Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Plan of Action against Human Trafficking 2021–2030. The Committee notes the Government’s information in its report that the General Office of the State Council issued China’s Plan of Action against Human Trafficking 2021-2030. This plan of action aims to establish a work pattern featuring government responsibility, inter-departmental coordination, social synergy, citizen participation, and optimization of a long-term mechanism against human trafficking that integrates prevention, combating, assistance and rehabilitation. The Committee requests the Government to provide information on the measures taken within the framework of the Plan of Action against Human Trafficking 2021-2030 to prevent and combat the trafficking of children under 18 years and the results achieved.

2. Commercial sexual exploitation of children. The Committee previously noted the Government’s indication that child victims of prostitution aged 14 to 18 years are reintegrated into education and that the Government collaborated with educational departments and women’s federations to raise awareness and promote the smooth reintegration of these children. The Committee requested the Government to provide information on the programmatic measures taken to combat the use, procuring or offering of children, including boys, for the purpose of prostitution, pornography or pornographic performances.

The Committee notes the Government’s information that the Child Development Outline of China for 2011-2020 specifies strategies and measures that include strengthening the comprehensive management of social security to severely crack down on criminal acts involving children as well as using, organising or luring children to commit crimes, including prostitution. It also notes that the Cyberspace Administration of China, the Ministry of Culture and Tourism and the National Radio and Television Administration jointly issued the Administrative Provisions on Online Audio-visual Information Services (No.3 of 2019), and the Guiding Opinions on Strengthening the Standardized Management of Webcasting (No.3/2021). The former prohibits the use, by organization or individuals, of online audio and video information services and related information technology to engage in activities prohibited by laws and regulations, including the production, publication and dissemination of pornography. The latter, stipulates that the network anchors shall not engage in activities prohibited by laws and regulations such as spreading obscene and pornographic information and online live streaming platforms by minors. The Committee requests the Government to continue providing information on the measures taken to combat the use, procuring or offering of children for the purpose of prostitution, pornography or pornographic performances and their impact.

Article 7(1). Penalties. Forced labour. The Committee previously noted that section 244 of the Criminal Law establishes penalties 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 perpetrator 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 notes the Government’s statement that the number of forced labour cases involving minors has continued to be low. According to the Government’s report, from June 2017 to May 2021, the procuratorial organs nationwide approved the arrest of six persons in six cases of forced labour involving minors and initiated public prosecutions against 23 persons. The Committee also notes the Government’s reference to a case related to organising and controlling minors to conduct illegal activities through restricting their freedom, beating and coercion, in which the five accused were convicted and sentenced to - imprisonment ranging from one to six years and fines from CNY5000 (approximately USD780) to CNY50,000. The Committee requests the Government to pursue it efforts to ensure that thorough investigations and prosecutions are carried out against persons who engage children under the age of 18 years in forced labour and that sufficiently effective and dissuasive sanctions are imposed. It also requests the Government to continue providing information on the number of persons investigated, convicted and sentenced as well as the penal sanctions imposed in this regard.

Article 7(2). Effective and time-bound measures. Clause (d) Identifying and reaching out to children at special risk. 1. Street children and children involved in begging. The Committee previously noted the Government’s information concerning the implementation of a special programme to help street children to return to school which resulted in 16,500 children receiving assistance in 2016. It also noted that a series of normative documents were formulated to further strengthen police presence and improve the procedures of rescue, assistance and special services to street children.

The Committee notes the Government’s information that State Council approved the establishment of an inter-ministerial joint conference system for the relief and management of vagrants and beggars, to strengthen coordination among various departments. The Government indicates that there are 1,556 relief agencies for vagrants and beggars nationwide, which provide minors with services and protective measures, conduct psychological counselling and needs assessment, and assist in providing compulsory education, alternative education and other services. According to the Government’s report, from 2017 to 2020, assistance was provided to 278,000 vagrant minors thereby ensuring their personal safety and legitimate rights and interests. In addition, more than 8,000 vagrant minors whose identity could not be ascertained were assisted in returning to their families. The Committee further notes the Government’s detailed information on the establishment of various policies and mechanisms to identify possible cases of trafficking of vagrants and beggars and to help them return home. Furthermore, in the context of the COVID-19 pandemic, ten departments, including several ministries and organisations, countersigned the Opinions on the Relief and Protection of Minors Lacking Custody Due to Emergencies (MINFA No.5/2021) to ensure the necessary life care measures for minors lacking custody or who have fallen into difficulties due to the impact of unexpected events. The Committee requests the Government to continue its efforts to protect street children and children involved in begging and to provide information on the measures taken in this regard and on the number of children rescued and provided with assistance.

2. Child domestic workers. The Committee previously 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 from the age of 16 years. The Committee noted the Government’s information concerning the activities undertaken by the Ministry of Human Resources and Social Security to strengthen the implementation and supervision of laws to protect child domestic workers. The Committee requested the Government to provide information on the detection of any cases of child domestic workers.

The Committee notes the Government’s information that in the course of supervision and law enforcement, human resources and social security departments at all levels did not find any illegal acts involving the use of child labour in domestic services. The Committee requests the Government to continue to monitor the implementation and supervision of laws protecting child domestic workers and to provide information in this regard.