Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Minimum Age Convention, 1973 (No. 138) - China (Ratification: 1999)

The Committee notes the Government’s report and the communication of the International Trade Union Confederation (ITUC) dated 1 September 2010.

Article 2(3) of the Convention. 1. Compulsory schooling. The Committee previously noted that the law fails to guarantee funding for compulsory education, thus forcing or allowing many schools, particularly in rural regions, to collect tuition and other fees. However, the Committee noted that in 2007, the State Council made more funds available for rural compulsory schooling including providing tuition to all rural students of compulsory school age and increased subsidies to boarding school students from poor rural families. The Committee also noted that the Compulsory Education Law states that no miscellaneous fees should be charged for compulsory education and that the State Education Inspection and Supervision Group is responsible for monitoring the enforcement of the Law. The Committee noted that these measures resulted in a rise in the level of universal education across the country. However, the Committee noted the information in the UNESCO Education for All: Global Monitoring Report of 2008 that a well-structured inspection system on quality education was still in the early stages of development (2008/ED/EFA/MRT/PI/82, page 8).

The Committee notes the information in the communication submitted by the ITUC of 1 September 2010 which indicates that, in March 2010, a new ten-year reform plan for the overhaul and improvement of the education system began. Nonetheless, the ITUC states that, according to statistics from the China Education and Research Network, the number of overall primary schools has decreased, as has enrolment at both the primary and secondary levels. The ITUC also refers to UNICEF figures indicating that approximately 1 million children drop out of school each year due to poverty (particularly ethnic minorities and girls) and that two-thirds of non-enrolled school-age children in China are females. The ITUC states that girls are the first to drop out when economic pressures affect their families, and that girls are more often found to be working in factories. The ITUC indicates that the increase in drop-outs, and the corresponding increase in child workers, are due to increasing school fees. The ITUC’s allegations reference cases where children were brought to work in factories by their parents in order to pay for their school fees.

The Committee also notes the information contained in the Government’s report that the net entrance rate for primary school has increased to 99.54 per cent. The Government also indicates that since the autumn 2008 semester, urban students have been exempted from tuition and incidental fees for compulsory education, similar to the programme operating in rural areas. Students whose families are entitled to minimum living standards are given free textbooks and boarding school students receive livelihood subsidies. The Government further indicates that the balanced development of compulsory education within regions is a strategic focus for the Government that it aims to achieve by 2020. In this regard, the Committee notes that in 2010, the Government issued the “National Mid- and Long-Term Reform on Education and Development Programme
(2010–20)”, which includes specific compulsory education targets, measures to increase the guaranteed level of resource funds and initiatives to raise the quality of education at all levels. In addition, the Government indicates that various local governments have taken steps to improve access to education in rural areas, such as increasing the infrastructure of rural schools, minimizing gaps in the conditions between schools and guiding teachers towards rural, remote and poor areas. The Committee also notes the Government’s indication that it engages in the monitoring of provinces, cities and counties to review the effect given to the policies exempting students from tuition and incidental fees (in both rural and urban areas). This monitoring included school inspections in five provinces and autonomous regions, and indicated that these local governments had been correctly implementing the national policies. The Committee further notes the Government’s statement that it has, since 2008, been carrying out monitoring work on progress towards the balanced development of compulsory education in 72 counties across the country. The Government states that the results of this monitoring work are submitted to the administrative department on national education for reference when formulating education policy, though the Committee observes that this information is not included in the Government’s report.

The Committee notes the statement in the report of the UNICEF Executive Board entitled “Report of the field visit to China by members of the Bureau of the Executive Board” of 14 May 2010 that despite efforts made by the Government in the education sector, challenges remain, especially in western areas, including disparities in the quality of, and access to, education and the numbers of children out of school (E/ICEF/2010/CRP.11, paragraph 20). Lastly, the Committee notes the information in the compilation report of 16 December 2008 prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review of China that the Committee on the Elimination of Discrimination Against Women, the Committee on Economic, Social and Cultural Rights and the Committee on the Rights of the Child each called upon China to eliminate all miscellaneous and other “hidden” fees for primary education (A/HRC/WG.6/4/CHN/2, paragraph 38). Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to pursue its efforts to ensure that, in practice, all children have access to free compulsory education, paying particular attention to girls and children from ethnic minorities and in rural areas. In this regard, the Committee requests the Government to take the necessary measures to considerably strengthen the mechanisms that monitor the enforcement of the Compulsory Education Law and the policies on exemptions for tuition and other fees. It requests the Government to continue to provide information on measures taken in this regard and to provide information from the monitoring and evaluation exercises conducted to monitor these policies.

