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

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

Article 2(3) of the Convention. 1. Compulsory schooling. The Committee previously noted the provisions under the Compulsory Education Act, 2015 which exempted tuition fee and miscellaneous fees for students in compulsory education (section 2). It also noted that according to Circular No. 67 of 2015, textbooks shall be provided free of charge and that subsidies for living expenses shall be provided to students from impoverished families. The Committee, however, noted from a joint report by the UNICEF, the United Nations Population Fund and the National Bureau of Statistics of China named “Population Status of Children in China in 2015: Facts and Figures”, that 3.6 per cent of children aged 6 to 17 years failed to receive or complete compulsory education, of which 61.5 per cent children were in rural areas, while 5.4 per cent were in poverty-stricken areas.

The Committee notes the information provided by the Government in its report concerning the circulars and guidelines issued from 2017 to 2020, including on strengthening the control of school drop-outs; strengthening the construction of rural small-scale schools and township boarding schools; and further improving the quality of compulsory education. The Ministry of Education issued the Interim Measures for Supervising and Assessing the Balanced Development of Compulsory Education in Counties, which established a system for supervising and assessing the essential balance of compulsory education in counties and controlling dropouts and ensuring that all school-age children receive compulsory education free of charge. It also notes the Government’s information that by the end of 2020, 2,809 counties nationwide had achieved basic balance in compulsory education development, and 26 provinces as a whole had passed the evaluation and recognition criteria. In 2019, there were 154 million students enrolled in 213,000 schools nationwide. The Government further states that the national nine-year compulsory education consolidation reached 94.8 per cent achieving the goal of reaching 95 per cent as set out in the China Child Development Programme (2011-2020). Moreover, the net enrolment rate of primary school-age children reached 99.94 per cent, and the gross enrolment rate at the junior high school level was 102.6 per cent. The Committee however, notes from the official Website of the Ministry of Education that in 2019 primary schools across the country enrolled 18,690 million pupils, indicating an increase in the enrolment at urban primary schools by 4.5 per cent, while rural primary schools’ enrolment dropped by 2.6 per cent. In this regard, the Committee notes that in its Concluding Observations of September 2018, the Committee on the Elimination of Racial Discrimination expressed concern at the reports that ethnic minority children living in rural areas have unequal access to quality education owing to various factors, including long distances from homes to schools (CERD/C/CHN/CO/14-17, paragraph 23). The Committee therefore encourages the Government to continue its efforts to ensure that, in practice, all children have access to free compulsory education, paying particular attention to children from rural and poor urban areas. It also requests the Government to continue to provide information on any progress made and results achieved in this regard.

2. Compulsory education for children of internal migrant workers. The Committee previously noted the State Council Opinion on promoting the reform of integration of compulsory education in urban and rural areas (No. 40 of 2016). It, however, noted the Government’s statement that in some big cities such as Beijing, Shanghai, Guangzhou and Shenzhen, due to the discrepancy between the large number of migrant children and limited local education resources, local governments developed specific admission policies for migrant children, which prevented a limited number from receiving compulsory education. The Committee requested the Government to strengthen its efforts to ensure that the children of migrant workers have equal access to compulsory education.

The Committee notes the Government’s information that following the reforms to the household registration system (hukou system), the policy of enrolling children who have moved to cities or towns with the family on the basis of their residence permits has been established. At present, all provinces (autonomous regions and municipalities) in China have introduced measures for the implementation of residence permits, which stipulate that the holders of residence permits should receive compulsory education, including all children who have moved with their parents to new places. Special notices were issued urging all localities to improve and refine the admission policies for children who have moved along with their parents, optimize and simplify the admission process, review and reduce unnecessary certification materials, and lower the threshold for admission. The Government indicates that in 2020, 14,297 million children of migrant workers received compulsory education nationwide of whom 85 per cent studied in public schools. The construction of rural boarding schools is progressing and priority is being given to meeting the accommodation needs of left-behind children (children who remain in rural areas while their parents migrate to the cities for work). The Committee strongly encourages the Government to pursue its efforts to ensure that the children of migrant workers have equal access to compulsory education and to continue to provide information on any progress made and results achieved.

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

Article 3(1) of the Convention. Hazardous work performed through work–study programmes. The Committee previously noted from the report on the labour protection of interns in Chinese textile and apparel enterprises, carried out with ILO assistance, that 52.1 per cent of interns continue to work in conditions that do not meet national minimum standards for labour protection, and 14.8 per cent of interns are engaged in involuntary and coercive work. It noted with concern that a significant number of schoolchildren continued to engage in hazardous work within the context of work–study programmes. The Committee also noted the adoption of the Regulations on the Management of Student’s Internship in Vocational Schools (Management Regulations) in 2016, which protect the basic rights of internship students and establishes penalties for violations thereof. The Committee requested the Government to take the necessary measures to ensure the effective application of the Management Regulations, and to provide statistical information concerning the number and nature of infringements detected, as well as the specific penalties applied.

The Committee notes the Government’s information, in its report that it has increased its efforts in disseminating the Management Regulations and strengthened information campaigns, through the Internet, WeChat and school information campaigns, so that more students and parents are aware of the rights and interests that students should enjoy during their internship, hence reducing the possibility of illegal practices. The Ministry of Education, in conjunction with relevant departments, ensures the effective implementation of the Management Regulations, including by strengthening institutional cooperation and supervision and inspection. In this regard, key inspections were conducted in 2017 on the work carried out in schools and internship entities in ten provinces and autonomous regions. In 2021, a circular was issued to conduct a comprehensive survey of typical problems with internships in vocational colleges and schools, and to strictly implement relevant rules and regulations. Other circulars concerning (i) reporting violations on internship regulations; (ii) improving and supporting policies related to internship training; and (iii) strengthening and standardizing the management of internships were also issued. Moreover, a hotline specifically dedicated to offer advice on internship management for students of vocational institutions, suggestions and responses to related issues reported, was established. The Committee requests the Government to continue taking effective measures to protect the rights of the students participating in work-study programmes and to ensure that such students are not engaged in hazardous, involuntary and coercive work. It requests the Government to continue providing information on the measures taken in this regard, including the effective implementation of the Management Regulations and other circulars issued in this regard. Finally, the Committee requests the Government to provide information on the outcome of the inspections conducted in schools and internship entities, including statistical information on the number and nature of infringements detected, as well as the specific penalties applied.

Article 8. Artistic performances. The Committee previously noted that section 13(1) of the 2002 Regulations Banning Child Labour provides that organizations for performing arts and sports may recruit professional artists and athletes under the age of 16 years upon consent from their parents or legal guardians. According to the report from the 2013 ILO technical assistance mission, there were 2.01 million performances in China in 2012, including 13,000 registered performing groups, half of which included children. It also noted the Government’s indication that according to the working rules of school art education (Ministry of Education Order No. 13 of 2002), no entities or schools shall organize students to participate in any commercial artistic activities or commercial celebration activities. However, the Government indicated that as this internal working rules lacked wider legal effect, the Ministry of Education was making efforts to incorporate it into the legislative process. The Committee requested the Government to take the necessary measures to enact national legislation that is in conformity with Article 8 of the Convention by specifying that children employed in artistic performances are permitted to do so on the basis of individual permits granted by the competent authority.

The Committee notes the Government’s information that section 15 of the Labour Law was amended in December 2018 to state that “Art, sports and special-skill units that plan to recruit juveniles under the age of 16 shall comply with the relevant provisions of the state and guarantee the right of the employed to receive compulsory education.” The Government also indicates that this amendment abolishes the administrative approval procedures; reduces unnecessary prior approvals; strengthens the responsibility of employing units to comply with the relevant employment related laws and regulations; and focuses on post-recruitment monitoring and investigation. The Government also indicates that Chinese cultural and sports talents are trained by the professional school education system and that in 2021, 1,172 professional faculties of culture and art in secondary vocational schools nationwide have been registered, involving 629 vocational schools. Moreover, with regard to athletic performances, the Measures for the Administration of Sports Schools for Children and Adolescents stipulates that sports schools should ensure that: (i) the students complete the nine-year compulsory education courses; (ii) the students should be trained scientifically and systematically in accordance with the national youth teaching and training programme; and that (iii) the training time per day should be limited to 2.5 hours in principle. The Committee however observes that the amendments to section 15 of the Labour Law concerning the recruitment of juveniles under 16 years by art, sports and special units do not contain the requirement of granting of individual permits for children participating in artistic and sports activities as required by Article 8 of the Convention.

While taking note of the Government’s information, the Committee notes with regret that, despite its reiterated comments for many years, the Government has not taken any measures to establish, in law and in practice, the system of granting individual permits for artistic performances by young persons under the age of 16 years. In this regard, the Committee once again recalls that, by virtue of Article 8 of the Convention, children below the minimum age of admission to employment or work of 16 years, who are employed in artistic activities, shall do so on the basis of individual permits granted by the competent authority. Moreover, permits so granted shall limit the number of hours during which and prescribe the conditions in which such employment or work is allowed. The Committee therefore urges the Government to take the necessary measures to ensure the establishment of a system of individual permits for children under 16 years of age who are engaged in artistic and sports activities and to regulate such activities in accordance with Article 8 of the Convention. It requests the Government to provide information on any measures taken in this regard as well as information on the number of children under 16 years who currently participate in artistic and professional sports activities, and who fall within the exception provided for by section 13(1) of the 2002 Regulations Banning Child Labour.

