ILCCR: Examination of individual case concerning Convention No. 182, Worst Forms of Child Labour, 1999 China (ratification: 2002) Published: 2007


Description:(ILCCR Individual Observation)
Convention:C182
Country:(China)
Session of the Conference:96
Document:22
Subject classification: Elimination of Child Labour
Subject classification: Children and Young Persons
Subject: Elimination of Child Labour and Protection of Children and Young Persons
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Document No. (ilolex): 132007CHN182

A Government representative referred to the written documentation already submitted to the Committee and reiterated that his Government was strongly committed to eradicating the worst forms of child labour, having made unstinting efforts to implement the Convention effectively.

Firstly, measures had been taken to improve legislation and the rule of law. The Labour Law, the Criminal Law, the Law for the Protection of Minors, the Compulsory Education Law and the Law on the Protection of Rights and Interests of Women contained specific provisions on the prohibition of child labour, including its worst forms, and stipulated penalties. In recent years, China had amended its Criminal Law by adding several provisions on the offences of child trafficking, the sale and purchase of trafficked children, and the recruitment of children for hazardous and hard labour; as well as by stipulating more severe penalties. The Regulations on the Prohibition of Child Labour had been revised. A document on issues related to rural-to-urban migrant workers had been published, with special attention being paid to the right of the children of migrant workers to equal access to education. An approach to assist and protect homeless minors was currently being drafted; the Regulations on Administration of Overseas Employment Agencies were under revision with a view to putting an end to cross-border human trafficking for labour exploitation, and the system of re-education through labour was under review. The Government was also cooperating with the ILO on the two fundamental Conventions on forced labour. Furthermore, Labour and Social Security Inspection Regulations had been promulgated and implemented; training modules for labour inspectors had been developed, and inspectors were being trained in cooperation with the United States Department of Labor and the ILO. Secondly, efforts had been made to address the root causes of child labour through poverty eradication and universal education programmes. For nearly three decades since 1979, the Chinese economy had maintained an annual growth rate of 9 per cent, reducing the population living in poverty from 250 million to 20 million. Economic growth had laid solid foundations for the elimination of child labour. In recent years, the Government had launched a programme to develop rural areas and had increased the budget for those regions, focusing on infrastructure development in health, education and transportation. As of 2006, agriculture tax was no longer levied. The disposable income of residents in rural areas had increased by a real 7.4 per cent in 2006 compared to 2005. In 2007, tuition fees covering the entire period of compulsory education had been waived in rural areas nationwide, to the benefit of around 150 million primary and secondary-school students. In addition, China provided living subsidies for students from poor families. In 2006, 7.8 million students had received such subsidies. In 2005, the national enrolment rate of primary school-age children had reached 99.15 per cent, while the junior middle school rate was 97.38 per cent.

Thirdly, action had been taken to mobilize civil society to combat child labour. While the Government had an undeniable obligation with regard to the prohibition of child labour, social partners and non-governmental organizations (NGOs) could also play an irreplaceable role. The All-China Federation of Trade Unions (ACFTU), China Enterprise Confederation, All-China Women's Federation, China Youth League and other NGOs provided strong support to the Government. Those organizations took advantage of their close connection with the population at the grassroots level, undertook publicity campaigns on laws and policies and outreach programmes for vulnerable groups, served as part-time labour inspectors and participated in targeted inspections on the ban on child labour. Those measures greatly supplemented the Government's efforts. For example, the All-China Women's Federation had implemented the ILO project on the prevention of trafficking in women and children and had undertaken such activities as education on gender equality, occupational skill training and also provided small loans, with a view to improving the living conditions of women and raising the enrolment rate of girls in poverty-stricken areas.

Fourthly, efforts had been made to strengthen education concerning the legal system, and to enhance awareness of the rule of law. The Government had placed legal education on the programme of all its departments. Public lectures, contests, posters and brochures on relevant legislation were used to raise the awareness of businesses so that they would comply with the law, and raise the awareness of the public so that it could protect itself through the law. Efforts to combat child labour, in particular in its worst forms, had always been an important component of those education programmes.

