Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - China (Ratification: 2006)

Individual Case (CAS) - Discussion: 2022, Publication: 110th ILC session (2022)

Written information provided by the Government

The Chinese Government has taken note of the observations made in the report of the Committee of Experts on China’s implementation of the Convention. The Government attaches great importance to the observations and has conducted studies of those observations with relevant departments, local governments and the social partners. A supplementary note is provided as follows:

China’s laws, regulations and practices are fully in line with the principles of the Convention, which is to promote equality of opportunity and treatment in employment. The Chinese Government takes employment as the top priority that serves our people’s fundamental well-being. China adopts a proactive employment policy, which is based on friendly cooperation and equal consultation with social partners, and in coordination with the national economic and social development policies. China gives high priority to workers’ employment rights. A series of policy measures have enabled workers to fully enjoy equal opportunities and treatment in respect of employment and occupation. China has achieved the United Nations Millennium Development Goals (MDGs) and Sustainable Development Goal 1 ten years ahead of schedule. Article 3 of China’s Labour Law provides that “workers shall have equal right to employment and choice of occupation, the right to remuneration for work, to rest and vacations, to protection of occupational safety and health, to training in vocational skills, to social insurance and welfare, to submission of labour disputes for settlement and other rights relating to labour stipulated by law”. The Labour Law has two special chapters on “Promotion of Employment” and “Vocational Training”, specifying detailed requirements. Article 12 of the Labour Law stipulates, “workers, regardless of their ethnic group, race, sex, or religious belief, shall not be discriminated against in employment”. Article 3 stipulates that “workers shall have equal right to employment and choice of occupation, the right to remuneration for labour ...”. The equal right to employment is an important basis for the subsistence and development of workers and is protected by law. Article 3 of China’s Law on Promotion of Employment states, “workers shall have equal right to employment and choice of occupation in accordance with law. In seeking employment, the workers shall not be subject to discrimination because of their ethnic background, race, gender, religious belief, etc.” Article 21 provides that “The State supports the development of regional economy, encourages cooperation between different regions and comprehensively coordinates the efforts for balanced increase of employment in different areas. The State supports ethnic minority areas in their efforts to develop the economy and increase employment.” Article 28 provides that “workers of all ethnic groups enjoy equal rights to work. When an employing unit recruits personnel, it shall give appropriate considerations to ethnic minority workers in accordance with law”. Chapter II, article 4 of China’s Regulations on Employment Services and Employment Management reiterates that workers enjoy equal employment rights in accordance with the law. Workers shall not be discriminated against in employment by reason of ethnicity, race, gender, religious beliefs, etc. Article 20 stipulates that recruitment brochures or advertisements published by employing units shall not contain discriminatory content. Article 25 requires that public employment service agencies provide workers with free consultation on employment policies and regulations, supply and demand information on the job market, career guidance and job introduction services. Article 58 stipulates that employment agencies are prohibited from releasing employment information that contains discriminatory content. On 20 April 2022, the 34th Session of the Standing Committee of the 13th National People’s Congress revised the Law of the People’s Republic of China on Vocational Education, article 5 of which stipulates that “citizens have the right to receive vocational education in accordance with the law”. Article 11 stipulates that “The State implements a system whereby workers receive necessary vocational education before they are employed or take up posts.” The Guiding Opinions on Safeguarding the Labour Rights and Interests of Workers in New Forms of Employment (MOHRSS [2021] No. 56) clearly provides for the implementation of a fair employment system and the elimination of employment discrimination. The Chinese Ministry of Human Resources and Social Security (MOHRSS) will earnestly implement policies for safeguarding the rights and interests of workers in new forms of employment. China’s laws and regulations that explicitly prohibit employment discrimination and guarantee the equal rights of workers to employment have been fully and effectively reflected in judicial practices. In addition to discrimination because of ethnicity, race, gender and religious beliefs, as stipulated in the Labour Law, workers who suffer from discrimination for other reasons may also file lawsuits and obtain relief in accordance with the law. For example, the Hangzhou People’s Court recently heard a dispute case of Yan v. the company on equal rights to employment. The ruling pointed out that workers enjoy equal employment rights according to law, and employers shall not discriminate against anyone when recruiting personnel. In this case, Yan suffered differentiated treatment because of his residential location from the company, which undermines Yan’s right to equal employment opportunity and treatment. Yan’s equal right to employment was violated. Therefore, the company was ordered to pay compensation to Yan for emotional distress, make an oral apology and a public apology through a state-level newspaper.

