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

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

Articles 3(a) and (b) and 7(1) the Convention. 1. The trafficking of children for commercial sexual exploitation 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 physical labour and prostitution was worsening and that cross-border trafficking appeared to be on the rise. Furthermore, it noted that despite efforts by the Chinese authorities to stem the problem of trafficking in women and children, local 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 Government’s information concerning Phase II of CP-TING (Preventing Trafficking for Labour Exploitation in China), which ended in 2013 and which carried out awareness-raising training in 95 schools in six provinces, including the participation of approximately 100,000 students. The Committee also notes 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 the coordination of implementing action plans against trafficking of persons, comprehensively sanctioning trafficking crimes and improving the long-term anti-trafficking mechanisms with respect to prevention, combat, assistance and rehabilitation. The Committee also notes the Government’s indication that efforts to combat trafficking of persons in the country need to be long-term, as the issues arising are arduous and complex. Finally, the Committee notes the statistical information concerning the number of cases of and convictions for trafficking of women and children that were examined between June 2010 and May 2014, according to which 12,752 persons were prosecuted in 6,154 cases for abducting and trafficking women and children and 1,122 persons in 286 cases were convicted of buying trafficked women and children.

The Committee takes due note of the Government’s ongoing efforts to combat the trafficking of persons. It notes, however, that while the Government’s efforts have aimed to combat the trafficking of persons, generally, they do not appear to take into the account the special needs and protections required for children, specifically. The Committee notes, in this respect, that the Committee on the Rights of the Child (CRC), in its concluding observations on the combined third and fourth reports (CRC/C/CHN/CO/3-4, paragraph 87) in 2013, expressed its concern at the increased prevalence of child trafficking and exploitation, especially for the purpose of labour and sexual exploitation, including sex tourism. The Committee urges the Government to take measures to ensure that efforts taken within the framework of the Plan of Action against Human Trafficking (2013–20) and by the IMJM involve thorough investigations and robust prosecutions against persons who engage in the trafficking of children. The Committee also requests the Government to provide information on the number of investigations, prosecutions and convictions, and the duration of the sentences imposed in this respect.

2. Forced labour in re-education through labour camps. The Committee previously observed that China’s prison system includes re-education through labour (RETL) and noted that records indicate that all prisoners, including persons under 18, were subjected to hard labour. The Committee notes with interest the Government’s indication that, on 28 December 2013, the system of RETL was abolished.

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