The Government representative recognized that, despite the ardent efforts and the significant progress achieved, China was the most populous developing country at a relatively low level of economic development, with broad regional disparities and a society undergoing change. Consequently, child labour still existed in a small number of enterprises and individual businesses, sometimes in its worst forms. The Government was firmly committed to combating child labour. Once child labour was identified, those responsible would be punished severely without delay.

In conclusion, China was making significant strides towards modernization, and had, along the way, encountered difficulties and problems, some of which had been resolved. Many issues were yet to be addressed and difficult to tackle but efforts were being made nonetheless. In recent years, China had put forward the Scientific Outlook on Development aimed at building a harmonious society, which emphasized balance and coordination between economic growth and social progress, between rural and urban development as well as development between different regions. The concept sought to put people first in order to realize development by the people, for the people, with the ensuing benefits being shared among the people. With regard to efforts to combat child labour, the Government representative assured the Committee that continued efforts would be made to improve legislation further, to strengthen compliance and to implement effective measures. China stood ready to boost its cooperation with the ILO and the tripartite members of the Organization, to learn lessons and to share experiences in order to further improve its work. The Government representative called for joint efforts to attain the ultimate goal of eliminating child labour.

The Employer members welcomed the Government's commitment to eradicating child labour and to striving towards universal education for all children, as well as its willingness to cooperate with the ILO and the international community on the matter. They recalled the Committee of Experts' comments that although national legislation appeared to prohibit the sale and trafficking of children aged under 18, trafficking for labour and sexual exploitation remained a concern in practice. China continued to be a source, transit and destination country for trafficking in children for sexual exploitation and the entertainment industry. However, they found it significant that the Committee of Experts had also noted a number of measures taken by the Government to combat trafficking in children in coordination with the social partners and in close cooperation with the ILO. Those included public education campaigns and conferences on human trafficking, making combating trafficking a top priority for the Public Security Department, and training police officers working at different levels to combat trafficking in children. The Employer members also specifically noted the measures taken by the Government regarding international cooperation and commended the Government on its steps to prevent trafficking in children for labour and sexual exploitation and on the important progress achieved. They hoped that the Government would continue to develop measures in that area.

With regard to forced child labour, the Employer members noted that the Committee of Experts had observed that despite the prohibition of forced labour under national legislation, a number of work-study programmes continued to exist, such as "diligent work and economical study" for children aged between 12 and 17, and "re-education through labour" for children aged over 16. Although the Government had explained that those programmes applied to children who had committed offences requiring criminal punishment and that the system was currently under review, the Employer members were concerned by the situation of children performing forced labour either in work-study programmes or as part of re-educational and informative measures. They reminded the Government that forced child labour was considered one of the worst forms of child labour, and requested the Government to take measures to ensure that children were never subjected to forced labour.

With regard to labour inspection, the Employer members noted that the Government had adopted regulations expanding the authority of the labour inspectorates to enforce the law. They were pleased to learn that the Government had increased the human and financial resources allocated to the labour inspectorates and commended the Government for working with the ILO regarding training for labour inspectors. They encouraged the Government to continue implementing those positive measures.

Lastly, with regard to homeless children, the Employer members noted that the Committee of Experts had observed that there was a significant number of child beggars and noted with interest the measures described by the Government to address the situation. Recognizing the complexity of the problem, they encouraged the Government to continue its efforts to protect homeless children and child beggars from the worst forms of child labour.

The Worker members welcomed China's ratification of Conventions Nos 182 and 138, since it was a significant statement of commitment to the international community and the ILO. Bringing a quarter of the world's children under that ambit marked significant progress in the shared campaign to eliminate child labour, particularly its worst forms. The Worker members, the International Trade Union Confederation (ITUC) and the Global March Against Child Labour had previously stressed the need to understand and pursue the holistic relationship between Conventions No. 182 and No. 138, the achievement of universal education, and decent work for adults. Experience told that a holistic approach by governments and social partners promoted greater, more rapid and more sustainable progress.

