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Summary: This report summarises individual observations and direct requests issued by the ILO Committee of Experts related to child labour conventions. To view the full reports, go to the NORMLEX database (http://www.ilo.org/dyn/normlex/en) and click on ‘display all documents related to a specific country’.
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Individual Observation on Minimum Age Convention, 1973 (No. 138)
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Individual Observation on Worst Forms of Child Labour Convention, 1999 (No. 182)
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Direct Request on Worst Forms of Child Labour Convention, 1999 (No. 182)
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CEACR: Individual Observation on Minimum Age Convention, 1973 (No. 138) Published: 2010
Article 2(3) of the Convention. 1. Compulsory schooling.
The Committee previously noted that the law fails to guarantee funding for compulsory education, thus forcing or allowing many schools, particularly in rural regions, to collect tuition and other fees. However, the Committee noted that in 2007, the State Council made more funds available for rural compulsory schooling including providing tuition to all rural students of compulsory school age and increased subsidies to boarding school students from poor rural families. The Committee also noted that the Compulsory Education Law states that no miscellaneous fees should be charged for compulsory education and that the State Education Inspection and Supervision Group is responsible for monitoring the enforcement of the Law. The Committee noted that these measures resulted in a rise in the level of universal education across the country. However, the Committee noted the information in the UNESCO Education for All: Global Monitoring Report of 2008 that a well-structured inspection system on quality education was still in the early stages of development (2008/ED/EFA/MRT/PI/82, page 8).
The Committee notes the information in the communication submitted by the ITUC of 1 September 2010 which indicates that, in March 2010, a new ten-year reform plan for the overhaul and improvement of the education system began. Nonetheless, the ITUC states that, according to statistics from the China Education and Research Network, the number of overall primary schools has decreased, as has enrolment at both the primary and secondary levels. The ITUC also refers to UNICEF figures indicating that approximately 1 million children drop out of school each year due to poverty (particularly ethnic minorities and girls) and that two-thirds of non-enrolled school-age children in China are females. The ITUC states that girls are the first to drop out when economic pressures affect their families, and that girls are more often found to be working in factories. The ITUC indicates that the increase in drop-outs, and the corresponding increase in child workers, are due to increasing school fees. The ITUC’s allegations reference cases where children were brought to work in factories by their parents in order to pay for their school fees.
The Committee also notes the information contained in the Government’s report that the net entrance rate for primary school has increased to 99.54 per cent. The Government also indicates that since the autumn 2008 semester, urban students have been exempted from tuition and incidental fees for compulsory education, similar to the programme operating in rural areas. Students whose families are entitled to minimum living standards are given free textbooks and boarding school students receive livelihood subsidies. The Government further indicates that the balanced development of compulsory education within regions is a strategic focus for the Government that it aims to achieve by 2020. In this regard, the Committee notes that in 2010, the Government issued the “National Mid- and Long-Term Reform on Education and Development Programme
(2010–20)”, which includes specific compulsory education targets, measures to increase the guaranteed level of resource funds and initiatives to raise the quality of education at all levels. In addition, the Government indicates that various local governments have taken steps to improve access to education in rural areas, such as increasing the infrastructure of rural schools, minimising gaps in the conditions between schools and guiding teachers towards rural, remote and poor areas. The Committee also notes the Government’s indication that it engages in the monitoring of provinces, cities and counties to review the effect given to the policies exempting students from tuition and incidental fees (in both rural and urban areas). This monitoring included school inspections in five provinces and autonomous regions, and indicated that these local governments had been correctly implementing the national policies. The Committee further notes the Government’s statement that it has, since 2008, been carrying out monitoring work on progress towards the balanced development of compulsory education in 72 counties across the country. The Government states that the results of this monitoring work are submitted to the administrative department on national education for reference when formulating education policy, though the Committee observes that this information is not included in the Government’s report.
