminatory attitudes towards girls and women, and should strengthen the existing legislation as well as the enforcement mechanisms.

The Committee notes with interest that the Government has taken a number of measures to combat trafficking. It notes the Government’s information that the major activities of cooperation with the ILO include: (i) an in-depth study on trafficking, irregular migration and forced labour in China (November 2004 to March 2005); (ii) a study tour to Japan and Australia on the problem of trafficking (January 2005); (iii) holding in Beijing of a national high-level workshop on trafficking and forced labour (April 2005) and a provincial workshop in the province of Jilin (August 2005); and (iv) field research in the provinces of Yunnan, Hunan and Fujian (June, August 2005). It also notes the Government’s information that it has taken measures to increase, on a continued basis, its efforts to combat the crimes of trafficking in women and children. Moreover, in recent years, the local public security organs have put more efforts into carrying out public education campaigns in relation to some typical cases involving trafficking and other infringements against children. The Ministry of Public Security has also taken an active part in the legal and educational campaign on preventing trafficking launched by the General Office of the State Council Commission for Women and Children Affairs, Ministry of Civil Affairs and All-China Women’s Federation. The Committee notes the Government’s information that the project “Preventing trafficking in girls and young women for labour exploitation within China”, jointly carried out between the All-China Women’s Federation and the ILO, started on May 2004 and will end in 2008. The Ministry of Public Security took an active part in this project and in the “Mekong Sub-regional Project to Combat Trafficking in Children and Women”. The Committee also notes that a number of action programmes have been launched in various provinces of China in 2005, aimed at preventing trafficking. These programmes especially target children, migrant girls, young women working, and ethnic minority girls.

The Committee takes note of the comprehensive information provided by the Government. It welcomes the measures taken to prevent the trafficking of children, especially girls, for labour and sexual exploitation. However, it notes that, although the national legislation appears to prohibit the sale and trafficking of children under 18 years, the trafficking of children, especially girls, under 18 years for labour and sexual exploitation remains an issue of concern in practice. It requests the Government to continue to provide information on the measures taken to prevent and combat the trafficking of children under 18 years for labour and sexual exploitation and the results achieved.

2. Forced labour. The Committee had previously noted that, by virtue of section 11 of the Regulations banning child labour of 2002, forced labour is prohibited. Furthermore, section 96 of the Labour Act of 1994, read together with section 244 of the Criminal Law, provide that employers who are directly responsible for forcing workers to work, by means of violence, intimidation or illegal restriction of personal freedom, commit a criminal offence. It had noted that section 46 of the Criminal Law states that a person who is sentenced to imprisonment, shall carry out the sentence in a prison or in another organ determined to this end. Moreover, anyone with the ability to labour shall take part in labour, receive education and undergo reform. The Committee had observed that, according to the summary records of the public hearings on the social clause, held in the Committee on Foreign Affairs, Security and Defence Policy of the European Parliament of 1997, China’s prison system comprises Lagoi camps (reform through labour) and Laojiao (re-education through labour and juvenile criminal camps). The records indicate that all prisoners, including persons under 18, are subject to hard labour.

The Committee notes the ICFTU’s allegations that, although Chinese criminal law calls for separate places for minors, in practice, due to limited spaces available, many minors are incarcerated with the adult population. The ICFTU indicates that China has several procedures inside the criminal justice system which deal with minors. Pursuant to these procedures, children may be sent to special “work study” schools, or to labour camp re-education programmes, through “custody and education” schemes.

(i)     Forced child labour at “work-study” schools

The ICFTU indicates that the work-study schools are designed to reform children through work and study. The majority of inmates are children who have committed minor public disorders, and the majority of female children are there for sexually-related offences. Notwithstanding that the system forms part of the compulsory nine years of education, this model has also become the basis of a form of school-run factories under the programme of “Diligent Work and Economical Study” (qingong jianxue) which allows for the exploitation of child labour. In fact, some of these school-run factories have focused more on using labour (for not less than 12 hours a week) than providing education and are de facto detainment facilities, as children are not allowed to leave schools, make phone calls or receive visits. The administrative nature of the punishment means that children are detained without due process of law and there appear to be no regulations which guide the exact procedures under which minors are sent to these schools.

(ii)    Forced child labour in re-education through
labour camps – “custody and education”

The ICFTU points out that children between 13 and 16 years can be sent to custody and re-education programmes by the local public security bureaux with recourse to the criminal justice system. Generally placed in re-education through labour camps, there is little avenue for appeals except to the public security bureau itself. The ICFTU indicates that there is a lack of due process involved in the system of custody and education. The Law on the protection of minors states that it is not a criminal penalty, but it is included in the Law on prevention of juvenile delinquency and the criminal Law. It is difficult to assess why this system is used and not the criminal juvenile justice system. The ICFTU also states that children working in re-education through labour camps have little safeguards against overwork and poor conditions.