The education legislation passed by the State Council and the ratification of Convention No. 138 with a minimum age of 16 indicated that the Chinese authorities agreed that the elimination of child labour required the provision of universal, compulsory and formal public education up to the minimum age for employment. Additional resources were welcomed, but more needed to be done to ensure quality education for all, to remove the need for schools to raise funds by ensuring income-raising labour from their pupils and to fulfil the requirements of Convention No. 182.

Given the size of China, it was unsurprising that it should be a source of internally and externally trafficked workers. Though trafficking was a subset of forced labour rather than migration, movement of people and the risk of trafficking were related. Recent internal migration in China was the largest in human history. In 2005, there were 140 million migrants, with 40 million in Guangdong Province alone. With such rapid economic and demographic change, the trafficking challenge had grown. Chinese workers were also being trafficked internationally. Deficits in domestic decent work caused them to take great risks in seeking work abroad, meaning that they could fall victim to traffickers.

The Worker members recalled the deaths of more than 50 trafficked shellfish-pickers in the United Kingdom and the ensuing outpouring of anger and sympathy, which had led trade unions and food retail companies to campaign successfully for new legislation regulating "gangmasters" - irregular labour contractors - in the agricultural sector. China should also regulate informal labour brokers who facilitate trafficking and employment. The ratification of the Private Employment Agencies Convention, 1997 (No. 181), would assist in that matter. Furthermore, official Chinese labour offices were costly and offered work which demanded high levels of skills and education, meaning that children with low levels of education - among them the most disadvantaged and excluded - were likely to find work through unregulated labour brokers.

The Worker members welcomed the authorities' recognition that trafficking was a serious challenge requiring an effective and coherent response. The information supplied indicated the crucial understanding that trafficking - characterized by deception and coercion - of women and children gave rise to forced labour. Chinese law defined trafficking of children as abduction for adoption and forced marriage. There was also the de facto recognition that abduction could result in sexual exploitation. The authorities could, however, take more coherent action if the legislation itself clearly reflected a comprehensive understanding of trafficking for labour and sexual exploitation. In the spirit of constructive debate and the Government's commitment to eliminating trafficking of all children aged under 18, both male and female, the Worker members urged the drafting of comprehensive, consolidated legislation, calling on ILO technical assistance if necessary. They urged the Government to study and ratify the Protocol to prevent, suppress and punish trafficking in persons, especially women and children (the Palermo Protocol) and to examine the new European Convention on Action against Trafficking in Human Beings, which stressed the rights of victims. Given the commitment that they heard, that course of action appeared logical. A further logical course of action would be to ratify Conventions Nos 29 and 105, and the Worker members urged the Government to move rapidly on that matter.

There was some existing and developing good practice. Educational material was being produced to warn children and young migrant workers of the risks of trafficking and to inform them about how to stay safe. They were currently being used in pilot schemes, but mainstreaming them would be highly advantageous. The Worker members requested that the Government supply information about the extent to which such information was being made available to children who had dropped out of the educational system, as they were at greater risk, and to children from ethnic minorities and other socially excluded communities. Education, movement, housing, discrimination and exploitation all required action.

The Worker members welcomed projects under way to combat trafficking and to protect migrant workers, such as the Pan-River Delta Regional Women Development Cooperation Framework and a project on preventing trafficking in girls and young women for labour exploitation. They asked the Government to provide further and more detailed information about implementation and results of those projects. They noted the important role of the All-China Women's Federation and the ILO, as well as the role for the All-China Federation of Trade Unions spelled out in the State Council Directive on Trafficking.

Law enforcement, particularly concerning trafficking, also required effective inter-agency cooperation between the various public authorities. The education system, the police, the labour ministry, labour inspectors, social and health services, social protection, public housing and the transport network all had roles to play in disseminating information, detecting trafficking, protecting victims and prosecuting offenders. The Worker members insisted, however, that the death penalty was incompatible with international law prohibiting cruel and unusual punishment.