Article 9(1). Labour inspectorate and penalties. The Committee previously noted that labour security advisers from trade unions and other institutions monitor the compliance of employers with national labour laws and regulations. The Government indicated that the labour inspectorate carries out law enforcement activities jointly with the departments of public security, industry and commerce, administration of work safety and public health, with regard to child labour. The Committee noted with regret the Government’s statement that the data on investigations and penalties regarding child labour was considered confidential and hence could not be provided. However, it noted that according to the Measures on the Disclosure of Major Labour Violations to the Public (MoHRSS Order No. 29 of 2016), the Department of Human Resources and Social Security must publish the cases of major labour violations which have been investigated and closed, including the violations of the Regulations Banning Child Labour, among others (section 5(5)). The Committee requested the Government to provide the relevant data in this regard.

The Committee notes the Government’s information that in March 2021, the “Trial Measures for Trade Union Supervision over Labour Law Enforcement” were issued to further strengthen their supervision work in the area of labour laws, with focus on the use of child labour. The Government also indicates that currently there are 26,000 full time labour inspectors in China. The Committee further notes the statistical information provided by the Government concerning the employment of young persons aged 16 years and above which indicates that 1.2 per cent of the 775.86 million people employed in China are persons between 16 and 19 years of age. In this regard, the Committee notes that the United Nations Special Rapporteur on extreme poverty and human rights on his mission to China, in its report of March 2017 indicated that “the data-collection process in official surveys lacks transparency. Beyond references to household surveys, detailed information on sources and collection procedures is sparse. Expert interlocutors pointed to examples of negative data being withheld from publication”. (A/HRC/35/26/Add.2, paragraph 29). The Committee therefore once again urges the Government to take the necessary steps to ensure that sufficient and accurate 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 of 16 years who are engaged in economic activities, and statistics relating to the nature, scope and trends of their work. It also once again requests that the Government provide information on the number and nature of violations detected by the labour inspectorate and the trade unions, and the penalties imposed.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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 that the National Mid- and Long-Term Reform on Education and Development Programme (2010–20) 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. The Government also indicated that inspections were carried out in eight provinces and 19 autonomous regions and municipalities to inspect compliance with the Compulsory Education Law. Subsequently, a report on proposed corrective actions was issued by the State Council, which was then taken into consideration by the Ministry of Education in developing proposed policy measures to further improve compulsory education.

The Committee notes with interest the Government’s information in its report that the Compulsory Education Law was amended in 2015, stipulating that students in compulsory education shall be exempted from tuition fee and miscellaneous fees (section 2). In the same year, the State Council issued the circular on further improving safeguard mechanisms for urban and rural compulsory education funds (No. 67 of 2015), which provides that textbooks shall be provided free of charge and that subsides for living expenses are provided to students from impoverished families. Other policy documents also provide for measures to improve the education conditions in rural areas. The Committee also notes that the United Nations Children’s Fund (UNICEF), the United Nations Population Fund and the National Bureau of Statistics of China jointly published a report named “Population Status of Children in China in 2015: Facts and Figures”. According to it, in the 15-year period since 2000, nine years of compulsory education has achieved universal access in general. In terms of gender, girls’ access to education at all levels and their completion of compulsory education is higher than that of boys since 2010. There remains 3.6 per cent of children aged 6 to 17 years who failed to receive or complete compulsory education, of which 61.5 per cent were in rural areas, while 5.4 per cent of children in poverty-stricken areas failed to receive or complete compulsory education, higher than the national average. However, the Committee notes that, according to the Report of the Special Rapporteur on extreme poverty and human rights on his mission to China of 2017, a recent empirical study suggests that the cumulative average drop-out rates across rural junior high schools range somewhere between 17.6 and 31 per cent (A/HRC/35/26/Add.2, paragraph 54). The Ministry of Education also acknowledged the existence of dropouts in rural schools, emphasising that it only affected the third year of junior high school and only in western China (paragraph 55). Taking due note of the measures taken, the Committee encourages the Government to pursue its efforts to ensure that, in practice, all children have access to free compulsory education, paying particular attention to children from rural and poor urban areas. It also requests that the Government provide concrete information on any progress made and results achieved in this regard.

2. Compulsory education for children of internal migrant workers. The Committee previously noted that various levels of government measures had been taken to ensure that children of migrant workers receive compulsory education. The Government also continued to reform its hukou system to, among others, enhance the integration of migrant children into education and improve the quality of education for these children. The Government stated that it had established a mechanism to guarantee school funding so that migrant children may be included in local education budgets. However, the Committee on the Rights of the Child (CRC) and the Committee on Economic, Social and Cultural Rights (CESCR) expressed their concern at the de facto discrimination against migrant workers under the hukou system and the increasing disparities in access to and availability of education for their children.

The Committee notes the Government’s information that, in 2016, the State Council issued the Opinion on promoting the reform of integration of compulsory education in urban and rural areas (No. 40 of 2016). It stipulates that, within the framework of the household registration system reform, an admission policy based on residence permit should be established to simplify the enrolment procedures of children of migrant workers and guarantee their equal access to compulsory education. The Government also indicates that, in 2016, out of the approximately 14 million children who migrate with their parents, around 80 per cent of them attend public schools. However, as stated by the Government, in some big cities such as Beijing, Shanghai, Guangzhou and Shenzhen, due to the discrepancy between the large number of migrant children and limited local education resources, local governments have developed specific admission policies for migrant children, which have prevented a limited number from receiving compulsory education. The Committee also notes that, according to the report of the Special Rapporteur of 2017, during his meeting with the Ministry of Education, an emphasis was put on the enormous challenge of urbanization in China and the fear of “disorderly” migration of students (A/HRC/35/26/Add.2, paragraph 54). The Committee therefore requests that the Government strengthen its efforts to ensure that the children of migrant workers have equal access to compulsory education and to provide information on any progress made and results achieved. The Committee also requests that the Government provide information on the impact of the admission policies on access to compulsory education for migrant children in the abovementioned big cities.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 3(1) of the Convention. Hazardous work performed through work–study programmes. The Committee previously noted the Government’s indication that the Ministry of Education had repeatedly issued circulars and increased its inspection efforts with a view to ensuring healthy development in work–study programmes. The Government also indicated that the work–study programmes must be incorporated into, and must abide by, normal teaching programmes and may not, for example, modify hours of work without prior permission. In addition, it indicated that schools that organize work–study programmes must ensure the safety of students by prohibiting participation in toxic, hazardous or dangerous types of activities or labour which exceed their physical capacity, and that local governments are required to analyse the manner in which work–study programmes are carried out on a local basis. The Committee noted, however, the 2014 report on the labour protection of interns in Chinese textile and apparel enterprises, carried out with ILO assistance, according to which 52.1 per cent of interns continue to work in conditions that do not meet national minimum standards for labour protection, and 14.8 per cent of interns are engaged in involuntary and coercive work. The Committee therefore noted with concern that a significant number of school children continue to engage in hazardous work within the context of work–study programmes. It also recalled that the technical assistance missions undertaken within the context of the Special Programme Account (SPA) project in 2013 addressed ways in which the legal framework could be strengthened with respect to protecting young persons engaged in work–study programmes.

The Committee notes the absence of information in this regard in the Government’s report. However, the Committee notes that the Ministry of Education, the Ministry of Finance, the Ministry of Human Resources and Social Security (MoHRSS), the State Administration of Work Safety and the China Insurance Regulatory Commission jointly issued the Management Regulations on internship of vocational-school students in 2016. Section 15 provides that students under 16 years of age shall not be engaged in on-job learning or on-job internship programmes, and that students under 18 years of age shall not be engaged in tasks which are prohibited by the Regulations on the special protection of minor workers. Section 16 of the Regulations prohibits work during public holidays, night work and overtime work for students. The Management Regulations further provide for the conclusion of internship agreements (section 12), the payment of remuneration (section 17), and the arrangement of compulsory insurance covering the whole internship period (section 35). According to section 27, the involvement of students under 16 years of age in on-job learning or internships shall be investigated and punished in accordance with the Regulations banning child labour. The Committee therefore requests that the Government take the necessary measures to ensure that the Management Regulations on internships for vocational-school students are effectively applied in practice, and to provide statistical information concerning the number and nature of infringements detected, as well as the specific penalties applied.

Article 8. Artistic performances. The Committee previously noted that section 13(1) of the 2002 Regulations Banning Child Labour provides that organizations for performing arts and sports may recruit professional artists and athletes under the age of 16 years upon consent from their parents or legal guardians. According to the report from the 2013 SPA technical assistance mission, there were 2.01 million performances in China in 2012, including 13,000 registered performing groups, half of which included children. The report noted the Government’s indication that employing units were responsible for children’s health and protection, and applicants had to provide proof that children were enrolled in compulsory education. According to the report, the Government representative indicated that no system of individual permits existed, although it had existed in the past but had been repealed by the 2002 Regulations Banning Child Labour. Finally, the Committee noted the consensus between the ILO and the MoHRSS that the issue of children and young persons engaged in artistic performances needed to be regulated in legislation.