(iii)   Forced child labour through school-related
or contracted work programmes

The ICFTU refers to the phenomenon of many schools which force children to work in order to make up school budgets. Large numbers of rural schools have contracted out classes of students to work in factories or in the fields. Under the work study programmes, pupils are obliged to work to “learn a skill”, but often they are put to perform regular work in labour intensive unskilled positions for longer periods of time where they do not learn any skill. In other parts of the country, children are found to be working, during school hours, in assembling fireworks, beadwork, or other cottage industry-type production. The ICFTU also refers to reports of school children forced to work harvesting the yearly cotton harvest. It adds that the situation in the Xinjiang Uyghur autonomous region of China (XUAR) is unique. Apart from the lack of training facilities, the picking period of various cotton districts in Xinjiang is concentrated in September and October, thus the work-study programme has to be carried out mainly during this time. The teachers and children have reported that they were pressured to meet daily quotas and face possible fines if they fail to meet them. Moreover, children generally worked from 7 a.m. until dark with half an hour for lunch. Children performing these school programmes are vulnerable to accidents and young girls to sexual assaults.

The Committee notes the Government’s information that, according to section 74 of the Prison Law, criminals under 18 years of age serve their terms at the supervision and education house of juvenile delinquents. However, criminals under the age of 18 whose terms of prison remaining to be served are less than one year can serve their terms at the detention houses according to section 15(2) of the Prison Law. The Committee notes the Government’s information that, as a result of its cooperation with the ILO, an in-depth study on forced labour in China has been carried out (November 2004 to March 2005), as well as various national and provincial workshops. Finally, the Government indicates that, although children are prohibited from carrying out hazardous work, they are allowed to take part in the work-study programmes and public interest activities that are within their capacity and suitable to their own nature.

The Committee notes that, in its concluding observations (E/C.12/1/Add.107, 13 May 2005, paragraphs 23 and 52), the Committee on Economic, Social and Cultural Rights considered that the “Diligent work and economical study” programme constitutes exploitative child labour, in contradiction with the provisions of Convention No. 182. It had encouraged the State party to consider withdrawing the programme of “Diligent work and economical study” (qingong jianxue) from its school curriculum. Moreover, it had stated that it was gravely concerned about the use of forced labour as a corrective measure, without charge, trial, or review, under the “Re-education through labour” (laodong jiaoyang) programme.

The Committee expresses its concern at the situation of children under 18 years performing forced labour not only in the framework of re-educational and reformative measures, but also in regular work programmes at school. Although the national legislation appears to prohibit the forced labour of children under 18 years, it remains an issue of concern in practice. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, forced labour is considered as one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee urges the Government to take measures to ensure that children under 18 years of age are not forced to work whether within the framework of re-educational or reformative measures or at school, or in any other situation, and to provide information on any further measures adopted or envisaged for this purpose.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee had previously noted that the labour inspectorate is responsible for monitoring the implementation of the provisions concerning child labour. It notes the ICFTU’s allegations that children are reportedly employed in some hazardous types of work, such as the firework industry, brick kilns and glass-making industries. The ICTFU observes that, given the shortage of labour inspectors, the chances of discovering children illegally working are slim. Therefore, although China does possess national legislation banning child labour and its worst forms, there remains a serious gap between legislation and implementation and monitoring.

The Committee notes the Government’s information that section 10 of the Regulations on labour protection inspection spells out the duties of the labour protection administration in the area of labour inspection and section 11 spells out the specific areas of inspection with regard to the employing entity. It notes that, amongst others, the labour inspectors supervise compliance of regulations prohibiting the use of child labour. Moreover, labour inspection takes the form of routine inspection rounds, examination of the regulatory written material submitted by the employing entities, and receiving complaints or tips on offences. In 2005, the labour protection administrations at various levels carried out 1,185 million unit-times of inspections, including routine inspection rounds and the annual labour protection inspections. The Committee notes the comments made by the All-China Federation of Trade Unions contained in the Government’s report, according to which, in July-August 2006, a special law enforcement inspection on the implementation of the Regulations on the prohibition of the use of child labour was conducted in the whole country. Regarding the results of this inspection, the present system of laws and regulations on the prohibition of the use of child labour is sound and complete, but the illegal use of child labour still exists. The existence of this phenomenon is mainly due to the following factors: (1) the inadequate power of the labour inspection enforcement; (2) difficulty in obtaining sufficiently convincing evidence; and (3) prevalence of fraudulent affidavits, which makes it difficult to identify child labour.