The Committee notes the statement in the report of the UNICEF Executive Board entitled “Report of the field visit to China by members of the Bureau of the Executive Board” of 14 May 2010 that despite efforts made by the Government in the education sector, challenges remain, especially in western areas, including disparities in the quality of, and access to, education and the numbers of children out of school (E/ICEF/2010/CRP.11, paragraph 20). Lastly, the Committee notes the information in the compilation report of 16 December 2008 prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review of China that the Committee on the Elimination of Discrimination Against Women, the Committee on Economic, Social and Cultural Rights and the Committee on the Rights of the Child each called upon China to eliminate all miscellaneous and other “hidden” fees for primary education (A/HRC/WG.6/4/CHN/2, paragraph 38). Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to pursue its efforts to ensure that, in practice, all children have access to free compulsory education, paying particular attention to girls and children from ethnic minorities and in rural areas. In this regard, the Committee requests the Government to take the necessary measures to considerably strengthen the mechanisms that monitor the enforcement of the Compulsory Education Law and the policies on exemptions for tuition and other fees. It requests the Government to continue to provide information on measures taken in this regard and to provide information from the monitoring and evaluation exercises conducted to monitor these policies.
2. Education for children of internal migrant workers.
In its previous comments, the Committee noted the ITUC’s allegations that, according to the hukou system (household registration), migrant workers’ children, who travel with their parents to a city where they have no right to register as permanent residents, are not allowed access to schooling provided by the local governments. The Committee also noted that migrants started to organise their own schools, but that these schools were of variable quality. The Committee further noted the Government’s statement that it had developed a variety of policy measures to ensure equal access to compulsory education for these children, including a 2005 circular explicitly providing that the policy in place for urban students would similarly apply to the children of migrant workers from rural areas and a 2006 State Council document aiming to ensure equal access to compulsory schooling for the children of migrant workers. The Government indicated that in 2006 the Compulsory Education Law was revised to provide that, “[l]ocal governments shall provide equal access to compulsory education for school-aged children living with their parents or guardians who are working or residing in places other than their registered permanent residences”, following which localities established basic regimes to ensure access to compulsory education for migrant children.
The Committee notes the statement in the ITUC communication that at present, different regions provide different measures for the children of migrant workers, and these plans may shift according to the whim of the local government, resulting in a failure to provide stable education to these children. However, the Committee also notes the Government’s statement that the restrictions linked to household registration have begun to change and that various levels of governments have taken measures to ensure that children of migrant workers receive compulsory education with local students, such as establishing budgets based on the total number of children accepted (not just the number of officially registered local children). In addition, the Government states that more support has been given to schools in areas with greater numbers of children of migrant workers and that subsidies have been given to provinces where progress has been made on this issue. Nonetheless, the Committee notes the information in the UNESCO 2010 report entitled Education for All: Global Monitoring Report (UNESCO EFA report) that, while the Government has introduced reforms, the hukou system continues to hinder access to education for the children of migrant workers. Even with requiring city authorities to accommodate holders of rural registration with temporary residence and employment permits, the children of many migrants continue to face restricted opportunities for education. The UNESCO EFA report indicates that only two-thirds of Beijing’s 370,000 migrant children were enrolled in public schools. The UNESCO EFA report also indicates that school budgets continue to be based on the number of official students registered by authorities, and that while individual schools can accept unregistered children, their parents must typically pay a fee to compensate for the lack of government funds, therefore making education inaccessible. The UNESCO EFA report further indicates that the unauthorised migrant schools are of questionable quality and some have been forced to close. The Committee expresses its serious concern about the lack of accessible compulsory education for the children of migrant workers and urges the Government to redouble its efforts to ensure that these children have equal access to free basic education. It requests the Government to continue to provide information on the results achieved, particularly on the number of children of migrant workers who were effectively provided with compulsory education through the measures taken, and estimates on the number of these children who remain out of school.
Article 3(1). Hazardous work. Hazardous work performed through work-study programmes.
The Committee previously noted the situation of schoolchildren performing manual work at schools to compensate for the shortage of funds for their schooling. However, the Committee noted that the “Regulations on the Management of Safety in Middle Schools, Primary Schools and Kindergartens” (MEO23) was issued in 2006, which provided that schools are not allowed to organise pupils to take part in hazardous activities such as fabricating fireworks or involving toxic chemicals.
The Committee notes the Government’s statement that it attaches great importance to the safety of work in primary and middle schools, and that it has taken several measures in this respect. The Government indicates that it has strengthened awareness of safety issues (through education, training activities and drills), holding a national safety education day for primary and middle school students and disseminating 300,000 copies of the “Guidelines of Safe Work for Primary and Middle Schools”. The Committee also notes the Government’s indication that it has provided training to improve the capacity of school management with regard to safety and crisis response and has established a school safety inspection system to diagnose and remedy safety risks, to prevent future accidents.