The Committee notes the Government’s information in its report that, according to the working rules of school art education (Ministry of Education Order No. 13 of 2002), no entities or schools shall organize students to participate in any commercial artistic activities or commercial celebration activities. Further, the organization of students to participate in competitive activities or artistic activities organized by social groups, cultural sectors and other social organizations shall be reported to the higher authorities (section 11). However, the Government indicates that, as internal working rules of the education sector, this normative document lacks wider legal effect, and that the Ministry of Education is making efforts to incorporate it into the legislative process. The Government also states that the participation of children and adolescents in commercial performances mainly concerns artistic activities of public interest or for local tourism promotion, as well as other activities specially organized for children. The Committee recalls that, by virtue of Article 8 of the Convention, children below the minimum age of admission to employment or work of 16 years, who are employed in artistic activities, must apply for permits granted by the competent authority. Moreover, permits so granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee therefore once again requests the Government to take the necessary measures to enact national legislation that is in conformity with Article 8 of the Convention and which specifies that children below the minimum age of admission to employment or work of 16 years, who are employed in artistic activities, must apply for permits granted by the competent authority. Moreover, noting the absence of information, it once again requests that the Government provide information on the number of children who currently participate in commercial artistic performances and professional sports activities, and who fall within the exception provided for by section 13(1) of the 2002 Regulations Banning Child Labour.

Article 9(1). Labour inspectorate and penalties. The Committee previously noted that it was difficult to assess the extent of child labour owing to a lack of official reporting on cases and the lack of transparency in statistics. The Committee also noted that the Government had employed labour security advisers from trade unions and other institutions, to monitor the compliance of employers with national labour laws and regulations. The Government indicated that the labour inspectorate implements the provisions of national legislation prohibiting child labour and regularly monitors implementation through routine and ad hoc inspections, investigation of complaints and verification of cases reported by informants, written requests and other forms of supervision and law enforcement.

The Committee notes the Government’s information that, by the end of 2016, the labour inspection system consisted of 4,672 labour security inspection departments, 26,000 full-time labour security inspectors, 26,700 part-time inspectors, and 72,100 inspection assistants. The labour inspectorate carries out law enforcement activities jointly with departments of public security, industry and commerce, administration of work safety and public health, with regard to child labour. The Government states that the illegal use of child labour is rare, and to date, no case has been found concerning the complicity by labour inspectors in this regard.

The Committee notes with regret the Government’s statement that the data on investigations and penalties regarding child labour is considered confidential and cannot to be provided. However, the Committee notes that, according to the Measures on the Disclosure of Major Labour Violations to the Public (MoHRSS Order No. 29 of 2016), the Departments of Human Resources and Social Security must publish the cases of major labour violations which have been investigated and closed, including the violations of the Regulations Banning Child Labour, among others (section 5(5)). Moreover, the information published shall include the name and address of the perpetrators, the nature of violations and the decisions made by the competent authority (section 6). The Committee reminds the Government that, Article 9(1) of the Convention requires that the Government take all necessary measures to ensure the effective enforcement of the Convention, and that, as required by Part V of the report form, the Government shall provide information on statistical data on the employment of children and young persons, extracts from the reports of inspection services, information on the number and nature of contraventions reported, etc., which give a general appreciation of the manner in which the Convention is applied. The Committee therefore once again urges the Government to take the necessary steps to ensure that sufficient updated 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. It also once again requests that the Government provide information on the number and nature of violations detected by the labour inspectorate, the number of persons prosecuted and the penalties imposed.

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

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

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.

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

The Committee notes that the country is participating in an ILO technical assistance programme, the Special Programme Account (SPA) project, carried out jointly between the ILO and the Ministry of Human Resources and Social Security (MoHRSS). It also notes that, in the framework of the SPA, a tripartite inter-ministerial workshop was conducted in September 2012 in Nanchang, Jiangxi Province, with the aim of drawing attention to the implementation gaps identified by the Committee with regard to the child labour Conventions, as well as two follow-up missions in Beijing in September 2013, and in Chengdu, Sichuan Province in September 2014, to assess the progress achieved; provide a forum to exchange information on the problems encountered in addressing child labour in the country; and identify priorities for future assistance.

Article 3(1) of the Convention. Hazardous work performed through work–study programmes. The Committee previously expressed its concern at the continued engagement of school children under 18 years of age in hazardous types of work within the context of work–study programmes.

The Committee notes the information provided by the Government in its report, as well as the information it supplied under the Worst Forms of Child Labour Convention, 1999 (No. 182), with respect to its work–study programmes. In this connection, the Committee notes the Government’s indication that the Ministry of Education has repeatedly issued circulars and increased its inspection efforts with a view to ensuring healthy development in these programmes. The Government further indicates that the work–study programmes must be incorporated into, and must abide by, normal teaching programmes and may not, for example, modify hours of work without prior permission. In addition, it indicates that schools that organize work–study programmes must ensure the safety of students by prohibiting participation in toxic, hazardous or dangerous types of activities or labour which exceeds their physical capacity. The Government states, in this respect, that safety education must be provided to students to prevent accidents, and that the local governments are required to analyse the manner in which work–study programmes are carried out on a local basis.

The Committee takes note of the Government’s efforts to ensure a healthy environment for its work–study programmes. It also recalls that the missions undertaken within the context of the SPA, discussed above, addressed ways in which the legal framework could be strengthened with respect to protecting young persons engaged in work–study programmes. The Committee notes, however, the 2014 report on the labour protection of interns in Chinese textile and apparel enterprises, carried out with ILO assistance, according to which 52.1 per cent of interns continue to work in conditions that do not meet national minimum standards for labour protection, and 14.8 per cent of interns are engaged in involuntary and coercive work (page ix). 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 85–86), urged the Government, as a matter of priority, to end the use of work–study schools and the use of forced and exploitative child labour under those programmes.

While noting the measures taken by the Government, the Committee notes with concern that a significant number of school children continue to engage in hazardous work within the context of work–study programmes. The Committee accordingly urges the Government to strengthen its efforts 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 the absence of information on this point, the Committee once again requests the Government to submit statistical information concerning the number and nature of infringements of the applicable legislation and penalties applied.

Article 8. Artistic performances. The Committee notes that the Government has not provided new information concerning anticipated legislative revisions to effectively safeguard the rights and interests of minors under 16 years of age. It nevertheless notes that, according to the mission report from the 2013 SPA mission, mentioned above, there were 2.01 million performances in China in 2012, including 13,000 registered performing groups, half of which included children. The report took note of the Government’s indication that employing units were responsible for children’s health and protection, and applicants had to provide proof that children were enrolled in compulsory education. According to the report, the Government representative indicated that no system of individual permits existed, although it had existed in the past but had been repealed by the 2002 Regulations on Banning Child Labour. Finally, the Committee notes the consensus between the ILO and the MoHRSS that the issue of children and young persons engaged in artistic performances needed to be regulated in legislation. The Committee accordingly requests the Government to take the necessary measures to bring national legislation into conformity with Article 8 of the Convention by specifying that children below the minimum age of admission to employment or work of 16 years, who are employed in artistic activities, must apply for permits granted by the competent authority. It also requests the Government to provide information on the number of children currently employed pursuant to the exception provided for in section 13(1) of the Regulations Banning Child Labour of 2002.

Article 9(1). Labour inspectorate and penalties. In its previous comment, the Committee noted that it was difficult to assess the extent of child labour owing to a lack of official reporting on cases and the lack of transparency in statistics. It also noted that the chances of discovering child labour were slim given the shortage of labour inspectors in the country and the extensive collusion between private businesses and local officials.

The Committee notes the Government’s information concerning its labour inspection system which, by the end of 2013, consisted of 3,291 labour security inspection departments, 25,000 full-time labour security inspectors and 28,000 part-time inspectors. The Committee further notes the information provided by the Government under Convention No. 182, which indicates that it has employed labour security advisors from the All-China Federation of Trade Unions (ACFTU), trade unions and other institutions, to monitor the compliance of employers with national labour laws and regulations. The Government further reports that the departments of human resources and social security implement the provisions of national legislation prohibiting child labour and regularly monitor implementation through routine and ad hoc inspections, investigation of complaints and verification of cases reported by informants, written requests and other forms of supervision and law enforcement.

While noting this information, the Committee notes with deep concern that, to date, not a single case of child labour has been found, despite the Government’s indication that its labour inspectors conduct routine visits and inspections. The Committee also notes with regret the absence of any information concerning measures taken or envisaged to address the allegations of extensive collusion between private businesses and local officials. The Committee notes, in this respect, that the CRC, in its concluding observations on the combined third and fourth reports (CRC/C/CHN/CO/3-4, paragraph 85) in 2013, noted the absence of specific data on child labour in the country, despite reports which indicate that child labour is widespread. In the absence of any indications of child labour in the country, the Committee once again 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 indicate the methodology used to collect information and 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. 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 matters in a request addressed directly to the Government.

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

Article 6 of the Convention. Apprenticeship. The Committee previously noted that the minimum age for apprenticeship is generally 16 years, pursuant to the “Provisional regulation of the State Council on the duration of training and subsistence allowance for apprentices in the state-run enterprises, the public–private joint operation, cooperative and private-run, and in institutions” of 1958 (Provisional Regulation 1958). The Government indicated that in the case of special sectors, the age of apprenticeship may be lower than 16 years, and in such special circumstances, an approval must be obtained from the competent provincial labour bureau. The Committee noted that there did not appear to be a minimum age set for apprenticeships in the case of special sectors or special circumstances, as approved by the competent labour bureau. The Committee requested the Government to take the necessary measures to ensure that no child under 14 years of age engages in an apprenticeship in an undertaking, including in special sectors or in special circumstances.