The Committee encourages the Government to strengthen the role of labour inspection and requests the Government to provide information on its activities, especially regarding the monitoring of hazardous work performed by children under 18 years of age, both in the formal and informal sectors. The Committee also asks the Government to supply, with its next report, extracts of the inspection reports specifying the extent and nature of violations detected involving children and young persons.

Article 7, paragraph 1. Penalties. 1. Trafficking. The Committee had previously noted that the Criminal Law provides for sufficiently effective and dissuasive penalties for the violation of the provisions prohibiting the sale and trafficking of children (section 240). The Committee notes the ICFTU’s allegation that, allegedly, despite strong efforts by the Chinese authorities to stem the problem in areas severely affected by trafficking in women and children, grass roots authorities have generally failed to take effective action. The problem is compounded by insufficient punishment for the buyers of trafficked children: under Chinese law the buyers can be sentenced for up to three years’ detention if they purchase a trafficking victim, but the vast majority are not prosecuted. Moreover, the Department of Public Security and other agencies are hampered by under-funding and lack of specialist staff, while law enforcement organs must have sufficient resources to combat trafficking. Therefore, for the ICFTU, the problem lies primarily in the implementation of the law and not in the legislation itself.

The Committee notes the Government’s information that, in 2005, the public security organs all over the country resolved 1,173 cases involving the trafficking of children, rescuing 1,945 child victims. Moreover, from June 2004 to May 2006, the Office of the Public Prosecutor prosecuted criminal cases and suspects of trafficking in children, purchasing trafficked children and abduction of children: 1,217 cases involved 2,578 persons; 7 cases involved 27 persons and 241 cases involved 346 persons. During the same period, Chinese courts have sentenced 4,938 criminals for the crimes of trafficking in women and children. 3,210 of these have been sentenced to imprisonment or the death penalty, which amounts to 65 per cent. According to the Government, this has sent shock waves through the criminal elements trafficking in women and children and effectively contained the upward trend in such crimes. Moreover, as a result of the participation of leaders in the investigation of major cases and coordinated regional operations, large cases involving the trafficking of women and children have been resolved in some priority areas known for the repeated occurrence of such crimes. The Committee welcomes the efforts made by the Government in this domain and requests it to continue to ensure that persons engaged in the trafficking of children for labour or sexual exploitation are prosecuted and that sufficiently effective and dissuasive penalties are imposed. The Committee also asks the Government to continue providing information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

2. Forced labour. The Committee had previously noted that, according to section 244 of the Criminal Law, the persons who are directly responsible for the offence of forced labour shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined. It had noted that, according to this provision, a person committing the offence of forced labour, may be sentenced to a fine only. The Committee notes the ICFTU’s allegation that it is particularly concerned about the lack of implementation of the laws relevant for the elimination of the worst forms of child labour. It also notes the Government’s information that the project carried out in cooperation with the ILO – “Forced labour and trafficking. The role of labour institutions in law enforcement and international cooperation” – has included studies, meetings, and investigations aimed at strengthening the law enforcement abilities of the Government officials concerned. It further notes that, according to the Government, from June 2004 to May 2006, the courts in the country sentenced 118 offenders for the crimes of forcing employees to work and engaging child labour for dangerous or heavy work. The Government adds that the quality of the trials in these cases was monitored according to the criminal procedural law. In addition, the relevant Government bodies, the section for minors’ protection of the Communist Youth League and the trade unions, all pay great attention to such trials.