While reports indicated political will in central government in tackling trafficking, evidence reflected a lack of local enforcement. The Worker members were deeply concerned by reports of poor local enforcement and collusion between local authorities, the police and bar and nightclub owners in the recruitment of Tibetan sex workers. Additional information supplied by the Government reported information on combating the trafficking of Tibetan women and girls, but more detailed evidence was required. The Government should collate and provide clear statistics and information. The agreement on Labour Cooperation among the Labour and Social Security Departments of nine provinces and regions within the Pan-Pearl River Delta called for the building of labour market information networks and the collation and analysis of regional labour market information. The Worker members asked the Government to supply the Committee of Experts with the detailed labour statistics arising from those endeavours.

Inter-agency cooperation also required a strengthened, gender-balanced and child-friendly labour inspectorate. The Worker members welcomed the expanded authority of the labour inspectorate under 2004 regulations, the cooperation between the Labour Ministry and the United States Department of Labor in developing training materials, as well as the ILO training workshops, which they hoped would continue and spread. They recommended that the Chinese authorities consider the conclusions of the ILO meetings of experts on labour inspection and child labour. The labour inspectorate required increased capacity and access to all workplaces, including in the informal economy, where trafficked children were more likely to work. If legislation was required to enable such a step, it should be enacted.

Developing coherent public policy required qualitative and quantitative research. The report to the Committee of Experts was rather general and would be insufficient for forging such policy and for easily identifying where intervention was required or where ILO assistance could be of greater assistance. There was a need to go beyond averages and generalizations and, alongside broad national legislation and social policies, to focus delivery on specific areas, sectors and subgroups where the prevalence and risk of trafficking was greatest. The Worker members welcomed the additional information on efforts to protect homeless minors and child beggars.

Turning to re-education through labour, the Worker members noted that school-run factories operated in work-study schools under the "Diligent Work and Economical Study" programme. In violation of the Convention, children sent to those facilities without due process were detained and required to perform at least 12 hours' labour per week. The international trade union and child rights movements had deep concerns over those procedures, not least that most girls had been detained for sexual offences. Many had been confined for having underage but consensual sex, but girls were punished for such behaviour more than boys. Girls who were victims of sexual exploitation could also be subject to that regime, violating the principle that victims must be protected. Given that they were punished without due process and by forced labour, the Worker members noted significant incompatibility with the Convention and the rights of the child: gender discrimination, no due process, forced labour and victimization - not by private exploiters, but by the State itself.

With regard to re-education through labour camps, the Worker members noted a typographical error that had appeared in the report by the ITUC and, as a consequence, in the Committee of Experts' report. It referred to the power of local security bureaux to send children aged 13-16 to custody and re-education programmes "with" recourse to the criminal justice system, when it should have read "without" recourse to the criminal justice system. This was an example of summary punishment and children were also sent to those camps without due process. Forced labour of children violated the Convention, and in addition the Worker members asked why children were being detained without the right to fair legal proceedings and defence.

The Worker members had received contradictory information about whether children could be sent to re-education programmes. Even if it were the case that children aged under 16 could not be sent to such camps, the Government had informed the Committee that children aged 16 and 17 could in fact be sent there, thus violating the Convention, which defined a child as any person aged under 18 and prohibited all types of forced labour for children. Therefore, China was not in compliance with Convention No. 182 or with the United Nations Convention on the Rights of the Child. That non-compliance should be resolved as a matter of urgency.

There was a further system in which schoolchildren were forced to work to make up school budgets. That included factory and agricultural work, for example, with arduous long hours picking cotton, quotas to be filled and fines for missed targets. The Worker members further recalled the fatal explosion in a school where children were producing fireworks. British-based companies sourcing glass Christmas ornaments from Xanxi had discovered child labour in their production chains. In conjunction with the trade union organizations in the Ethical Trading Initiative, they were supporting remediation and transfer of those children back into education. Multinational enterprises needed to examine the capacity of the local adult labour market before they placed contractual demands in communities where they would be filled only with recourse to - possibly hazardous - child labour.