The Committee notes the Government’s statement that there have been no new developments on this topic. Nonetheless, the Committee notes the statement in the report of the International Trade Union Confederation (ITUC), for the World Trade Organization General Council on the trade policies of China of 10 and 12 May 2010, entitled “Internationally recognized core labour standards in China” (ITUC report), that apprenticeships are used to employ children in factories, which enables certain employers to conceal their use of child labour. The ITUC report offers two examples of factories where children under 16 were recruited for work as apprentices, and indicates that in some cases, these apprentices worked up to 14-hour days. The ITUC report indicates that these children will work long hours for low pay and often only receive board and lodging. The Committee expresses its concern at the alleged abuse of the apprenticeship system. It recalls that by virtue of Article 6, the provisions of the Convention do not apply to work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. The Committee accordingly urges the Government to take the necessary measures to ensure that the conditions for apprenticeships are prescribed by the competent authority, following consultation with the organizations of employers and workers concerned, and that these conditions are enforced in practice. Furthermore, observing the alleged apprenticeship of children under the minimum age for apprenticeships specified in the Provisional Regulation 1958, the Committee requests the Government to take the necessary measures to establish a minimum age for admission to apprenticeships of at least 14 years in all sectors, including in special sectors or circumstances.

Article 8. Artistic performances. The Committee previously noted that section 13(1) of the Regulations Banning Child Labour of 2002 provides that organizations for performing arts and sports may recruit professional artists and athletes under the age of 16 upon consent from their parents or other guardians. The Committee observed that obtaining the authorization of the parents or legal guardians of the child is not sufficient to fulfil the requirements of the Convention. It recalled that, by virtue of Article 8(1) of the Convention, the permits granted in individual cases to participate in artistic performances must be granted by the competent authority.

The Committee notes the Government’s statement that artistic or sporting organizations who do recruit minors under the age of 16 must, in addition to securing the consent of the minor’s parent, take effective measures to protect their physical and mental health and guarantee their right to compulsory education. The Committee also notes the Government’s statement that talented children in the arts and sports fields are generally trained in specialized education systems, and are therefore not likely to be recruited to engage in performances for the purpose of employment. Nonetheless, the Committee notes the Government’s statement that it will make due revisions to the relevant legislative policies, to effectively safeguard the rights and interests of minors under 16 years of age. The Committee therefore urges the Government, within the context of the revisions to the relevant legislative policies, to take the necessary measures to bring national legislation into conformity with Article 8 of the Convention by specifying that children employed in artistic activities must apply for permits granted by the competent authority. It requests the Government to provide information on any progress made in this regard, and to provide information on the number of children currently employed pursuant to the exception provided for in section 13(1) of the Regulations Banning Child Labour of 2002.

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

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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 6 of the Convention. Apprenticeship. Following its previous comments, the Committee notes the Government’s information that the minimum age for apprenticeship, provided for in the “Provisional Regulation of the State Council on the duration of training and subsistence allowance for apprentices in the state-run enterprises, the public–private joint operation, cooperative and private-run, and in institutions” of 1958, is generally of 16 years. The Government adds that in the case of special sectors, the age of apprenticeship may be lower than 16 years. Furthermore, in case of special circumstances as for the minimum age for apprenticeship, an approval must be obtained from the competent provincial labour bureau. The Government also indicates that, to perform work in the framework of an apprenticeship, the young person must be ideologically and morally upright, physically healthy, have completed junior secondary education, between the ages of 16 and 22, and single. The Committee notes that there does not appear to be a minimum age set for apprenticeships in the case of special sectors or special circumstances, as approved by the competent labour bureaux. It once again recalls that, by virtue of Article 6, the provisions of the Convention do not apply to work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. The Committee requests the Government to take the necessary measures to ensure that no child under 14 years of age follows an apprenticeship in an undertaking, including in special sectors and in special circumstances.

Article 8. Artistic performances. The Committee had previously noted that section 13(1) of the Regulations Banning Child Labour of 2002 provides that organizations for performing arts and sports may recruit professional artists and athletes under the age of 16 upon consent from their parents or other guardians. It had noted the Government’s information that it is considering the concrete issues with regard to special cases such as the recruitment of professional artistic workers and athletes under 16 years. The Committee notes the indication of the Government that there have been no further changes concerning the implementation of this Article. The Committee observes that obtaining the authorization of the parents or legal guardians of the child for recruitment in artistic performances or sports is not sufficient to fulfil the requirements of the Convention. In this regard, it recalls that, by virtue of Article 8, paragraph 1, of the Convention, the permits granted in individual cases to participate in artistic performances must be granted by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee urges the Government to take measures to bring the national legislation into conformity with the Convention on this point and requests it to provide information on any progress made in this regard.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2, paragraph 3, of the Convention. 1. Compulsory schooling. The Committee had previously noted the allegation of the International Confederation of Free Trade Unions, now the International Trade Union Confederation (ITUC), that educational opportunities for many of China’s children remain poor, especially in the rural areas and with regard to female students and minorities, and in some cases continue to decline, leading to continued or increased motives for child employment. Most crucially, the Committee had noted that the law fails to guarantee the funding for compulsory education, thus forcing or allowing many schools, particularly those in the impoverished rural regions, to go on collecting tuition fees or charge various miscellaneous fees to their students in the name of voluntary donations.

The Committee notes the Government’s detailed information regarding the several educational measures that are being implemented. Firstly, the Government indicates that it has adopted a development strategy that focuses on compulsory education in rural areas by allocating more financial resources for that purpose: the total expenditures on education in China topped 2.43 trillion yuan in the past five years (2003–07), which represents an increase of 1.26 times over the previous five-year period. The Government also indicates that towards the end of 2005, the State Council fully incorporated rural compulsory education into the scope of guaranteed public finance. In November 2007, the State Council deepened this financial reform by making more funds available for rural compulsory schooling. The main measures taken include:

(a)   providing free textbooks to all rural students of compulsory school age;

(b)   giving more subsidies to boarding school students from poor rural families to support their daily lives;

(c)   guaranteeing more funds for rural schoolhouse maintenance and renovation, more particularly in favour of schools in very difficult areas.

Accordingly, in 2007, all rural students of compulsory school age were exempted from tuition fees and were granted free textbooks. Boarding students from poor rural families had access to subsistence subsidies. As a result, 150 million students and 7.8 million boarding school students from poor families benefited from these measures. The Committee also notes that, according to the China country case study of 2007, prepared for the UNESCO Education for All Global Monitoring Report of 2008 (China country case study), several policies and programmes have been adopted to promote good-quality schooling, including improving teaching and learning quality through the New National Curriculum Reform (2008/ED/EFA/MRT/PI/82, pages 18–19). Furthermore, the Government indicates that the Compulsory Education Law was amended in 2006 and calls for improved regulatory frameworks and financial support systems to promote a balanced development of free universal education. The law also clearly states that no miscellaneous fees should be charged. The Government indicates that the State Education Inspection and Supervision Group is in charge of monitoring the enforcement of the Compulsory Education Law and that, in this regard, state education inspectors were dispatched to more than 20 provinces.

The Committee notes the Government’s information that, as a result of all these measures, recent years saw a rise in the level of universal education across the country. The Government indicates that, by the end of 2007, 25 provinces had fully achieved the nine-year universal compulsory education goal. Furthermore, in 2007, the net enrolment rate in primary schools reached 99.5 per cent, and the proportion of primary-school graduates continuing their studies onto junior middle school reached 99.4 per cent. The gross enrolment rate in junior middle school reached 99.4 per cent, the net enrolment rate being slightly lower. However, the Committee notes that, according to the China country case study, until recently, quality issues in education have not received proper recognition and well-structured inspection guidance on quality education is still in the early stages of development (2008/ED/EFA/MRT/PI/82, page 8). In this respect, the State Education Inspection Office consists of only 90 inspectors at the national level and some of them are retired officials and part-time inspectors.

The Committee is of the view that compulsory education is one of the most effective means of combating child labour and welcomes the important measures that are being taken by the Government to this end. The Committee strongly encourages the Government to take measures in order to considerably strengthen the mechanisms to monitor the enforcement of the Compulsory Education Law, more particularly the State Education Inspection Office, to ensure free compulsory education to all children and to supervise the quality of the education in both urban and rural areas. It requests the Government to provide information on the progress made in this regard.

2. Education for migrant children. In its previous comments, the Committee had noted the ITUC’s allegations that, according to the hukou system, or household registration, local governments only allocate their resources, such as education, to permanent residents. In other words, migrant workers’ children, who travel with their parents to a city where they have no right to register as permanent residents, even if they were born in that city, are not allowed access to schooling provided by the local governments. The Committee had noted that since the mid‑1990s, migrants have started to organize and run their own schools, but that there is no guarantee of the quality of teaching in these schools and they are not legitimate educational institutions.