The Committee considers that the penalties provided for in section 244 of the Criminal Law for the offence of forced labour are not sufficiently dissuasive to the extent that the penalty applied may merely consist of a fine. It reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of the penal sanction of imprisonment. It requests the Government to take the necessary measures to ensure the application of the penalty of imprisonment for an offence as serious as one involving forced labour. The Committee also requests the Government to take the necessary measures to ensure that persons who force children under 18 years of age to work are prosecuted and that effective and dissuasive penalties are applied. It finally requests the Government to continue providing information on any relevant impact of the “Forced labour and trafficking. The role of labour institutions in law enforcement and international cooperation” project on strengthening the law enforcement abilities of the Government officials concerned.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Beggars and homeless children. The Committee notes the ICFTU’s allegation that, from August 2003 through the end of June 2004, police picked up 80,000 child beggars nationwide. However, the number of child beggars may be much higher. The village of Gongxiao has had professional beggars for decades, but began to use disabled children as a means of producing a greater return. Locals estimated that 60 per cent of Gongxiao’s residents beg with the help of disabled children. Farmers are often tricked into renting their children for 300-500 yuan a month, while a professional beggar’s income may be as much as ten times that of a farmer. The Committee notes the Government’s information that, in January 2006, the “Opinions on strengthening the work on adolescent vagrants” (MC[2006]11) have been jointly issued by 18 departments, including the Ministry of Civil Affairs, the Steering Unity on the Prevention of Juvenile Delinquency, and the All-China Women’s Federation. This document spells out the duties of various departments and organs in combating the phenomenon of child begging and protecting and rehabilitating homeless or begging minors. According to this document, the public security organs should severely attack the criminal acts of organizing, manipulating and inciting minors, especially disabled minors, to commit such unlawful acts as tramping or begging. They should also, when they discover homeless or begging children, rescue them during anti-crime operations, immediately escort such children to centres for homeless minors and help the organs in charge to identify them. The educational administration should be responsible for the education of homeless minors and minors who have been repatriated to their places of origin for resettlement. The department of labour protection should be responsible for vocational training programmes for homeless minors. The judiciary department should emphasize the principles of giving priority to the interest of the minors in dealing with cases involving the rights of homeless minors, while the security organs, the Office of the Public Prosecutor and people’s courts should severely pursue and punish those who organize, manipulate and abet the minors, especially disabled minors, to tramp and beg. The Committee requests the Government to provide information on any relevant results of the measures applied by the abovementioned organs on protecting child beggars and homeless children from the worst forms of child labour and providing for their rehabilitation and social integration.

Article 8. International cooperation. Trafficking. The Committee notes with interest the Government’s information that it adopted a number of measures aimed at strengthening cooperation with neighbouring countries in order to combat trafficking in women and children. As an example, China-Viet N am anti-trafficking cooperation has carried out campaigns on the prevention of trans-border trafficking and endeavoured to raise the anti-trafficking consciousness of the law enforcement officers. The following results have been achieved: (a) the setting up of large bulletin boards at the major thoroughfares and entry ports; the distribution of anti-trafficking materials and artefacts; the conduct of a number of campaigns, in order to raise the anti-trafficking awareness of the population of the Sino-Vietnamese border area; (b) the organization of joint training courses in Thailand, Viet Nam and China for law enforcement cooperation against trafficking; (c) the exchange of information on a continued basis between the public security organs of China and Viet Nam; (d) meetings between criminal investigations and public security organs of China and Viet Nam; (e) a two-month long special operation against the trans-border trafficking in women and children organized by the Ministry of Public Security and involving the public security forces of the two border provinces of Guangxi and Yunnan. The Committee notes the Government’s information that this operation succeeded in: cracking 38 cases involving the trafficking in Vietnamese women and children or forcing the Vietnamese women to engage in prostitution; rescuing 132 trafficked Vietnamese women and children; capturing 53 suspected criminals (among whom 20 were Vietnamese suspects); crushing 15 criminal gangs; and repatriating 115 Vietnamese women and children. The Committee requests the Government to continue providing information on the implementation of anti-trafficking agreements to eliminate the trafficking of children and the results achieved.

The Committee is also addressing a direct request to the Government concerning other points.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report and requests it to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee observes that section 240 of the Criminal Law of 1997 prohibits the abducting and trafficking of women and children. The terms "abducting and trafficking" refer to abducting, kidnapping, buying, selling, transporting or transhipping women or children (section 240 in fine of the Criminal Law). In this regard, the Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/OPSA/CHN1, 1 September 2005, paragraph 66) that the definition of a child in the criminal law is generally held by judicial authorities, referring to valid judicial interpretations, to be any person under the age of 18.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee observes that, by virtue of section 11 of the Regulations Banning Child Labour of 2002, forced child labour is prohibited. Section 96 of the Labour Act of 1994, read together with section 244 of the Criminal Law, provide that employers who are directly responsible for forcing workers to work, by means of violence, intimidation or illegal restriction of personal freedom, commit a criminal offence. Moreover, section 226 of the Criminal Law prohibits compelling a person to offer or accept services.