However, the Committee notes the ITUC’s allegation that, although efforts have been made to curb the abuse of work-study programmes (programmes where children engage in work through their schools), these programmes are often used by employers to justify illegally low wages and used by schools to generate profit. The ITUC communication also states that, through these work study programmes, children are exposed to excessive working hours and unsafe workplaces, and provides examples of schoolchildren being brought to work in the grape-processing and cotton industries by their teachers. The ITUC further asserts that although some work-study schemes are limited to seasonal agricultural work, improving school facilities or making small handicrafts, many of these school programmes have resulted in children working in dangerous and labour-intensive industries such as agriculture, construction and factories for long hours and under harsh conditions. The Committee expresses its concern at the continued engagement of schoolchildren under 18 in hazardous types of work within the context of work study programmes. It accordingly urges the Government to strengthen its efforts to strictly enforce the prohibition of hazardous work contained in the MEO23 in order to ensure that persons under 18 years of age are not engaged in hazardous work through work-study programmes, even where safety and security measures are in place. Furthermore, noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the number and nature of infringements of the MEO23 detected by the competent ministry, as well as the penalties applied.
Article 9(1) and Parts III and V of the report form. Penalties, labour inspectorate and application of the Convention in practice.
In its previous comments, the Committee noted the ITUC’s indication that the extent of child labour remains difficult to assess due to a lack of official reporting on cases and the lack of transparency in statistics. The Committee also noted the comments of the All-China Federation of Trade Unions (ACFTU) urging the Government to make more of an effort with regard to law enforcement supervision. In this regard, the Committee noted the Government’s indication that the issue of child labour is dealt with through the investigation of complaints, routine inspections, in-focus operations and annual labour inspection schemes. The Committee also noted the establishment of a labour supervisory framework at the provincial, municipal and county levels.
The Committee notes the ITUC’s allegations that child labour has increasingly been reported in the footwear industry and in smaller workshops producing textiles, shoes and related products. The ITUC’s allegations contain many examples of the use of child labour, while stating that there is a lack of official published national data on the extent of child labour. The ITUC indicates that reliable and transparent data would be essential to formulate policies to address this problem. The Committee also notes the statement in the ITUC communication that while the growing number of labour inspectors represents a significant start towards proper enforcement, the numbers are still insufficient to cover all companies in China. Furthermore, the ITUC once again states that the chances of discovering child labour are slim given the shortage of labour inspectors and the extensive collusion between private businesses and local officials. The ITUC indicates that inspections continue to be of little value due to the common practice of informing factory owners in advance, so that on inspection days, working children are kept hidden or given the day off.
The Committee notes the information in the Government’s report that, by the end of 2009, the labour supervisory framework consisted of 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 indicates that active measures have been taken to prevent and investigate the illegal recruitment of children for employment and that, in the course of inspection activities, emphasis has been given to the provisions of national legislation regarding the prohibition of child labour and the protection of young workers. The Government also indicates that since 2006, special activities have been organised jointly with the ACFTU in this regard, including different types of inspections. The Committee takes due note of the efforts taken by the Government, including the increase in the number of labour inspectors, but expresses its concern regarding reports of collusion between inspectors and private businesses and regarding the lack of data available on the prevalence of child labour in the country. The Committee recalls that, pursuant to Article 9(1) of the Convention, all necessary measures shall be taken by the competent authority to ensure the effective enforcement of the provisions of the Convention, and urges the Government to take the necessary measures to address the issue of collusion between labour inspectors and enterprises to ensure thorough investigations into possible cases of child labour. In this regard, it requests the Government to provide information on the types of violations detected by the labour inspectorate, the number of persons prosecuted and the penalties imposed. The Committee also requests the Government to pursue its efforts to strengthen the capacity of the labour inspectorate, particularly with regard to the inspection of small enterprises. Lastly, the Committee urges the Government to take the necessary measures to ensure that sufficient up-to-date data on the situation of working children in China is made available, including, for example, data on the number of children and young persons below the minimum age who are engaged in economic activities, and statistics relating to the nature, scope and trends of their work.