Despite the common ground and good will, and although discussion was under way in China, there was a need to enter into deeper discussion in the ILO forum about re-education through labour. The Worker members had received contradictory information about the subjection of children to forced labour under the various strands of that policy. They noted the findings of the Committee on Economic, Social and Cultural Rights that "Diligent Work and Economical Study" programmes constituted exploitative child labour in breach of Convention No. 182, and the Committee's encouragement to China to withdraw the programme. They further noted its grave concern at the use of forced labour as a corrective measure, without due process, under the re-education through labour programme.

The decisions governing re-education through labour dated from 1957. As China leapt forward in economic growth and surged ahead as a pillar of the global economy, it needed modern legislation, modern social policy and modern industrial relations that were compatible with international law in order to enable it to achieve its aim of a balanced and prosperous society. The Worker members recognized that entering into a debate on reform meant recognizing that a problem existed and needed to be solved. They expressed the belief that such recognition was a sign of strength, rather than weakness, since it demonstrated a willingness to embrace change and progress. Therefore, they urged the Chinese authorities to continue dialogue at the highest level with the ILO and other relevant United Nations agencies in order to find a way to dismantle the re-education through labour system, which was already under review.

The Worker members echoed the Committee of Experts' request for further information about the implementation of the Global Education for All Campaign and the ILO Mekong Delta Trafficking project.

The Worker members hoped that they had demonstrated the international community's willingness to help China - through support and constructive criticism - to attain the goal of full compliance with Convention No. 182.

The Worker member of China stated that Chinese trade unions strongly opposed any form of child labour, particularly its worst forms. Together with other social partners, they had vigorously lobbied for the ratification of the Convention by China. Since ratification, Chinese trade unions had taken numerous measures to promote its implementation. For example, Chinese trade unions had assisted the National People's Congress in launching a nationwide inspection on the enforcement of the Regulations on the Prohibition of the Employment of Child Labour from July to August 2005. They had also participated in the ILO programmes on combating trafficking. China had established a sound legal framework for eliminating child labour, which was consistent with the provisions of the relevant Conventions. However, in reality the use of child labour had still not been completely eliminated. This was largely due to the fact that, despite economic growth, poverty remained a problem in China. In addition, some companies were solely driven by profits and resorted to child labour. Furthermore, China's labour inspection needed to be strengthened. The speaker suggested that China should take action to bring about economic development and reduce poverty. In addition, legal education and raising legal awareness among the public should be provided and labour inspection should be reinforced. The Chinese trade unions urged the Government to take effective measures, and make concerted efforts, together with the social partners, to eliminate the worst forms of child labour.

The Employer member of China stated that the Government had made outstanding achievements in improving the labour environment and eradicating child labour. China was promoting economic and social development in a comprehensive and coordinated way by adopting the concept of scientific development in which a people-oriented approach was key. With the improvement of relevant labour laws and regulations, awareness of the need to respect and protect workers had been widely increased, and the environment for eradicating child labour and realizing decent work was maturing. He stressed that most Chinese employers complied with child labour legislation. However, China remained a developing country and its society and economy was developing in an unbalanced way with variations between employers in the level of awareness of child labour. While recognizing that child labour existed in China, he underlined that employers in general were strongly opposed to it. In conclusion, he called upon employers to comply with child labour legislation, to motivate their business partners not to use child labour and to fulfil their social responsibilities. His organization wished to work closely with the ILO and other social partners to eradicate child labour and to provide children with a better environment and education in order to help them to become the driving force behind the country's development.

The Worker member of Senegal noted that the systematic degrading of women in Chinese society ultimately resulted in China being a source and destination country for the trafficking of women and children for commercial and sexual exploitation, with the main developed countries in Europe and North America as the primary destination. The ineffectiveness of repressive action led to a constant increase in trafficking. The absence of local measures virtually destroyed all efforts made by the Government to put an end to the scourge, and national legislation did not provide for the necessary sanctions to punish traffickers and their accomplices. Furthermore, families needed to possess the necessary means to assume their parental role, and the labour inspection needed to have at its disposal the means required to discharge its duty. In substance, the Government had to continue striving to combat the problem, since a harsh economic climate could increase poverty and thus aggravate the risk of the emergence of the worst forms of child labour. Ratification of Convention No. 29 would, without a doubt, enable the legal system in place to be strengthened.

