Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (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.