3. Forced labour in "re-education camps". The Committee notes that, by virtue of section 17 of the Criminal Law, children from the age of 14 are criminally responsible for certain offences including murder, rape, drug trafficking or poisoning. As from 18 years of age, criminal responsibility is extended to infringement of all penal provisions. It also notes that section 46 of the Criminal Law provides that a person who is sentenced to fixed-term imprisonment or life imprisonment shall execute the sentence in prison or in another organ determined to this end. Section 46 of the Criminal Law also provides that "anyone with the ability to labour shall take part in labour, receive education and undergo reform". The Committee further notes that, according to the summary records of the Public Hearings on the Social Clause held in the Committee on Foreign Affairs, Security and Defence Policy of the European Parliament in 1997, China’s prison system comprises Laogai camps (i.e. reform through labour) and Laojiao (re-education through labour and juvenile criminal camps). The summary records indicate that all prisoners, including persons under 18, are subject to hard labour. The Committee accordingly requests the Government to provide information on the organs, other than the state prison, where convicted persons under 18 may serve their sentence as laid down in section 46 of the Criminal Law. It also asks the Government to indicate whether children sent to Laogai camps or Laojiao camps are systematically sent to these camps after having been sentenced by a court of law.

4. Compulsory recruitment of children for use in armed conflict. The Committee notes that, by virtue of section 12 of the Military Service Law of 1984, male citizens aged 18 years of age are enlisted for active service. The Committee notes, however, that section 12 of that Law also provides that male citizens under 18 may enrol in the armed forces on a voluntary basis and that, under section 30, military institutes and academies may, according to the needs in the building up of the armed forces, enrol cadets from among young students whose age limit may not be the same as that for the active servicemen to be enlisted. The Committee asks the Government to indicate whether those enrolled under sections 12 and 30 of the Military Service Law and who are under 18 years of age can be forced to take part in armed conflict.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, by virtue of sections 2 and 53 of the Law on the Protection of Minors of 1992, whoever lures, instigates or forces a minor under 18 to engage in prostitution commits an offence. Section 10 imposes a positive duty on parents or guardians of minors under 18 years of age to prevent the minors from engaging in prostitution. It also notes that, by virtue of section 358 of the Criminal Law, it is prohibited to organize the prostitution of a person or to force such person into prostitution. Section 361 of the Criminal Law also prohibits staff of hotels, restaurants, entertainment places, taxi companies to take advantage of their position to organize, force, seduce, or introduce a third person into prostitution. The Committee also notes that it is prohibited to engage in prostitution or visit brothels when one suffers from sexually transmissible diseases (section 360 of the Criminal Law).

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, by virtue of section 37 of the Law Safeguarding Women’s Rights and Interests, it is prohibited to hire or keep a woman to engage in obscene activities with others. Section 363 of the Criminal Law prohibits the production, reproduction, publication, sale or dissemination of obscene materials for the purpose of making profits. "Obscene materials" refer to erotic books, magazines, motion pictures, videotapes, audiotapes, pictures and other obscene materials that graphically describe sexual intercourse or explicitly publicize pornography (according to section 367 of the Criminal Law). The Committee requests the Government to confirm that the use, procuring or offering of both girls and boys under 18 for the production of pornography or for pornographic performances is prohibited under section 363 of the Criminal Law.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 347 in fine of the Criminal Law states that whoever uses or urges a youngster to traffic, transport, manufacture, or sell drugs to youngsters commits an offence. The Committee also notes that, by virtue of sections 2 and 53 of the Law on the Protection of Minors, it is prohibited to instigate a minor under 18 years of age to commit criminal offences.

Article 3, clause (d) and Article 4. Hazardous work. 1. Self-employed children. The Committee notes that the Labour Act of 1994 and the Ministerial Regulation on special protection of juvenile workers which prohibit the employment of juveniles under 18 in hazardous occupations apply only to labourers engaged in a contractual relationship. It consequently notes that self-employed workers do not benefit from the protection laid down in the Labour Act and the regulations based on it. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature or the circumstances under which it is carried out, is likely to harm their health, safety and morals.

2. Determination of hazardous work. The Committee observes that, by virtue of sections 58 and 64 of the Labour Act, juvenile workers under 18 years of age shall not work in mines, undertake work that is poisonous or harmful in nature, or strenuous as stipulated by the State. Section 65 of the Labour Act requires employing units to provide regular physical examinations to juvenile workers under 18 years of age. Section 28 of the Law on the Protection of Minors provides that any organization or individual that recruits minors aged 16-18 shall, in respect of the types of work, working hours and intensity of labour and protective measures comply, with the relevant regulations and shall not assign them to any over strenuous, poisonous, harmful or dangerous work. Section 7 of the Rules for the Administration of Employment of Foreigners in China of 1996 states that foreigners who seek employment in China shall be at least 18 years of age.