2. Education for children of internal migrant workers. In its previous comments, the Committee noted the ITUC’s allegations that, according to the hukou system (household registration), migrant workers’ children, who travel with their parents to a city where they have no right to register as permanent residents, are not allowed access to schooling provided by the local governments. The Committee also noted that migrants started to organize their own schools, but that these schools were of variable quality. The Committee further noted the Government’s statement that it had developed a variety of policy measures to ensure equal access to compulsory education for these children, including a 2005 circular explicitly providing that the policy in place for urban students would similarly apply to the children of migrant workers from rural areas and a 2006 State Council document aiming to ensure equal access to compulsory schooling for the children of migrant workers. The Government indicated that in 2006 the Compulsory Education Law was revised to provide that, “[l]ocal governments shall provide equal access to compulsory education for school-aged children living with their parents or guardians who are working or residing in places other than their registered permanent residences”, following which localities established basic regimes to ensure access to compulsory education for migrant children.

The Committee notes the statement in the ITUC communication that at present, different regions provide different measures for the children of migrant workers, and these plans may shift according to the whim of the local government, resulting in a failure to provide stable education to these children. However, the Committee also notes the Government’s statement that the restrictions linked to household registration have begun to change and that various levels of governments have taken measures to ensure that children of migrant workers receive compulsory education with local students, such as establishing budgets based on the total number of children accepted (not just the number of officially registered local children). In addition, the Government states that more support has been given to schools in areas with greater numbers of children of migrant workers and that subsidies have been given to provinces where progress has been made on this issue. Nonetheless, the Committee notes the information in the UNESCO 2010 report entitled Education for All: Global Monitoring Report (UNESCO EFA report) that, while the Government has introduced reforms, the hukou system continues to hinder access to education for the children of migrant workers. Even with requiring city authorities to accommodate holders of rural registration with temporary residence and employment permits, the children of many migrants continue to face restricted opportunities for education. The UNESCO EFA report indicates that only two-thirds of Beijing’s 370,000 migrant children were enrolled in public schools. The UNESCO EFA report also indicates that school budgets continue to be based on the number of official students registered by authorities, and that while individual schools can accept unregistered children, their parents must typically pay a fee to compensate for the lack of government funds, therefore making education inaccessible. The UNESCO EFA report further indicates that the unauthorized migrant schools are of questionable quality and some have been forced to close. The Committee expresses its serious concern about the lack of accessible compulsory education for the children of migrant workers and urges the Government to redouble its efforts to ensure that these children have equal access to free basic education. It requests the Government to continue to provide information on the results achieved, particularly on the number of children of migrant workers who were effectively provided with compulsory education through the measures taken, and estimates on the number of these children who remain out of school.

Article 3(1). Hazardous work. Hazardous work performed through work-study programmes. The Committee previously noted the situation of schoolchildren performing manual work at schools to compensate for the shortage of funds for their schooling. However, the Committee noted that the “Regulations on the Management of Safety in Middle Schools, Primary Schools and Kindergartens” (MEO23) was issued in 2006, which provided that schools are not allowed to organize pupils to take part in hazardous activities such as fabricating fireworks or involving toxic chemicals.

The Committee notes the Government’s statement that it attaches great importance to the safety of work in primary and middle schools, and that it has taken several measures in this respect. The Government indicates that it has strengthened awareness of safety issues (through education, training activities and drills), holding a national safety education day for primary and middle school students and disseminating 300,000 copies of the “Guidelines of Safe Work for Primary and Middle Schools”. The Committee also notes the Government’s indication that it has provided training to improve the capacity of school management with regard to safety and crisis response and has established a school safety inspection system to diagnose and remedy safety risks, to prevent future accidents.