The Committee is raising other points in a request addressed directly to the Government.
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CEACR: Individual Observation on Worst Forms of Child Labour Convention, 1999 (No. 182) Published: 2010
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 emphasised 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 organisations 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 reorganised 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, emphasising 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 organising, 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 summarised 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.
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CEACR: Direct Request on Minimum Age Convention, 1973 (No. 138) Published: 2011
Article 6 of the Convention. Apprenticeship.
The Committee previously noted that the minimum age for apprenticeship is generally 16 years, pursuant to the “Provisional regulation of the State Council on the duration of training and subsistence allowance for apprentices in the state-run enterprises, the public–private joint operation, cooperative and private-run, and in institutions” of 1958 (Provisional Regulation 1958). The Government indicated that in the case of special sectors, the age of apprenticeship may be lower than 16 years, and in such special circumstances, an approval must be obtained from the competent provincial labour bureau. The Committee noted that there did not appear to be a minimum age set for apprenticeships in the case of special sectors or special circumstances, as approved by the competent labour bureau. The Committee requested the Government to take the necessary measures to ensure that no child under 14 years of age engages in an apprenticeship in an undertaking, including in special sectors or in special circumstances.
The Committee notes the Government’s statement that there have been no new developments on this topic. Nonetheless, the Committee notes the statement in the report of the International Trade Union Confederation (ITUC), for the World Trade Organisation General Council on the trade policies of China of 10 and 12 May 2010, entitled “Internationally recognised core labour standards in China” (ITUC report), that apprenticeships are used to employ children in factories, which enables certain employers to conceal their use of child labour. The ITUC report offers two examples of factories where children under 16 were recruited for work as apprentices, and indicates that in some cases, these apprentices worked up to 14-hour days. The ITUC report indicates that these children will work long hours for low pay and often only receive board and lodging. The Committee expresses its concern at the alleged abuse of the apprenticeship system. It recalls that by virtue of Article 6, the provisions of the Convention do not apply to work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organisations of employers and workers concerned, where such exist. The Committee accordingly urges the Government to take the necessary measures to ensure that the conditions for apprenticeships are prescribed by the competent authority, following consultation with the organisations of employers and workers concerned, and that these conditions are enforced in practice. Furthermore, observing the alleged apprenticeship of children under the minimum age for apprenticeships specified in the Provisional Regulation 1958, the Committee requests the Government to take the necessary measures to establish a minimum age for admission to apprenticeships of at least 14 years in all sectors, including in special sectors or circumstances.
Article 8. Artistic performances.
The Committee previously noted that section 13(1) of the Regulations Banning Child Labour of 2002 provides that organisations for performing arts and sports may recruit professional artists and athletes under the age of 16 upon consent from their parents or other guardians. The Committee observed that obtaining the authorisation of the parents or legal guardians of the child is not sufficient to fulfil the requirements of the Convention. It recalled that, by virtue of Article 8(1) of the Convention, the permits granted in individual cases to participate in artistic performances must be granted by the competent authority.
The Committee notes the Government’s statement that artistic or sporting organisations who do recruit minors under the age of 16 must, in addition to securing the consent of the minor’s parent, take effective measures to protect their physical and mental health and guarantee their right to compulsory education. The Committee also notes the Government’s statement that talented children in the arts and sports fields are generally trained in specialised education systems, and are therefore not likely to be recruited to engage in performances for the purpose of employment. Nonetheless, the Committee notes the Government’s statement that it will make due revisions to the relevant legislative policies, to effectively safeguard the rights and interests of minors under 16 years of age. The Committee therefore urges the Government, within the context of the revisions to the relevant legislative policies, to take the necessary measures to bring national legislation into conformity with Article 8 of the Convention by specifying that children employed in artistic activities must apply for permits granted by the competent authority. It requests the Government to provide information on any progress made in this regard, and to provide information on the number of children currently employed pursuant to the exception provided for in section 13(1) of the Regulations Banning Child Labour of 2002.
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CEACR: Direct Request on Worst Forms of Child Labour Convention,1999 (No. 182) Published: 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 emphasises 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 organisations 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 Organisation 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.
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