The Committee notes the Government’s information that it attaches great importance to the education of the children of migrant workers and that it has developed a variety of policy measures to ensure their equal access to compulsory education. In 2005, the Circular of the State Council on Further Reform of the Rural Compulsory Education Financing System was promulgated and explicitly provides that the policy in place for urban students would similarly apply to the children of migrant workers from rural areas. In March 2006, the State Council issued the document entitled, “Certain opinions on addressing issues concerning migrant workers”, which aims to ensure equal access to compulsory schooling for the children of migrant workers and to offer specific policy measures, including incorporating the issue into local education plans and equal treatment of migrant students in terms of tuition and administration. The Government further indicates that, in June 2006, the Compulsory Education Law was revised to provide that, “Local governments shall provide equal access to compulsory education for the school-aged children living with their parents or guardians who are working or residing in places rather than their registered permanent residences”. In this regard, all localities have established basic regimes to ensure access to equal compulsory education for migrant children. The Committee further notes the Government’s information that it is revamping and expanding the existing public schools through multiple solutions, including encouraging public-funded primary and junior high schools to raise the proportion of admission for migrant children and investing in the expansion of existing public schools in the vicinity of migrant families to meet their needs for schooling. Moreover, localities in China have established the financial guarantee system, according to which educational outlays for schools are allocated by taking into consideration the number of migrant students involved. Finally, the Government indicates that it is making efforts to improve the quality of teaching for migrant children. Among others, a special task force was formed under the auspices of the Office of Migrant Workers of the State Council to take care of children of migrant workers left behind in rural areas. The task force carried out a massive amount of research and studies and has elaborated work initiatives to address the issue of the education of children of migrant workers, while the Ministry of Education contributed by accelerating the construction of boarding schools in rural areas. The Committee also notes the commentary of the All-China Federation of Trade Unions (ACFTU) contained in the Government’s report, according to which, by the end of 2007, trade unions at various levels have cumulatively raised 2.41 billion yuan for education aid funds, which were used to financially support the schooling of 2,894 million students from poor families.

While taking note of this information, the Committee expresses its deep concern at the important number of children of migrant workers who are left behind by parents in the countryside. Indeed, according to the All-China Women’s Federation’s in-depth study of 2007, based on the 2005 bi-census, it is estimated that there are about 58 million children below 18 years of age left behind by parents in the countryside, accounting for 21 per cent of all children in China and 28 per cent of all rural children. The study also found that more than 40 million left-behind children are under 15 years of age and that more than 30 million are aged between 6 and 15 years, making them vulnerable to becoming engaged in labour. Consequently, the Committee urges the Government to redouble its efforts to ensure that the children of migrant workers receive free basic education. It also requests the Government to provide information on the number of children of migrant workers who were effectively provided with compulsory education and prevented from child labour as a result of the several measures implemented by the Government.

Article 3, paragraph 1.  Hazardous work. The Committee had previously noted the situation of schoolchildren performing manual work at schools, including having to produce firecrackers to compensate for the shortage of funds for their schooling. It had noted the ITUC’s allegations that it is both the nature of the work – explosives used – and the nature of production – unsafe buildings, clusters of workshops and low fire safety measures – that make firework production an extremely dangerous occupation. The Committee had noted that, on 30 June 2006, several ministries, including the Ministry of Education, issued the “Regulations on the Management of Safety in Middle Schools, Primary Schools and Kindergartens” (MEO23), which provide that schools are not allowed to organize pupils to take part in, or to rent school premises to hire other persons for the fabrication of, notably, hazardous activities such as fabricating fireworks or toxic chemicals.

The Committee notes the Government’s information that, since the promulgation of MEO23, all the persons responsible for accidents of various types were subject to severe sanctions and, in serious cases, to criminal sanctions in accordance with the regulations. The Government also indicates that, in recent years, educational departments and schools, in close collaboration with departments of public security, safety supervision and health, have made efforts pursuant to the safety and security policies in place to promote safety in primary and middle schools as well as kindergartens. As a result, the number of safety‑related accidents and casualties in schools and kindergartens has dropped significantly. The Government indicates that, according to the data submitted by localities, the death toll caused by various types of accidents involving pre-school, primary and secondary school students in 2006 and 2007 has declined by 9.24 per cent and 13.67 per cent respectively from the previous years. Furthermore, the Committee notes the Government’s information that, since 2006, no child or young person under the age of 18 engaged in dangerous work in schools, such as in the fabrication of fireworks, was found. However, the Government indicates that the Ministry of Education does not possess statistical information on the cases of infringements of the MEO23 and the penal sanctions applied.

The Committee takes due note of this information. It requests the Government to pursue its efforts to strictly enforce the prohibition of hazardous work contained in the MEO23 in order to ensure that children and young persons under 18 years of age are not engaged in hazardous work inside schools, even where safety and security measures are in place. The Committee also 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 on persons responsible for accidents involving school children performing hazardous activities, such as firework production, in schools.

Parts III and V of the report form. Labour inspectorate and application of the Convention in practice. In its previous comments, the Committee had noted the ITUC’s allegations that the vast majority of Chinese factories and enterprises do not employ children. However, the ITUC indicated that some employers have sought child labour as the solution to reducing production overheads, although 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 ITUC indicated that child workers can make up some 20 per cent of the workforce in certain industries, such as the firework industry, brick kilns and glass-making factories and the toy production industry. The Committee had noted that, in 2005, on the basis of an extensive promotion of “Provisions on Labour Security Inspection”, various localities strengthened the work of labour security inspection and enforcement in a comprehensive way, efforts were focused on combating the illegal use of child labour and specific examinations on the implementation of the Regulations Banning Child Labour of 2002 were conducted.

However, the Committee notes the comments of the ACFTU contained in the Government’s report that a handful of child labour cases still exist in China. In this regard, the ACFTU urges the Government to make more efforts with regard to law enforcement supervision. Moreover, the Committee notes that, in its concluding observations of 24 November 2005, the Committee on the Rights of the Child expressed concern about the limited public accessibility to reliable and comprehensive statistical data in China and recommended that the State party further strengthen its efforts to collect reliable and comprehensive statistical data (CRC/C/CHN/CO/2, paragraphs 22–23).

The Committee notes the Government’s information that the issue of child labour is dealt with through the investigation of complaints, routine inspections, in-focus operations and annual labour inspection schemes. Since 2006, special campaigns were launched nationwide to supervise the status of labour law enforcement and crack down on illegal employment activities. Furthermore, a comprehensive administrative mechanism on the prohibition of child labour was established jointly by the Ministry of Human Resources and Social Security, Ministry of Public Security, Ministry of Education, the ACFTU, the Central Committee of the Communist Youth League of China and the All-China Women’s Federation. The Committee also notes the Government’s information that a labour supervisory framework, consisting of three-tiered organizations at the provincial, municipal and county levels, has been established. By the end of 2007, this labour supervisory framework consisted of 3,271 organs of labour security and inspection and employed 22,000 full-time labour inspectors. In addition, 28,000 inspectors from the regular system of security inspection were designated as part-time or concurrent labour inspectors in the labour supervisory framework. Furthermore, the Government indicates that, in 2008, the Ministry of Human Resources and Social Security established a specialized Labour Inspection Bureau to provide leadership over labour inspection across China. Finally, the Committee notes that, within the framework of the ILO Decent Work Country Programme 2006–10, it is intended to enhance child labour prevention by, notably, improving cooperation in monitoring and inspections with unions’ participation. The Committee requests the Government to provide information on the number of children who were found working through these various labour inspection mechanisms, as well as extracts from the reports of inspection services. It also asks the Government to provide information on the number and nature of the contraventions reported and penalties imposed.

The Committee is also addressing a direct request to the Government concerning other points.

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

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

Article 6. 1. Vocational training. The Committee had previously noted that, since 1999, China has practiced the Labour Reserve System, organizing the new labour force and other jobseekers for a one- to three-year vocational training and vocational education prior to employment. It had also noted that, according to section 1(2) of the “Opinion on Actively Promoting Labour Reserve System and Quickly Enhancing the Quality of Labourers”, the labour reserve system mainly aims at urban junior and senior middle-school graduates who fail to be promoted to higher levels of schooling and would like to take up non-agricultural work or enter into cities for work. The Committee notes the Government’s comprehensive information on the Labour Reserve System. According to this information, those having obtained professional qualification certificates and training certificates in the framework of the Labour Reserve System will be recommended for employment. Courses for training of less than two years’ duration are taught in four modules: basic qualities; occupational knowledge; professional skills; and social practice. The “Procedures Governing the Implementation of Training under Labour Reserve System” of 2000 defines specific policy provisions on issues such as: target groups of training; certification of institutions; fields of training; recruitment of students; duration of training; content of training. The Committee notes the Government’s statement that from 2002 to 2005 a total number of more than 6 million persons in China participated in training under the Labour Reserve System. The Committee takes due note of this information.

2. Apprenticeship. The Committee had previously requested the Government to provide detailed information on apprenticeship. It notes that the Government’s report contains no information on this point. The Committee reminds the Government that, by virtue of Article 6 of the Convention, the provisions of the Convention do not apply to work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. Such work shall be: (a) an integral part of a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation. The Committee requests the Government to indicate what is the minimum age for admission to apprenticeship and which national laws or regulations contain provisions on apprenticeship. If no age is fixed in the relevant legislation for apprenticeship, the Committee requests the Government to take the necessary measures to ensure that no child under 14 years of age follows an apprenticeship in an undertaking.

