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

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

Article 2(3) of the Convention. 1. Compulsory schooling. The Committee previously noted that, under the Compulsory Education Law, no miscellaneous fees should be charged for compulsory education. It also noted 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. It further noted, however, the residual challenges in the education sector, including disparities in the quality of, and access to, education, the numbers of children out of school and the miscellaneous and other “hidden” fees in primary education.

The Committee notes the Government’s information concerning the measures undertaken by the National People’s Congress (NPC) Standing Committee to enforce the Compulsory Education Law in 2013, including carrying out inspections in eight provinces and entrusting local NPC committees in 19 autonomous regions and municipalities to inspect compliance. Based on these inspections, a report was presented to the State Council, which in turn issued a report on any deficiencies found in national law and proposed corrective actions, which was then taken into consideration by the Ministry of Education in developing proposed policy measures to further improve compulsory education.

The Committee notes the Government’s measures to increase the quality of, and access to, education throughout its municipalities. It notes, however, that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations on the second period report (E/C.12/CHN/CO/2, paragraph 35), in 2014, expressed its concern that compulsory education is still not free and is often unaffordable for children in rural areas and poor urban areas. The Committee urges the Government to strengthen its efforts to ensure that, in practice, all children have access to free compulsory education, paying particular attention to girls and children from rural and poor urban areas. Noting the Government’s indication that the Ministry of Education is formulating policy proposals to improve compulsory education, the Committee also requests the Government to keep it informed on any decisions taken in this respect, including new policies that are adopted or envisaged.

2. Education for children of internal migrant workers. The Committee recalls is previous comment, which noted the Government’s statement that various levels of governments had taken measures to ensure that children of migrant workers receive compulsory education. The Committee noted that, while the Government had introduced reforms, the hukou system (household registration) continued to hinder access to education for the children of migrant workers.

The Committee notes the Government’s information that it is continuing to reform its hukou system to, among others, enhance the integration of migrant children into education and improve the education quality for these children. The Government states that it has established a mechanism to guarantee school funding so that migrant children may be included in local education budgets. The Government also indicates that a national network of primary and secondary school student information management system will be set up to track students’ mobility and collect information concerning students enrolled in primary and secondary schools. Finally, the Committee notes the Government’s participation in the UNICEF programme of cooperation which, according to that programme, aims to increasingly focus on children directly affected by migration.

The Committee welcomes the Government’s indication that further reforms are anticipated concerning its hukou system. Nevertheless, the Committee notes that it is unclear whether the children of migrants, particularly in rural areas, will be able to gain official status and hence entitlements to education under the current reforms. It further notes that the Committee on the Rights of the Child (CRC), in its concluding observations on the combined third and fourth reports (CRC/C/CHN/CO/3-4, paragraphs 75–76) in 2013, noted its concern with increasing disparities in access to and availability of education for children of migrant workers and recommended that the Government continue to strengthen programmes and policies to ensure the accessibility of quality of education for all children. In addition, the Committee notes that the CESCR, in its concluding observations on the second period report (E/C.12/CHN/CO/2, paragraph 15), similarly expressed concern that migrant workers under the hokou system continue to be de facto discriminated against. The Committee requests the Government to continue to strengthen its efforts to ensure that the children of migrant workers have equal access to free basic education. It requests the Government to provide concrete information on the results achieved, particularly on the number of children of migrant workers who have been effectively provided with compulsory education through the measures taken, and estimates on the number of these children who remain out of school.