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

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

The Committee notes that the country is participating in an ILO technical assistance programme, the Special Programme Account (SPA) project, carried out jointly between the ILO and the Ministry of Human Resources and Social Security (MoHRSS). It also notes that, in the framework of the SPA, a tripartite inter-ministerial workshop was conducted in September 2012 in Nanchang, Jiangxi Province with the aim of drawing attention to the implementation gaps identified by the Committee with regard to the child labour Conventions, as well as two follow-up missions in Beijing in September 2013, and in Chengdu, Sichuan Province in September 2014, to assess the progress achieved, provide a forum to exchange information on the problems encountered in addressing child labour in the country and identify priorities for future assistance.

Article 3(a) of the Convention. Worst forms of child labour. Forced labour in juvenile criminal camps. The Committee previously observed that China’s juvenile criminal camps subject persons under 18 years of age to hard labour. The Committee notes, in this respect, the Government’s indication that such labour is carried out based on convictions under the Criminal Law and the Prison Law. It further notes the Government’s description of this labour, which the Government indicates is neither hard nor hazardous, but rather is strictly limited based on the physical and psychological characteristics of juvenile offenders so as to better protect their legitimate rights and interests. The Committee requests the Government to identify the types of criminal offences which would lead to a conviction of young persons to prison labour. It also requests the Government to indicate how it is ensured that young persons under the age of 18 years who are convicted are not subjected to labour that is hazardous to their health, safety or morals.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted that the Government’s national plans did not appear to address the commercial exploitation of children who were not victims of trafficking, or who did not live on the street, particularly their use, offering or procuring for the purpose of prostitution, pornography or pornographic performances.

The Committee notes the information provided by the Government concerning efforts taken by the Ministry of Public Security to strengthen efforts to criminalize forced prostitution, including child prostitutes, and to rescue young girls. The Government indicates that no penalties are imposed on child prostitutes aged 14 to 18 years, who are instead reintegrated into education. In addition, the Government has aimed to protect the children’s rights and collaborates with educational departments and women’s federations to raise awareness and promote the smooth reintegration of these children.

The Committee appreciates the Government’s attempts to rescue and rehabilitate children. It requests the Government to continue to indicate its programmatic measures to combat the use, offering or procuring of children, including boys, for the purpose of prostitution, pornography or pornographic performances.

Article 7(1). Penalties. Forced labour. Following its previous comments, the Committee notes with interest the 2011 amendment to section 244 of the Criminal Law to provide a penalty of imprisonment of not more than three years or criminal detention and a fine; or if the circumstances are serious, imprisonment of not less than three years but not more than ten years and a fine, for cases of forced labour, including cases in which the violator knowingly recruits or transports a workforce for any other person to commit the act as mentioned or otherwise assists in forcing any other person to work. The Committee requests the Government to provide information on the number of persons investigated, convicted and sentenced for cases of forced labour involving victims under the age of 18, and the penal sanctions imposed.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Beggars and street children. In its previous comment, the Committee echoed the observation of the Conference Committee on the Application of Standards that large numbers of child beggars still exist. It noted the various initiatives and policies undertaken by the Government to reach out to and provide services to street children, but nevertheless noted that the number of China’s 150,000 urban street children was growing.

The Committee notes the Government’s information concerning the activities and programmes that were implemented by various ministries from 2011 to 2013 to rescue and protect street children, as well as the information concerning efforts to educate and reintegrate these children. The Committee notes, in this respect, the Government’s reference to Act No. 158 of 2012 on the measures to assess vagrant minors’ needs, which guides the civil affairs departments and rescue agencies to render classified assistance based on prioritizing children’s rights and placing equal emphasis on protection and education. The Government indicates that, pursuant to this Act, departments and agencies provide street children with cultural and legal education, psychological counselling, legal assistance, employment assistance as well as other services, taking into account the circumstances of their family custody. The Committee further notes the Government’s reference to Act No. 166 of 2014 on the implementation of the “Pencheng Plan” – a vocational skills training project for minors with difficulties, which provides exemptions from various tuitions and education fees to street children and other minors experiencing financial difficulties and assists them in reintegrating into society. The Committee further notes the Government’s information concerning the 2013 publicity campaigns and initiatives to engage social entities in the relief and protection of street children.

The Committee further notes the Government’s statistical information, according to which, in 2013, approximately 20,000 street children returned to school and over 40,000 such children were educated and reintegrated. The Government further indicates that the Ministry of Public Security (MPS), along with civil affairs and other departments, rescued 2,291 begging children and investigated and handled 24 suspects who were involved in crimes of organizing, coercing and using children for begging, and 20 suspects were criminally detained. The Committee requests the Government to continue to provide information on the measures taken to protect street children and child beggars under the age of 18 years from hazardous work.

2. Child domestic workers. The Committee recalls its previous comment which noted that, according to the ILO document entitled “Situational Analysis of Domestic Work in China” of 2009 (ILO Situational Analysis), there were approximately 20 million domestic workers in China, which could include children aged 16 years.

The Committee notes the Government’s information concerning the activities undertaken by the MoHRSS to strengthen the implementation and supervision of laws to protect child domestic workers. The Government indicates that these activities include routine and ad hoc inspections, handling of complaints and reported cases and sanctioning employers who engage in the illegal employment of child labour. In addition, the Committee notes the Government’s statement that the younger generation is reluctant to engage in domestic service and that, so far, no case of child domestic workers has been found in labour inspections. The Committee requests the Government to indicate the monitoring methods used in labour inspections, in this respect.