The Committee notes that section 3 of the Ministerial Regulation on the protection of juvenile workers provides a list of 17 activities that workers under 18 shall not perform. It also notes that, by virtue of sections 2 and 23 of the Law on the Protection of Minors, persons under 18 years of age shall not be admitted in commercial dancing halls. It further notes the Government’s indication that the types of work that are likely to harm the health, safety or morality of minors will be revised in light of scientific and technological progress and social development. Noting that night work does not appear to be prohibited for children under 18 years of age, the Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), and trusts that, when reviewing, in consultation with the organizations of employers and workers concerned, the list of the types of hazardous work, it will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190, in particular with regard to night work. It accordingly asks the Government to provide information on any developments in this regard.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee notes the Government’s indication that the labour inspectorate is responsible for monitoring the implementation of the provisions concerning child labour. Section 5 of the Regulations Banning Child Labour provides that the Labour Protection Authorities shall be responsible for monitoring the implementation of these regulations. Section 86 of the Labour Act states that labour inspectors are entitled to enter and inspect undertakings. If a labour inspector finds a juvenile worker working in contravention of the law, it shall impose a fine on the employer, request the employer to end the infringement, and may revoke the employer’s business licence (section 94 of the Labour Act). The Committee asks the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour. It also asks the Government to provide information on the mechanisms designated to monitor the implementation of the penal provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. Forced labour. The Committee notes that the ILO’s Special Action Programme to Combat Forced Labour (SAP-FL) initiated, in August 2004, a one-year programme entitled "Forced labour and trafficking: The role of labour institution in law enforcement and international cooperation". It notes, that under the procedures of the Declaration on Fundamental Principles and Rights at Work, the Government requested ILO assistance to prepare the ground for the ratification of the ILO Conventions on forced labour. The programme aims at: (i) strengthening the law and policy framework on forced labour and trafficking for labour exploitation; (ii) providing specific training and capacity building to law enforcement officials on forced labour and trafficking for labour exploitation; (iii) involving employers’ and workers’ organizations in the identification of forced labour and trafficking for labour exploitation; and (iv) addressing the situation of victims of internal and cross-border trafficking. The Committee asks the Government to provide information on the concrete measures taken under this programme and its impact on eliminating forced child labour.

Article 7, paragraph 1. 1. Penalties. The Committee notes that the Criminal Law provides for sufficiently effective and dissuasive penalties for the violation of the provisions prohibiting the sale and trafficking of children (section 240), the use, procuring or offering of a child for prostitution (sections 358, 359 and 362), the use, procuring or offering of a girl for pornographic performances (section 51 of the Law on Safeguarding Women’s Rights and Interests and section 160 of the Criminal Law) and the production of pornographic material (section 363 of the Criminal Law), as well as for the use, procuring or offering of a child for the production and trafficking of drugs (section 347 of the Criminal Law). The Committee notes that, by virtue of sections 2 and 53 of the Law on the Protection of Minors, whoever instigates a minor under 18 years of age to commit criminal offences shall be given heavier punishments according to the law. The Committee asks the Government to provide information on the penalties provided by the Law for the infringement of section 53 of the Law on the Protection of Minors, and penalties imposed in practice.

2. Forced labour. The Committee notes that, according to section 244 of the Criminal Law, whoever employs a person as a forced labourer is liable to a maximum of three years’ imprisonment or criminal detention or a fine or both. The Committee observes, however, that a person found guilty of violating section 244 of the Criminal Law may be sentenced to a fine only. The Committee reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, it shall take all necessary measures to ensure the effective implementation of its provisions including the provision and application of the penal sanction of imprisonment. The Committee accordingly requests the Government to consider an additional penalty of imprisonment for an offence as serious as one involving forced labour.

3. The employment of children in hazardous occupations. The Committee notes that, by virtue of section 244(a) of the Criminal Law as amended in 2002, whoever employs minors under the age of 16 in strenuous work or to undertake underground work or to manipulate explosive, inflammable, radioactive, poisonous substances and in other dangerous conditions is liable to a maximum of three years’ imprisonment and a fine. Whereas a person who employs a child under 18 in violation of the relevant labour provisions prohibiting the employment of children under 18 in hazardous work is liable to a maximum fine of 3,000 yuan RMB for each child employed in violation of the relevant legal provisions (section 12 of the Ministerial Regulation on the issuance of the measures of administrative punishment in violation of the labour law). The Committee encourages the Government to extend the penalties applicable for the violation of the prohibition to employ children under 16 years of age in hazardous work to those violating the prohibition on employing children aged 16-18 in hazardous occupations.