The Worker member of France stated that one of the problems concerning the application of the Convention by China was that of forced labour in schools. The fact that children were subject to labour, particularly forced labour, within the very institution that should keep them safe, was, at the very least, paradoxical. Numerous sources testified that some schools forced their pupils to undertake paid productive activities and claimed to assist the children in developing new "skills". Unfortunately, in most cases, the tasks undertaken were not only far from educational, but in fact arduous and often dangerous.

In 2001, the explosion of a school in Wanzai county, Jiangxi Province, which had become known as the "fireworks capital", perfectly illustrated that issue. Sixty pupils, aged from 8 to 9, and three teachers died. Despite protests by parents, the children were required to make fireworks, without pay, and families even risked being fined if their children refused. In the autonomous Uighur province of Xinjiang, classes were interrupted every year at the same time and pupils were sent to pick cotton. The activity was an official part of the "work-study" programme, but the children were required to fulfil a certain level of productivity at the risk of a fine, sleep in dormitories for six weeks and work from 7 a.m. to nightfall. with a 30 minute lunch break. Some 100,000 pupils in the province participated.

Each year, girls fell victim to sexual assaults during the harvesting and children were victims of accidents, particularly relating to tractors, which they were authorized to drive. Thus, not only did schools compel their pupils to undertake forced labour, but they required them to carry out dangerous work, which was a gross violation of Article 3(d) of Convention No. 182. Requiring children to work was a means for schools to raise additional funds to cover their expenditure and finance materials and teaching. According to the last United Nations Development Programme Report on Human Development in China, the country earmarked only 3.4 per cent of its GDP for education, which was much lower than the international average. Lacking financial resources, schools needed to find solutions. Other than child labour, they implemented enrolment fee systems which could prove prohibitive, thereby contributing to excluding children from already marginalized families from the education system. The administration and funding of primary schools were within the purview of the local authorities. It appeared that the smaller a region's resources, the higher the education fees and the greater the recourse to forced labour in schools. Therefore, children from the poorest regions were most likely to be compelled to work. China had indeed made considerable progress in education. Between 1964 and 2000, the illiteracy rate had fallen from 52 to 9 per cent. Such progress was commendable, but its impact would remain limited as long as the unacceptable practice of forced labour in schools continued. Additional information on the financial assistance that was supplied for schooling and regarding the 98 per cent of primary school-age children attending school would be welcomed. School was, by definition, the place which should protect children from forced labour, the institution which should enable them to later have access to decent and dignified work. It should give them the keys to their freedom and their future. Forced labour in schools should therefore be entirely prohibited. To achieve that aim, the Government should forge an ambitious and coherent education policy so that schools no longer needed to seek, through any means, additional financing, and also to reduce inequality in access to education.

The Worker member of Germany expressed her concern that despite some progress in respect of the application of the Convention, there were still serious forms of forced child labour in China - either by "work-study schools", labour camp re-education programmes or "custody and education".

The work-study schools were, in reality, in certain instances school-run factories, which could lead to the exploitation of child labour. In "re-education through labour" camps, children had scant safeguards against overwork as well as dangerous working conditions. In school-related and contracted work programmes, children were exploited by heavy work in labour-intensive unskilled jobs in rural areas of handicrafts, firework assembly, cotton harvesting or small-scale industry. Children forced to stay at work-study schools had scant education and training and were vulnerable to dangerous and poor working conditions and serious accidents. Young girls also suffered sexual abuse. Those forms of child labour severely breached the Convention. The speaker therefore called on the Government to withdraw the programmes and ensure through legislation, practice and adequate labour inspection that children and young people aged under 18 were not forced to work, either through re-educational or reformative measures in schools.

