Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Chine (Ratification: 2002)

Autre commentaire sur C182

Observation

Demande directe

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Articles 3(a) and (b), and 7(1) of the Convention. Sale and trafficking of children and penalties. The Committee previously noted that China is a source, transit and destination country for international trafficking in women and children and that, despite various projects and national plans, the phenomenon of trafficking for the purposes of forced labour and prostitution was worsening and that cross-border trafficking appeared to be on the rise. The Committee also noted the Government’s information concerning the Plan of Action against Human Trafficking (2013–20), as well as the Anti-Trafficking Inter-Ministerial Joint Meeting (IMJM) of the State Council, which involves coordinating the implementation of action plans against trafficking in persons, comprehensively sanctioning trafficking crimes, and improving the long-term anti-trafficking mechanisms with respect to prevention, prosecution, assistance and rehabilitation. The Committee further noted that, between June 2010 and May 2014, 12,752 persons were prosecuted in 6,154 cases for abducting and trafficking women and children under section 240 of the Criminal Code, and 1,122 persons in 286 cases were convicted of buying trafficked women and children under section 241.

The Committee notes the Government’s information in its report that Amendment IX to the Criminal Law came into effect in November 2015, section 241 of which provides that whoever “buys an abducted woman or child” commits a crime and is punishable by imprisonment of not more than three years or criminal detention. The Government indicates that, from June 2014 to June 2017, court decisions were handed down for 2,519 cases of women and children who were trafficked with 3,944 perpetrators involved and for 173 cases of purchase of abducted women and children with 456 perpetrators involved. The Committee also notes that the Supreme Court issued judicial interpretations on the application of laws regarding trafficking of women and children in December 2016 (No. 28 of 2016), in order to facilitate the effective application of related legislation in practice. However, the Committee notes that section 9 of Judicial Interpretation No. 28 of 2016 defines children under sections 240 and 241 of the Criminal Code as persons under 14 years of age. The Committee observes therefore that boys aged 14 to 18 years may not be protected under the provisions criminalizing trafficking in persons. The Committee therefore requests the Government to indicate the measures taken or envisaged to protect boys aged 14 to 18 years from trafficking. The Committee also requests the Government to continue its efforts to ensure thorough investigations and robust prosecutions against persons who engage in the trafficking of children, and to provide information on the number of investigations, prosecutions and convictions, as well as the specific penalties imposed in this respect.

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