Article 7, paragraph 2. Time-bound measures. The Committee notes the absence of the following effective and time-bound measures: (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; and (c) ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee requests the Government to supply information on the time-bound measures taken or envisaged, as required under Article 7(2)(b) and (c) of the Convention.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to education. The Committee notes that sections 2 and 5 of the Compulsory Education Law of 1986 provide that the State shall institute a system of nine years compulsory education and that all children who have reached 6 years of age shall enrol and receive compulsory education. Section 18 of the Education Law of 1995 also provides for a system of nine years of compulsory education. Section 10 of the Compulsory Education Law also provides that the State shall not charge tuition for students receiving compulsory education and shall establish a system of grants to support the school attendance of children from poor families. Section 11 of the Compulsory Education Law, section 18 of the Education Law and section 9 of the Law on the Protection of Minors, 1991, provides that the legal guardians of minors (i.e. persons under 18 according to section 2) shall ensure that school-age children enjoy compulsory schooling. It also observes that, by virtue of section 10 of the Education Law of 1995, the State shall support the development of education facilities in poor areas.

The Committee notes however that, according to the Education for All Global Monitoring Report of 2003-04 (UNESCO, pages 1 and 4), primary education was almost universal in 1990 with a net enrolment ratio of 97 per cent, but by 2000 the figure had fallen to 93 per cent, doubling the number of out-of-school children in the East Asia and the Pacific Region, from 7.1 to 14 million, of whom 57 per cent are in China. The report adds that primary school fees continue to be charged despite legally guaranteed free education.

The Committee also notes that, according to the report submitted by the Special Rapporteur to the United Nations Commission on Human Rights (E/CN.4/2004/45/Add.1, 21 November 2003, paragraphs 11 and 13), "the official statistics on school enrolment conflict with reports of large numbers of children who cannot afford to go to school". It adds that the cost of public education is the primary reason for student drop-outs or non-enrolments. The Rapporteur further states that "the increasing costs of education have created ‘new illiterates’, which was confirmed by the official statistics that placed the number of illiterates in 2001 at 85 million". The Committee nevertheless notes that, according to the ILO/IPEC progress report on the project "Preventing Trafficking of Girls and Women for Labour Exploitation within China", January 2005, page 2), the Government’s total investment in rural education increased by 72 per cent in 2004 compared to 2003. The report reveals that an initial 24 million primary and junior middle school children of poor rural families in the central and western regions were given free textbooks, subsidies for lodging expenses and were exempted from miscellaneous expenses as from the autumn of 2004; all children of poor rural families will be covered by 2007. The Committee further notes the Government’s indication that the State Council adopted in September 2003 a "Decision on further strengthening the work of the education in rural areas". Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to pursue its efforts to ensure that primary education is free for all children especially for those living in rural areas or with poor families.

2. Education of migrant children. The Committee notes that, according to the Special Rapporteur to the United Nations Commission on Human Rights (E/CN.4/2004/45/Add.1, 21 November 2003, paragraph 27), an unknown number of migrant children are denied their right to education and that those allowed into school are required to pay a "temporary schooling fee" of 20,000 yuan RMB in Beijing which is beyond the reach of most migrants. The Committee also notes the Government’s indication that the State Council adopted in September 2003 an "Opinion on improving the work of compulsory education for the children of peasants entering cities for work", according to which local authorities shall provide financial support to children of migrant peasant workers so that these children have access to compulsory schooling. The Committee requests the Government to continue to provide information on the concrete measures taken to ensure access to compulsory education for migrant children and the results achieved.

3. Manual work at school. The Committee notes that, according to the Special Rapporteur to the United Nations Commission on Human Rights (E/CN.4/2004/45/Add.1, 21 November 2003, paragraph 14), manual labour by school-age children (qingong jianxue) is permitted. The report reveals that in 2001 children had to produce firecrackers to compensate for the shortage of funds for their schooling; 42 schoolchildren and their teachers were officially reported dead as a result of an explosion in a school in Hebei (Juangxi Province). The Committee accordingly asks the Government to provide information on the effective and time-bound measures taken or envisaged to prevent school-age children from performing hazardous work in school.

Clause (d). Identifying and reaching out to children at special risk. Child domestic workers. The Committee observes that China participates in an ILO/IPEC subregional project entitled "Preventing and eliminating exploitative child domestic work through education and training in South-East and East Asia" (i.e. Cambodia, China, Indonesia, Lao People’s Democratic Republic, Mongolia, Philippines, Thailand and Viet Nam). The project was launched in 2002 and renewed for a two-year period in 2004. It aims at strengthening national efforts in order to: (i) provide direct support to child domestic workers; (ii) raise awareness on the working conditions of child domestic workers; (iii) build the capacity of key actors to take action against the exploitation of child domestic workers; and (iv) create an enabling environment to eliminate exploitative child domestic labour. The Committee observes that, according to the ILO/IPEC project outline, the lack of data in China constitutes an obstacle to action. The Committee accordingly asks the Government to provide information on the concrete measures taken to identify the number of child domestic workers and their working conditions. It also asks the Government to provide information on the measures taken or envisaged to protect child domestic workers from hazardous work.