Article 8. Artistic performances. The Committee had previously noted that section 13(1) of the Regulations Banning Child Labour of 2002 provides that organizations for performing arts and sports may recruit professional artists and athletes under the age of 16 upon consent from their parents and other guardians. The Committee had noted the Government’s statement that at present procedures have not yet been made for the implementation of this Article. It had requested the Government to indicate any measures taken or envisaged to bring the national legislation into conformity with the Convention on this point. The Committee notes the Government’s information that it is now considering the concrete issues with regard to the special cases such as the recruitment of professional artistic workers and athletes under 16 years. The Committee requests the Government to provide information on any developments in bringing the national legislation in conformity with the Convention on this point.

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

The Committee notes the Government’s report. It also notes the communication of the International Confederation of Free Trade Unions (ICFTU) dated 31 August 2006. It requests the Government to supply further information on the following points.

Article 2, paragraph 3, of the Convention. 1. Compulsory schooling. In its previous comments, the Committee had expressed its concern at the large numbers of children who, in practice, do not attend or who drop out of school before the age of completion of compulsory schooling. It had requested the Government to indicate the measures taken or envisaged to increase school attendance and to reduce school dropout rates, so as to prevent the engagement of children in child labour.

The Committee notes the ICFTU’s allegation that educational opportunities for many of China’s children remain poor especially in the rural areas and with regard to female students and minorities, and in some cases continue to decline, leading to continued or increased motives for child employment. Statistics from the China Education and Research Network reveal that the number of primary schools has decreased and enrolment of both primary and secondary schools has decreased as well. Most crucially, the law fails to guarantee the funding for compulsory education, thus forcing or allowing many schools, particularly those in the impoverished rural regions, to go on collecting tuition fees or charge various miscellaneous fees to their students in the name of voluntary donations. The ICFTU also indicates that You county, from which many child flower sellers (“flower children”) come, was found to have a school dropout rate of 40 per cent among children over ten years old. Increasing school fees were found to be the primary reason for the increase in dropouts and corresponding increase in child workers. Girls, in particular, have high dropout rates.

The Committee notes the Government’s information that, in the latter half of 2005, the State Council decided to deepen reforms of the mechanisms for rural compulsory education funds. In particular, from 2006 to 2010 various levels of government will further allocate 218 billion yuan as fiscal funds for compulsory education in rural areas. In addition, there is an ongoing project to construct boarding schools in the rural areas, which will enable the construction of over 7,700 boarding schools in the western regions of China and guarantee access to education for young children living in the mountainous areas, border areas and minority ethnic groups’ areas. According to the Government, the State puts in huge amounts of funds, practicing the policy of “two exemptions and one subsidy” (exemption from tuition and miscellaneous fees, exemption from textbook costs, and providing boarding and subsistence subsidy) towards school-age children in the phase of compulsory education whose families are in financial difficulties. This policy effectively guarantees that school-age children receive a nine-year compulsory education. In 2005, all students in the stage of compulsory education from poor families in 592 primary counties chosen for the state project of “poverty-relieving for development” were all given exemption from miscellaneous fees, and 3.95 million students from poor families obtained boarding and subsistence subsidies. In 2006, tuition and miscellaneous fees for those in the stage of compulsory education in the rural areas of the west were all exempted (48.8 million pupils benefited from the exemption). Finally, by 2007, tuition and fees for compulsory education will be waived for all of the 148 million pupils living in the rural areas of China. The Committee notes the Government’s information that, as of the end of 2005, the rate of population coverage in areas where the nine-year compulsory education is being universalized has risen from 85 per cent to 95 per cent. The attendance of children of school age in primary schools reached 99.15 per cent; that of junior middle schools exceeded 95 per cent. The dropout rates at primary and junior middle schools were kept below 0.45 per cent and 2.62 per cent respectively.

The Committee is of the view that compulsory education is one of the most effective means of combating child labour and welcomes the important measures that are being taken by the Government to this end. The Committee requests the Government to provide information on the impact of the abovementioned measures, in particular the waiver of tuition and miscellaneous fees for children living in the rural areas, on increasing school attendance and reducing school dropout rates for children living in these areas. Moreover, it asks the Government to continue providing statistical information on school attendance and school dropout rates, in particular in rural schools.

2. Education for migrant children. The Committee notes the ICFTU’s allegations that, according to the hukou system, or household registration, local governments only allocate their resources, such as education, to permanent residents. In other words, migrant workers’ children, who travel with their parents to a city where they have no rights to register as permanent residents, even if they were born in that city, are not allowed to schooling provided by the local governments. It is estimated that some 20 million rural children stay in the cities with their parents and 9.3 per cent of these children officially do not go to school at their mandatory schooling age, which means that at least 2 million migrant children between the ages of 6 to 14 are not receiving education at all. In 1998, the State Education Committee and the Ministry of Public Security addressed the issue by releasing the “Temporary Methods for Migrant Children and Teenagers’ Education”, which allow migrant children to register at local schools by paying temporary enrolment taxes. However, such a method is proving to be unrealistic as most migrant workers are paid at best the minimum wage. This is why, since the mid-1990s, migrants have started to organize and run their own schools. However, there is no guarantee of the quality of teaching in these schools which sometimes are composed of a single class where children from 7 to 14 years of age share the same room and receive the same knowledge. Furthermore, these schools are generally not legitimate educational institutions and cannot issue certificates or send graduates to higher levels of education. The ICFTU points out that only a few cities, like Xiamen, have granted legal status to migrant schools. It also indicates that the report of the United Nations’ Special Rapporteur on the Right to Education condemned China’s record on education, asserting that the central authorities had failed to provide education for children of migrant workers, and complaining of arbitrary school fees that many families cannot afford and a budget which does not provide adequate funding for education. The ICFTU concludes that, as of now, what directly addresses the problem, is a draft amendment of the Compulsory Education Law which is currently being revised by China’s lawmakers. A special provision has been mooted which will add that children of migrant workers are entitled to receive education at the places where their parents and legal guardians work and dwell and requests local governments to ensure that children of migrant workers enjoy equal conditions in obtaining compulsory education.

The Committee notes the Government’s information that it guarantees the right to compulsory education of children of peasant workers and endeavours are being made to support private makeshift schools for children of peasant workers by integrating them into the local educational system and local planning for educational development and including them in the overall school supervision system. It also notes the Government’s statement that it intends to gradually bring these schools into normality rather than simply shut them, leaving the children of peasant workers without schools. The Committee expresses its concern at the situation of migrant workers’ children who do not obtain compulsory education and encourages the Government to take all the necessary measures to ensure that migrant workers’ children receive compulsory education, including through the provision of adequate funds for this purpose. It also requests the Government to provide information on any developments with regard to the adoption of the amendment to the Compulsory Education Law providing for equal conditions for migrant workers’ children in obtaining compulsory education. 

Article 3, paragraph 1. Hazardous work. In its previous comments, the Committee had noted the situation of school children performing manual work at schools, including having to produce firecrackers to compensate for the shortage of funds for their schooling. The Committee had expressed its concern at the situation of children engaged in hazardous work in schools. The Committee notes the ICFTU’s allegations that the fireworks industry in China is a long established industry, employing tens of thousands of people, many from the poorest provinces. Production generally takes place in small factories or village-based workshops. Children have long been used in firework production because of their small and nimble fingers and because of the informal setting of production. It is both the nature of the work – explosives used – and the nature of production – unsafe buildings, clusters of workshops and low fire safety measures – that make firework production an extremely dangerous occupation. The ICFTU adds that, in a survey conducted by the State Administration of Quality Supervision, Inspection and Quarantine, inspecting 120 fireworks’ manufacturing workshops in seven provinces, 36.7 per cent were found defective and creating a high risk of premature explosion. The most recent incident involving child labour and firework production took place on 10 July 2006 when an explosion at an illegal fireworks workshop killed seven workers and injured three others, including a 14‑year-old girl. Before that, on 19 October 2003, following an explosion in a fireworks factory in Dapingling village in Hunan province, a 14-year-old child worker was killed and 11 other workers, of which nine were under the age of 15, were badly injured. The ICFTU points out that the Government has pledged to phase out the use of these small fireworks workshops, but their use remains much in evidence.

The Committee notes the Government’s statement that, on 30 June 2006, several ministries, including the Ministry of Education, issued the “Regulations on the Management of Safety in Middle Schools, Primary Schools and Kindergartens” (MEO23), effective as of 1 September 2006. Section 33 of the Regulations stipulates that schools are not allowed to organize pupils to take part in: activities such as emergency operations that should be the duty of professionals or adults; hazardous activities such as fabricating fireworks or toxic chemicals; and commercial activities. Section 34 states that schools are not allowed to rent school premises or hire other persons for the fabrication and dealings of inflammable, explosive, toxic, harmful or other hazardous substances. Section 62 states that schools that do not fulfil their duties and do not correct their violation within a time limit, are liable to administrative sanctions. Moreover, those whose acts constitute a crime shall be prosecuted.

While taking note of this information, the Committee expresses its deep concern at the situation of children under 18 years of age who, in practice, continue to be employed in work which exposes them to injuries and sometimes even death. The Committee accordingly urges the Government to ensure that the prohibition of hazardous work contained in the recently issued Regulations (MEO23) of 1 September 2006 is strictly enforced in order to protect children under 18 from engaging in hazardous work inside schools. The Committee also requests the Government to provide information on the number of contraventions reported by the safety inspections for the violation of the prohibition of hazardous work contained in the Regulations (MEO23) of 1 September 2006, and the application of penalties in practice.