She also reminded the Government of the conclusions of the Governing Body at its 293rd Session in respect of Case No. 2189 of the Committee on Freedom of Association regarding China "that the subjection of workers to the education through labour system without any court judgement is a form of administrative detention which constitutes a clear infringement of basic human rights ...". In the recommendations of that case, the Government was requested to refrain in future from applying the measure of re-education through labour which constituted forced labour. What was recommended by the ILO Governing Body for the respect of human rights and trade union rights at large was even more valid with respect to the particular case of abolishing forced labour for children in line with Convention No. 182.

The Worker member of the United States considered efforts to combat and eradicate child labour, including its worst forms, to be fundamental and a founding principle of the ILO. The failure to fully investigate and divulge the prevalence of the worst forms of child labour in China meant that the problem had remained hidden from much of the public opinion worldwide, including in the United States. He pointed to the seriousness of the problem by highlighting the examples of the millions of school-age children working in the low-cost manufacturing industry and the kidnapping and trafficking of children from southern China's coastal region to undertake hazardous work in the cities.

Turning to the root causes of two specific forms of child labour, he stressed that Chinese children would continue to be victims of the sex and drug trade and be involved in work detrimental to their health, safety and morals as long as certain social, structural and public policy conditions persisted. He mentioned in that regard the deterioration of decent work for the adult population, especially in southern coastal industrial areas, due to pressure from the Government and multinational companies, including from the United States, for ever cheaper labour costs, and the privatization of fees for public schooling. The UN Special Rapporteur on the Right to Education had, however, found in 2003 that the privatization of fees for public schooling compelled parents to pay for nearly 50 per cent of schooling costs amounting to at least a month's pay per term. Those rising costs made education inaccessible to many Chinese children, driving them into the labour force and making them vulnerable to forms of child labour in violation of Convention No. 182. He welcomed the fact that the Government had waived the education fees for children but insisted that the situation should be monitored to determine whether progress had been achieved.

In conclusion, he supported the recommendations of the Committee of Experts for a more effective enforcement of the measures against trafficking, a heightened prosecution of those responsible for kidnapping and trafficking children, an enhanced inspection capacity for the Chinese authorities and a better protection for child beggars and homeless children. However, if the lack of decent employment for millions of parents and the lack of a sustainable educational system persisted, the Conference Committee as well as the Committee of Experts would be obliged to review the case for many years to come.

The Government representative thanked the Employer and Worker members, as well as the other members of the Committee, for their positive remarks and encouragement on the efforts his Government had made and progress achieved. He also thanked them for their understanding with regard to the challenges and difficulties confronting China and for their advice and suggestions on making progress. However, on the issue of forced child labour he indicated that there was a misunderstanding regarding the nature of work that was carried out in the context of the education system. The work-study schools and the re-education through labour programmes should not be considered as forced labour. Nevertheless, he reassured the Committee that his Government remained committed to fully implementing Convention No 182, and that it would continue its efforts to develop the economy, eradicate poverty and ensure access to compulsory education, as well as to enhance and enforce the legislation on child labour, particularly its worst forms. His Government was ready to cooperate with the Office and the tripartite members of the ILO in the global endeavour to end child labour. It was also determined to face the challenges and difficulties and was fully confident of achieving greater progress.

The Employer members welcomed the Government's commitment in cooperating with the workers' and employers' organizations and the ILO in eradicating the worst forms of child labour. The Government should continue to take measures to apply the Convention in law and in practice, to monitor their impact, and to report to the Committee of Experts.