Clause (e). Special situation of girls. 1. Trafficking in girls. The Committee notes that the ILO/IPEC launched, in April 2004, a four-year project entitled the "CP-TING" project to prevent the internal trafficking in girls and women for labour exploitation. The project aims at mobilizing key stakeholders to: (i) prevent the trafficking in girls and women for labour exploitation; (ii) provide direct assistance to female victims of trafficking for labour exploitation; and (iii) strengthen national policy frameworks and implementation capacity to prevent trafficking. The Committee also notes that, according to the ILO/IPEC progress report of January 2005, a lot of progress has been made in improving conceptual understanding and raising awareness, a broad range of stakeholders has been mobilized, and sufficient proxy were collected to enable the selection of target counties (in sending provinces) and target cities (in receiving provinces). The Committee asks the Government to provide information on the concrete measures taken or envisaged under the abovementioned project to eliminate the internal trafficking of girls for labour exploitation and the results achieved.

2. Education. The Committee notes that, according to the report submitted by the Special Rapporteur to the United Nations Commission on Human Rights (E/CN.4/2004/45/Add.1, 21 November 2003, paragraphs 11 and 26), the rising cost of education mostly affects girls who are estimated to form the majority of the 85 million new illiterates. The report also reveals that female illiteracy increased in the 1990s from 68 per cent to 71 per cent. Girls have overtaken boys in primary education with 50.6 per cent, but are lagging behind at the university level with 38.2 per cent. The Committee notes that the Special Rapporteur recommended "the adoption of a comprehensive strategy for attaining gender equality both in and through education at the highest level of the Government". Considering that education contributes to preventing girls from engaging in the worst forms of child labour, the Committee asks the Government to take the necessary measures to facilitate girls’ access to education.

Article 7, paragraph 3. Competent authority responsible for the implementation of the measures giving effect to the Convention. The Committee notes the Government’s indication that the Education Department, Labour Protection Department, Public Security and Judicial Department are responsible for implementing the provisions giving effect to the Convention. The Committee accordingly asks the Government to provide information on the concrete measures taken by the abovementioned bodies to implement the provisions giving effect to the Convention.

Article 8. 1. International cooperation. The Committee notes that China is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1992, ratified the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2002 and signed the Protocol on the Involvement of Children in Armed Conflict in 2001.

2. Regional cooperation. Trafficking of children. The Committee notes that ILO/IPEC launched a Mekong Subregional Project to Combat Trafficking in Children and Women (TICW) in Cambodia, Yunnan Province of China, Lao People’s Democratic Republic, Thailand and Viet Nam in 1999. The second phase of the project was launched in May 2003, and will last five years. According to ILO/IPEC, the number of victims trafficked for sexual exploitation is increasing rapidly. The majority of the 1,000 female victims of cross-border trafficking each year are sent to Thailand, via Lao People’s Democratic Republic and Myanmar. The Committee observes that, according to the ILO report on the TICW project (December 2004), trafficking from Yunnan Province in China to Thailand primarily involves girls and women for sexual exploitation. The Committee asks the Government to provide information on the concrete measures taken under the second phase of the TICW project, as well as their impact on the elimination of the cross-border trafficking of children for labour and sexual exploitation.

3. Poverty reduction. The Committee notes that in 1994 the Government introduced a "8-7 Plan" (National Plan for Poverty Reduction). According to the World Bank report entitled "Shanghai Poverty Conference: Case Study Summary, China’s 8-7 National Poverty Reduction Programme", the number of poor people with less than US$1 a day, is estimated to have dropped from about 490 million in 1981 to 88 million in 2002. The Committee asks the Government to provide information on any notable impact of the National Plan for Poverty Reduction towards eliminating the worst forms of child labour.

Part III of the report form. The Committee notes the Government’s indication that no decisions have been given by courts of law involving questions of principle relating to the application of the Convention. However, it notes that, according to the ILO/IPEC project overview of the TICW in Yunnan Province, a gang comprising 28 traffickers of women and children from 17 cities was caught in March 2003. Five traffickers were sentenced to death, three were sentenced to life imprisonment, 17 to 15 years’ imprisonment and the others to three to 12 years’ imprisonment. The Committee accordingly asks the Government to provide information on any other cases concerning the application of the legal provisions giving effect to the Convention, and the penalties imposed.

Part V of the report form. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties imposed. To the extent possible, all information provided should be disaggregated by sex.