Parts III and V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the ICFTU’s allegations that the vast majority of Chinese factories and enterprises do not employ children. However, the recent focus on competitive production combined with a poorly regulated labour market and rampant corruption has meant that some employers have sought child labour as the solution to reducing production overheads. 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. In part, this is because most child labour takes place in small private factories which are harder to monitor. In part, however, the lack of reporting is because of a lack of monitoring in general. In fact, the chances of discovery are slim, given the shortage of labour inspectors and the extensive collusion between private business and local officials. The ICFTU indicates that, according to some records, child workers can make up some 20 per cent of the workforce in certain industries. Child labour is found predominantly in local and township level factories, and examples of industries employing children are: the firework industry; brick kilns and glass-making factories; the toy production industry; the textile industry; the construction industry; the footwear industry; the food production industry and light medical work. Children have also been found working in piecework at home and selling flowers in the streets. Geographically, child labour is found in the coastal and richer southern provinces with a higher proportion of private industry and migrants, such as the special export zones. The ICFTU points out that undisclosed information and statistical data on the handling of child labour cases nationwide is considered highly secret, and there is no officially published national data on the extent of child labour and the number of cases prosecuted. The ICFTU also indicates that the fines for child-employing factories remain low in practice. It concludes that statistics concerning child labour should be made available in a transparent manner and be made gender specific in order to be able to effectively address the employment of girls.

The Committee notes the Government’s statement that the Labour Security Administrative Departments, at various levels, conducted compliance supervision in accordance with state laws. In 2005, on the basis of an extensive promotion of “Provisions on Labour Security Inspection”, various localities strengthened the work of labour security inspection and enforcement in a comprehensive way. Moreover, in the third quarter of the year, efforts were focused on combating the illegal use of child labour and specific examinations on the implementation of the Regulations Banning Child Labour of 2002 were conducted. Severe administrative sanctions were taken against the illegal use of child labour and those suspected of being involved in a crime were transferred to judicial organs for prosecution. According to the Government, these actions basically kept the illegal practices of using child labour within limits and the legal rights and benefits of minors were safeguarded. The Committee notes the commentary of the All-China Federation of Trade Unions contained in the Government’s report, according to which in recent years there has been some illegal use of child labour among some non-public enterprises and self-employed entrepreneurs who want to lower costs for profit. Most of the enterprises which illegally use child labour are family workshops, many of which are unregistered enterprises, using their own house or renting a one-household courtyard as a worksite with very poor equipment and living conditions, high work intensity and very long working hours. Most of these enterprises take a “sealed-off” management of the child labourers, who are ordinarily unable to go outside and cannot establish contact with their family members.

While taking note of the Government’s information, the Committee expresses its concern at the lack of child labour monitoring and at the low fines imposed on persons who violate the Regulations Banning Child Labour. It also expresses its concern at the lack of accurate statistical data with regard to the extent of child labour. The Committee strongly encourages the Government to renew its efforts to improve this situation including by undertaking more numerous and efficient inspections in order to reduce the number of children working. It requests the Government to supply, in its next report, statistical data along with supporting documentation on the employment of children and young persons and extracts from the reports of inspection services. It also asks the Government to provide information on the number and nature of the contraventions reported and penalties imposed.

The Committee is also addressing a direct request to the Government concerning other points.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 2, paragraph 3, of the Convention. Age of completion of compulsory schooling. The Committee had previously noted that, according to the Compulsory Education Law of 1986, compulsory education lasts for nine years and children usually enrol in school at the age of 6. In this regard, it had noted that young persons in China seem usually to complete their compulsory schooling at the age of 15. The Committee notes the Government’s statement that China has made great efforts to increase the primary school enrolment rate. It also takes note of the Government’s information that impressive results have been achieved in this regard, in particular, in 2003 the enrolment rate of children of primary school age in China reached 98.65 per cent, the enrolment rate for male and female children being respectively 98.69 per cent and 98.61 per cent. The drop-out rate for primary schools was 0.34 per cent, that for female children being 0.36 per cent. The Committee notes, however, that, according to the report submitted by the Special Rapporteur to the United Nations Commission on Human Rights (E/CN.4/2004/45/Add.1 of 21 November 2003, paragraph 13), "the official statistics on school enrolment conflict with reports of large numbers of children who cannot afford to go to school". As indicated in the report, the private costs of public education are the primary reasons for student drop-outs or non-enrolments. The Rapporteur notes that "the increasing costs of education have created ‘new illiterates’, which was confirmed by the official statistics that placed the number of illiterates in 2001 at 85 million", and the majority of them are girls. The Rapporteur recommended "the monitoring of school attendance, combined with the identification of the reasons for non-attendance and school abandonment, and the collection of data disaggregated by all internationally prohibited grounds of discrimination". The Committee is seriously concerned by the large numbers of children who, in practice, do not attend or who drop out of school before the age of completion of compulsory schooling. The Committee is of the view that compulsory education is one of the most effective means of combating child labour. It accordingly requests the Government to indicate the measures taken or envisaged to increase school attendance and to reduce school drop-outs, so as to prevent the engagement of these children in child labour. The Committee asks the Government to provide information on results attained in this area.

Article 3, paragraphs 1 and 2. Hazardous work and determination of types of hazardous employment or work. The Committee notes the report submitted by the Special Rapporteur to the United Nations Commission on Human Rights (E/CN.4/2004/45/Add.1 of 21 November 2003) following an official mission carried out in China. In this report (paragraph 14), the Rapporteur expressed concern about school children performing manual work at schools, which led to the tragedy, when 42 school children and their teachers were officially reported dead as a result of an explosion in a school on 6 March 2001 in Hebei (Juangxi Province). The reason - children having to produce firecrackers to compensate for the shortage of funds for their schooling - had at first been dismissed as "irresponsible reporting", but another investigation confirmed the facts. The Rapporteur recommended "a comprehensive review of school children’s work at school so as to develop a strategy for its urgent elimination and for the immediate protection of children’s lives, health and safety where they are still obliged to work".

The Committee expresses its concern at the situation of children engaged in hazardous work at schools. In this regard, the Committee reminds the Government that, under Article 3, paragraph 1, of the Convention, no person under 18 years of age may perform any type of employment or work which by its nature or circumstances in which it is carried out is likely to jeopardize his health, safety or morals. The Committee notes that section 3 of the Circular on the Protection of Juvenile Workers prohibits work in mine shafts, at heights, with radioactive, poisonous, flammable, or explosive materials to young workers under the age of 18. It also notes the information given to the Rapporteur at the Ministry of Education and mentioned in her report (paragraph 14) that safety inspections and additional regulations for productive activities at school had been initiated. The Committee therefore encourages the Government to continue its efforts to protect children under 18 from engaging in hazardous work inside schools. It also requests the Government to provide information on the number of the contraventions reported by the safety inspections for violations of the prohibition on hazardous work and the application of penalties in practice.

Article 3, paragraph 3. Admission of young persons to types of hazardous work from the age of 16 years. The Committee had previously noted that, according to section 28(2) of the Law on the Protection of Minors of 1991, any organization or individual that recruits minors between 16 and 18 years of age shall, in respect of the types of jobs, duration of time and intensity of labour as well as protective measures, follow the relevant regulations of the State and may not assign them to any overly strenuous, poisonous or harmful labour or any dangerous operation. It had asked the Government to indicate any regulations adopted in application of these provisions as regards the working-time duration of young workers aged 16 and 17. The Committee notes the Government’s indication that China has not legislated specifically on the working time of minors aged 16 and 17, since their lawful rights in the area of working time are equally protected under the Labour Law as for workers of other age groups. In this regard, the Committee notes that under the terms of section 36 of the Labour Act "a worker may not work more that eight hours a day or more than 44 hours a week on average". The Committee takes due note of this information.

Article 6. 1. Vocational training. The Committee had previously noted that section 37 of the Law on the Protection of Minors of 1991 provides that, in respect of minors who have completed the prescribed length of compulsory schooling and who will not receive education at a higher level, the relevant governmental departments, social organizations, enterprises and institutions shall, in line with the actual conditions, train them in vocational skills and create conditions for their engagement in labour or employment. The Committee had asked the Government to provide information on the vocational programmes available to young persons aged 15 who have completed their compulsory schooling and who do not intend to receive education at a higher level. The Committee notes the Government’s information that for those minors who have completed their nine years of compulsory education but are under the age of 16, in addition to creating conditions so that they can continue to study in senior middle schools, other methods are used to secure their right to education, such as channelling them to vocational and technical schools, providing them with vocational guidance and training, in order to ensure their smooth employment. It also notes the Government’s indication that since 1999 China has practised the labour reserve system, organizing the new labour force and other jobseekers for a one- to three-year vocational training and vocational education prior to employment. It notes that, according to section 1(2) of the Opinion on Actively Promoting Labour Reserve System and Quickly Enhancing the Quality of Labourers, "the labour reserve system mainly aims at urban junior and senior middle school graduates who fail to be promoted to higher levels of schooling and rural junior and senior middle school graduates who fail to be promoted to higher levels of schooling and would like to take up non-agricultural work or enter into cities for work". The Committee requests the Government to provide further information on the abovementioned vocational programmes, in particular, statistical data on the number of children who have completed compulsory education at the age of 15 and attend technical and vocational schools. It also asks the Government to supply information on the types of work and on the conditions prescribed by the relevant competent authorities for any work done by children and young persons as part of vocational or technical education. Finally, the Committee requests the Government to provide a copy of the Opinion on Actively Promoting Labour Reserve System and Quickly Enhancing the Quality of Labourers.

