Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that, by virtue of section 12 of the Military Service Law of 1984, male citizens aged 18 years are enlisted for active service. It had noted, however, that, by virtue of same section 12, male citizens under 18 may enrol in the armed forces on a voluntary basis and, by virtue of section 30, military institutes and academies may enrol cadets from among young students whose age limit may not be the same as that for the servicemen to be enlisted. The Committee had asked the Government to indicate whether those enrolled under sections 12 and 30 of the Military Service Law and who are under 18 years can be forced to take part in armed conflict. The Committee notes the Government’s information that persons who enter the military service according to sections 12 and 30 of the Military Service Law and who have not reached the age of 18 will not be forced to take part in armed conflicts. The Committee takes due note of this information.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously asked the Government to confirm that the use, procuring or offering of both girls and boys under 18 years for the production of pornography or pornographic performances is prohibited under section 363 of the Criminal Law, which prohibits the production, reproduction, publication, sale or dissemination of obscene materials for the purpose of making profits. The Committee notes the Government’s information that sections 363, 364 and 365 of the Criminal Law also punish whoever arranges for pornographic performances. The Government adds that all acts to be pursued for criminal liability according to sections 363, 364 and 365 of the Criminal Law include situations where the criminals use, recruit or offer the minor under 18 years for the production of pornographic material or put on pornographic performances. In addition, the latter situation shall be fully taken into account in giving the criminals heavier punishments.

Article 3, clause (d), and Article 4. Hazardous work. 1. Self-employed children. The Committee had previously requested the Government to provide information on the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature and the circumstances in which it is carried out, is likely to harm their health, safety and morals. The Committee notes the Government’s information that China does not have specific legislation for self-employed adolescent workers of 16-18 years of age. Article 2 of the Regulations on the protection of adolescent workers stipulates that the term “adolescent worker” refers to workers who have reached the age of 16 but under the age of 18. The Committee notes the Government’s statement that the self-employed adolescent workers are not explicitly excluded in this definition.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s information that the Chinese Government has taken a number of measures to eliminate the worst forms of child labour. These measures include: (a) combating, preventing and controlling prostitution, especially with regard to girls under the age of 14; (b) combating the criminal activities that make use of the Internet, such as selling or disseminating pornographic material or organizing pornographic performances (in 2005 1,442 pornographic domestic web sites were closed, 3,480 external web sites blocked and 24,000 indecent web pages deleted); (c) awareness-raising activities aimed at parents and children; and (d) implementation of the “eight measures” issued by the Ministry of Public Security for the public security organs aimed at maintaining order and combating criminal activities in the vicinities of schools and kindergartens. The Committee requests the Government to continue providing information on the implementation of these measures and on any relevant impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously noted that the Criminal Law provides for sufficiently effective and dissuasive penalties of imprisonment for most offences related to the Convention. It had noted that, by virtue of section 244(a) of the Criminal Code as amended in 2002, whoever employs minors under the age of 16 years in strenuous or hazardous work is liable to a maximum of three years’ imprisonment and a fine. Whereas a person who employs a child under 18 in violation of the relevant labour provisions prohibiting the employment of children under 18 years in hazardous work is liable to a maximum fine of 3,000 yuan RMB for each child employed in violation of the relevant legal provisions (section 12 of the ministerial Regulation on the issuance of the measures of administrative punishment in violation of the labour law). The Committee had encouraged the Government to extend the penalties applicable for the violation of the prohibition to employ children under 16 years in hazardous work to those violating the prohibition on employing children aged 16 to 18 in hazardous occupations. The Committee notes the Government’s information that section 244 of the Criminal Law punishes by penalty of imprisonment of more than three years, but not more than seven years, the employer who, in a particular serious situation, engages a person under 16 years in hazardous work. It reminds the Government that, by virtue of Article 7, paragraph 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 sanctions. It requests the Government to provide information on the measures taken to ensure that persons who employ children under 18 years in the worst forms of child labour, especially in hazardous work, are prosecuted and that sufficiently effective and dissuasive penalties are imposed. In this regard, it asks the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child domestic workers. The Committee notes the absence of information on this point in the Government’s report. It requests once again the Government to provide information on the concrete measures taken to identify the number of child domestic workers and their working conditions. It also once again requests the Government to provide information on the measures taken or envisaged to protect child domestic workers from hazardous work.

Part V of the report form. The Committee requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.