The Worker members noted that progress had been made, particularly in the Government's campaign against trafficking, but felt that more remained to be done and a broader, more effective campaign could be constructed. They further noted areas of continuing and serious non-compliance, such as hazardous work and forced labour for children. Therefore, they repeated their calls for coherent national legislation and more effective law enforcement; strengthened and effective inter-agency cooperation; inspectors active in their international organization; effective, child-friendly action at the local level; resources to ensure free, compulsory, full-time education for all children delivered as a quality public service and up to the minimum age of entry into employment; study and ratification of the Palermo Protocol; ratification of Conventions Nos 29, 105, 181 and regulation of informal labour brokers; an end to re-education through labour and the forced labour of children that it entails; collation and publication of disaggregated statistics on child labour and its worst forms, and their delivery to the ILO; and continued international cooperation by and for China and the country's children. The Worker members urged China to make a move in that direction, and welcomed indications from the Government to further progress towards compliance.

The Worker members further urged multinational enterprises to take responsibility for labour practices in their supply chains in China and not to pursue business practices which fostered child labour, but instead to promote decent work for adults, as well as contributing to programmes ensuring that all children were safe at school. They also noted that greater freedom of association and collective bargaining would further empower Chinese workers and make a greater contribution in that field.

Lastly, they called upon all involved to place the rights of the child at the heart of their policies and actions and to listen to children, their families and communities in forging effective and child-friendly policies to ensure full conformity with the Convention.

Conclusions

The Committee took note of the detailed written and oral information provided by the Government representative as well as the discussion that took place thereafter. The Committee noted that the report of the Committee of Experts referred to comments from the International Trade Union Confederation relating to the sale and trafficking of children for economic and sexual exploitation, forced child labour, child beggars, and the need to strengthen labour inspection.

The Committee noted the detailed information provided by the Government outlining the comprehensive measures taken, in collaboration with the social partners, to combat the trafficking of children. These measures included the publication of educational materials on the risks of trafficking, and numerous public education campaigns and conferences regarding the prevention of trafficking, the training of police on anti-trafficking measures, as well as collaboration with several other Governments on the investigation and prosecution of traffickers.

The Committee welcomed the policies and action programmes put in place by the Government, as well as the progress achieved by it to combat the trafficking of children, and encouraged it to continue its efforts in this regard. In order to promote such enhanced efforts, the Committee encouraged the Government to develop comprehensive and consolidated legislation prohibiting trafficking.

Concerning the issue of forced child labour at work-study schools and forced child labour in re-education through labour camps, the Committee noted the Government's indication that such practices were currently being reviewed by the Government. The Committee also noted the concern expressed by several speakers about the situation of children under 18 performing forced labour either in work-study programmes, as part of re-educational and reformative measures or through school-related work programmes. The Committee emphasized the seriousness of such violations of Convention No. 182 and urged the Government to take measures, as a matter of urgency, to ensure that children were not subjected to forced labour in any situation and to provide information on developments in this respect in its next report to the Committee of Experts. In this regard, the Committee encouraged the Government to continue discussions with a view to ratifying Conventions Nos 29 and 105.

While noting that the Government had taken certain measures to protect child beggars, including the establishment of in-house assistance centres to provide such children with free accommodation, food, communication and medical care, the Committee observed that large numbers of child beggars still existed and requested the Government to continue its efforts to protect homeless children and child beggars from the worst forms of child labour.

While noting the Government's strong commitment to implement the Convention, the Committee underlined the importance of free, universal and compulsory formal education in preventing the worst forms of child labour. The Committee invited the Government to take the necessary measures to ensure access to free basic education for both boys and girls, especially in rural or particularly disadvantaged areas.

Finally, the Committee noted with interest that the Government had expanded the authority of labour inspectorates in enforcing the law and had increased both human and financial resources to labour inspectorates. It requested the Government to ensure that regular visits, including unannounced visits, were carried out by the labour inspectorate and that persons who infringed Convention No. 182 were prosecuted and that sufficiently effective and dissuasive penalties were imposed. It therefore urged the Government to strengthen the capacity and reach of the labour inspectorate.

The Committee requested the Government to supply, in its next report to the Committee of Experts, detailed information on the measures to ensure the effective implementation and enforcement of the provisions giving effect to Convention No. 182. That information should include disaggregated statistical data on infringements reported, investigations, prosecutions, convictions and penal sanctions applied.
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