2. Apprenticeship. The Committee had previously asked the Government to indicate which national laws or regulations contain provisions on apprenticeship and to supply a copy of the relevant texts. The Committee notes that the Government’s report contains no information on this subject and therefore once again requests the Government to provide detailed information on apprenticeship, including copies of relevant legislation.

Article 7, paragraphs 1 and 2. Light work. The Committee had previously noted that section 16 of the Decree on Prohibition of Child Labour of 1991, repealed by the Regulations Banning Child Labour of 2002, provided that in poor rural areas where conditions are not yet at hand to implement compulsory junior secondary education, and where there is truly a need for adolescents between the ages of 13 and 15, who have not yet entered junior middle school, to do remunerative and possible supplementary labour, the people’s governments of various provinces, autonomous regions and municipalities under the central Government should draw up necessary provisions according to the practical circumstances, and the type of employment and work involved should be strictly limited. The Committee had asked the Government to indicate if young persons aged 13 to 15, and persons who are at least 15 but have not yet completed their compulsory education, may accomplish light work in conformity with Article 7 of the Convention and if so, to provide a copy of the relevant texts. The Committee notes the Government’s information that section 16 of the Decree on Prohibition of Child Labour of 1991 was revised and that the present Regulations Banning Child Labour of 2002 in force do not avail itself of the exceptional cases allowed under Article 7 of the Convention. The Committee takes due note of this information.

Article 8. Artistic performances. The Committee had previously noted that section 13(1) of the Regulations Banning Child Labour of 2002 provides that organizations for performing arts and sports may recruit professional artists and athletes under the age of 16 upon consent from their parents or other guardians. The said organizations should guarantee the physical and mental well-being of recruited minors under the age of 16 and ensure that they enjoy their right to compulsory education. The Committee had recalled that, under Article 8 of the Convention, permits may be granted in individual cases by the competent authority, after consultation with the employers and workers concerned, and that such permits must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. It had asked the Government to indicate if regulations have been adopted in application of abovementioned section 13 in compliance with these requirements of the Convention and, if so, to supply a copy of them. The Committee takes note of the Government’s information that the procedures in employing professional artistic workers and sportsmen by artistic groups and sports organizations are formulated by social security departments under the State Council together with cultural and sports departments under the State Council. It also notes the Government’s statement that at present procedures have not yet been made for the implementation of this Article. The Committee requests the Government to indicate any measures taken or envisaged to bring the national legislation into conformity with the Convention on this point and to provide copies of the relevant texts once they have been adopted.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that section 4 of the Regulations Banning Child Labour of 2002 provides that, when hiring personnel, employers must check the identity papers of the person to be hired, that minors under the age of 16 should invariably be excluded and that hiring, registration and examination records of employees should be properly kept by employers. It had asked the Government to indicate whether the employment registration records referred to under the above provisions of the Regulations contain the names and ages or dates of births, duly certified wherever possible, of employees under the age of 18, and whether they are to be made available by the employer, in conformity with Article 9, paragraph 3, of the Convention. The Committee notes the Government’s statement that, according to section 4 of the Regulations Banning Child Labour of 2002, "the registration record of the employed personnel and verification materials should be carefully kept by the employing units". It also notes the Government’s information that, in applying this rule, the registration record generally should include the name, age or date of birth and other information of the worker, and as far as possible these should be officially attested. The Committee takes note of this information and asks the Government to provide a model of the register in question, if such exists.

Part V of the report form. Application of the Convention in practice. The Committee notes that the Government has not provided any statistical data on the number of children working. It once again requests the Government to supply information on the application of the Convention in practice, including statistical data on the employment of children and young persons and extracts from the reports of inspection services. The Committee also asks the Government to provide information on the number and nature of the contraventions reported and penalties imposed.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s first and second reports and requests it to provide additional information on the following points.

Article 2, paragraph 3, of the Convention. The Committee notes that section 2 of the Compulsory Education Law of 1986 provides for a nine-year compulsory education system. According to section 5 of the same law, all children who have reached the age of six shall enrol in school and receive compulsory education for the prescribed number of years, regardless of sex, nationality or race. In areas where that is not possible, the beginning of schooling may be postponed to the age of 7. The Committee notes that, according to these provisions, young persons seem usually to complete their compulsory schooling at the age of 15. The minimum age of admission to employment or work specified by the Government in accordance with Article 2, paragraph 1, of the Convention being 16, there appears to be a gap of one year between the age of completion of compulsory schooling and the minimum age of admission to employment or work. The Committee draws the Government’s attention to Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146), according to which full-time attendance at school or participation in approved vocational orientation or training programmes should be required and effectively ensured up to an age at least equal to that specified for admission to employment in accordance with Article 2.

Article 3, paragraph 3. The Committee notes the provisions of section 28, subsection (2), of the Law on the Protection of Minors of 1991, according to which any organization or individual that recruits, according to relevant regulations of the State, minors over the age of 16 but under 18 shall, in respect of the types of jobs, duration of time and intensity of labour as well as protective measures, follow the relevant regulations of the State and may not assign them to any overly strenuous, poisonous or harmful labour or any dangerous operation. The Committee asks the Government to indicate any regulations adopted in application of these provisions as regards the working-time duration of young workers aged 16 and 17.

Article 6. The Committee notes the information communicated by the Government in its report according to which enterprises admitting apprentices should not accept young persons under the age of 16. It asks the Government to indicate which national laws or regulations contain these provisions and to supply the Office with a copy of the relevant texts. The Committee notes that section 37 of the Law on the Protection of Minors of 1991 provides that, in respect of minors who have completed the prescribed length of schooling in terms of compulsory education and who will not receive education at a higher level, the relevant governmental departments, social organizations, enterprises and institutions shall, in line with the actual conditions, train them in vocational skills and create conditions for their engagement in labour or employment. The Committee asks the Government to communicate further information on the vocational programmes available to young persons aged 15 who have completed their compulsory schooling and do not intend to receive education at a higher level.

Article 7, paragraphs 1 and 2. The Committee notes that section 16 of the Decree on Prohibition of Child Labour, issued by the State Council on 15 April 1991, repealed by the Regulations Banning Child Labour of 2002, provided that in poor rural areas where, according to the practical steps taken to promote compulsory education, conditions are not yet at hand to implement compulsory junior secondary education, and where there is truly a need for adolescents between the ages of 13 and 15, who have not yet entered junior middle schools, to do remunerative and possible supplementary labour, the people’s governments of various provinces, autonomous regions and municipalities under the central Government should draw up necessary provisions according to the practical circumstances, and the type of employment and work involved should be strictly limited. While noting that the new regulations do not contain similar provisions, the Committee asks the Government to indicate if young persons aged 13 to 15, and persons who are at least 15 but have not yet completed their compulsory schooling, may accomplish light work which is not likely to be harmful to their health or development and such as not to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received, in conformity with the present Article of the Convention and, if so, to provide the Office with a copy of the relevant texts.

Article 8. The Committee notes that section 13, subsection (1), of the Regulations Banning Child Labour of 2002 provides that organizations for performing arts and sports may recruit professional artists and athletes under the age of 16 upon consent from their parents or other guardians. The said organizations should guarantee the physical and mental well-being of recruited minors under the age of 16 and ensure that they enjoy their right to compulsory education. Regulations concerning the recruitment of professional artists and athletes under the age of 16 by organizations for performing arts and sports shall be developed by the State Council Department for Labour Protection in consultation with the State Council Departments for Cultural Affairs and Sports. The Committee recalls that, under this Article of the Convention, permits may be granted in individual cases by the competent authority, after consultation with the employers and workers concerned, and that such permits must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee asks the Government to indicate if regulations have been adopted in application of section 13 above, in compliance with these requirements of the Convention and, if so, to supply a copy of them.

Article 9, paragraph 3. The Committee notes that section 4 of the Regulations Banning Child Labour of 2002 provides that, when hiring personnel, employers must check the identity papers of the person to be hired, that minors under the age of 16 should invariably be excluded and that hiring, registration and examination records of employees should be properly kept by employers. It notes that section 8 of the same Regulations provides that employers who have not kept employment registration records as provided for in section 4 of the Regulations, or who forge employment registration records, shall be subject to a 10,000 yuan fine from labour protection authorities. The Committee asks the Government to indicate whether the employment registration records referred to under the above provisions of the Regulations contain the names and ages or dates of birth, duly certified wherever possible, of employees under the age of 18, and whether they are to be made available by the employer, in conformity with the present Article of the Convention. It also asks the Government to provide the Office with a copy of the relevant legislative texts.

Part V of the report form. The Committee notes the information communicated by the Government concerning the programmes aimed at achieving universal primary-school enrolment. It asks the Government to communicate information on the progress achieved in this field. It also asks the Government to communicate information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment or work of children and young persons, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.