However, the Committee notes the ITUC’s allegation that, although efforts have been made to curb the abuse of work-study programmes (programmes where children engage in work through their schools), these programmes are often used by employers to justify illegally low wages and used by schools to generate profit. The ITUC communication also states that, through these work study programmes, children are exposed to excessive working hours and unsafe workplaces, and provides examples of schoolchildren being brought to work in the grape-processing and cotton industries by their teachers. The ITUC further asserts that although some work-study schemes are limited to seasonal agricultural work, improving school facilities or making small handicrafts, many of these school programmes have resulted in children working in dangerous and labour-intensive industries such as agriculture, construction and factories for long hours and under harsh conditions. The Committee expresses its concern at the continued engagement of schoolchildren under 18 in hazardous types of work within the context of work study programmes. It accordingly urges the Government to strengthen its efforts to strictly enforce the prohibition of hazardous work contained in the MEO23 in order to ensure that persons under 18 years of age are not engaged in hazardous work through work-study programmes, even where safety and security measures are in place. Furthermore, noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the number and nature of infringements of the MEO23 detected by the competent ministry, as well as the penalties applied.

Article 9(1) and Parts III and V of the report form. Penalties, labour inspectorate and application of the Convention in practice. In its previous comments, the Committee noted the ITUC’s indication that the extent of child labour remains difficult to assess due to a lack of official reporting on cases and the lack of transparency in statistics. The Committee also noted the comments of the All-China Federation of Trade Unions (ACFTU) urging the Government to make more of an effort with regard to law enforcement supervision. In this regard, the Committee noted the Government’s indication that the issue of child labour is dealt with through the investigation of complaints, routine inspections, in-focus operations and annual labour inspection schemes. The Committee also noted the establishment of a labour supervisory framework at the provincial, municipal and county levels.

The Committee notes the ITUC’s allegations that child labour has increasingly been reported in the footwear industry and in smaller workshops producing textiles, shoes and related products. The ITUC’s allegations contain many examples of the use of child labour, while stating that there is a lack of official published national data on the extent of child labour. The ITUC indicates that reliable and transparent data would be essential to formulate policies to address this problem. The Committee also notes the statement in the ITUC communication that while the growing number of labour inspectors represents a significant start towards proper enforcement, the numbers are still insufficient to cover all companies in China. Furthermore, the ITUC once again states that the chances of discovering child labour are slim given the shortage of labour inspectors and the extensive collusion between private businesses and local officials. The ITUC indicates that inspections continue to be of little value due to the common practice of informing factory owners in advance, so that on inspection days, working children are kept hidden or given the day off.

The Committee notes the information in the Government’s report that, by the end of 2009, the labour supervisory framework consisted of 3,291 organs of labour security and inspection (an increase in 20 units since 2007), and employed 23,000 full-time labour inspectors (1,000 more inspectors than in 2007), and 25,000 part-time inspectors. The Government indicates that active measures have been taken to prevent and investigate the illegal recruitment of children for employment and that, in the course of inspection activities, emphasis has been given to the provisions of national legislation regarding the prohibition of child labour and the protection of young workers. The Government also indicates that since 2006, special activities have been organized jointly with the ACFTU in this regard, including different types of inspections. The Committee takes due note of the efforts taken by the Government, including the increase in the number of labour inspectors, but expresses its concern regarding reports of collusion between inspectors and private businesses and regarding the lack of data available on the prevalence of child labour in the country. The Committee recalls that, pursuant to Article 9(1) of the Convention, all necessary measures shall be taken by the competent authority to ensure the effective enforcement of the provisions of the Convention, and urges the Government to take the necessary measures to address the issue of collusion between labour inspectors and enterprises to ensure thorough investigations into possible cases of child labour. In this regard, it requests the Government to provide information on the types of violations detected by the labour inspectorate, the number of persons prosecuted and the penalties imposed. The Committee also requests the Government to pursue its efforts to strengthen the capacity of the labour inspectorate, particularly with regard to the inspection of small enterprises. Lastly, the Committee urges the Government to take the necessary measures to ensure that sufficient up-to-date data on the situation of working children in China is made available, including, for example, data on the number of children and young persons below the minimum age who are engaged in economic activities, and statistics relating to the nature, scope and trends of their work.

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