The laws and practices of the Xinjiang Uyghur Autonomous Region are consistent with the requirements of China’s national legal framework and in compliance with the Convention’s requirements. Just like any other province, region or municipality in China, Xinjiang implements national laws and regulations such as the Labour Law and the Law on Promotion of Employment under a unified national legal framework, follows the principles of equal employment and equal treatment, and facilitates decent work by promoting economic growth that creates jobs. The autonomous region’s subnational administrative regulations, departmental rules, and normative documents are all in line with the principles of national laws and conform to the principles and requirements of the Convention. Employment with higher quality is always a top priority. First, establish an active policy system for the promotion of employment. Xinjiang has enhanced the effective connection between employment policies and economic policies. The local government has comprehensively evaluated their impact on jobs, employment environment and unemployment risks when formulating major fiscal and taxation, financial, industrial, trade, investment and regional policies, and promotes the linkage between economic growth and employment expansion and the coordination between structural improvement and employment transformation. Second, implement supporting policies covering the whole process of employment for all types of workers. To support economic and social development, Xinjiang has adopted a series of measures in accordance with the law to encourage workers to get jobs in enterprises, start their own businesses, take flexible employment and participate in vocational training while providing various public services. Third, implement policies to support employment by encouraging entrepreneurship. Xinjiang has continued to deepen the reform of streamlining administration, delegating power and improving government services, constantly improved the business environment, opened up channels for business start-ups and wealth creation, stimulated and protected entrepreneurship, and encouraged more social entities to make innovations and start businesses. Fourth, provide equal access to employment services. Xinjiang has provided basic public employment services free of charge, including policy consultation, employment and unemployment registration, career guidance and job introduction, skills training, and entrepreneurship training, for both employers and jobseekers to promote equal employment opportunities. The region has promoted the establishment of a unified, open, competitive and orderly human resources market, enhanced the flexibility of market-led employment and the initiative of workers in choosing their own jobs, and promoted the free mobility of workers among regions (including between regions inside and outside Xinjiang and between areas within Xinjiang), industries and enterprises. The local government has established information platforms for monitoring supply and demand information in the human resources market, surveyed and collected information on urgently needed talents, and managed personnel files of mobile workers, and broadened online public service channels. A lifelong vocational skills training system has been introduced for all urban and rural workers to help them improve their employability and ability to start their own businesses. Xinjiang has built an “Internet plus” public employment and entrepreneurship service platform; put in place an information network of public employment services covering urban and rural areas and all kinds of groups; expanded the scope of self-service; promoted online application, processing and feedback sending; and facilitated the use of information technology in employment and entrepreneurship services and the whole process of management to continuously improve the capacity and quality of public employment services. More than half of Xinjiang’s population is made up of ethnic minorities, and it is the basic duty of the Government to protect their rights to freely chosen employment on an equal footing in accordance with the law. The above-mentioned policies in Xinjiang are within the framework of the State’s employment promotion system, which are similar to those in other regions of China. They are implemented after taking into account the overall economic and social development of Xinjiang and are formulated through dialogue and consultation with various government departments and social partners.

Conclusion. Since the ratification of the Convention in 2007, the Chinese Government has deepened cooperation with all stakeholders, including social partners, earnestly fulfilled the requirements of the Convention, continuously improved its legal system, and made positive achievements in ensuring equal employment opportunities and equal treatment for workers. In particular, in promoting and protecting the employment rights of ethnic minorities, rapid development has been achieved in all minority-populated areas, including Xinjiang, which is a well-recognized fact. For instance, in 2018, the United Nations Committee on the Elimination of Racial Discrimination (CERD) affirmed the efforts and achievements of the Chinese Government in fulfilling the International Convention on the Elimination of All Forms of Racial Discrimination. The Chinese Government will continue its unwavering commitment to ensuring equal employment and career opportunities and equal treatment for workers of all ethnicities across the country and is willing to further international labour cooperation on the basis of equality and mutual respect. It should be pointed out that in recent years, under the pretext of “protecting human rights”, a few countries and organizations have openly boycotted and sanctioned products and enterprises from Xinjiang, which is unjustified, irresponsible and extremely wrong, not only depriving all ethnic groups in Xinjiang of the opportunity to work, obtain jobs and receive labour remuneration, but also violating the basic principle of respecting human rights, especially the right to subsistence and development. This violates the basic requirements of the Convention for anti-discrimination, runs counter to the human-centred approach advocated in the ILO Centenary Declaration, and is detrimental to the achievement of the United Nations Sustainable Development Goals by 2030 as well as an inclusive, sustainable and resilient socio-economic recovery. It should be further pointed out that certain materials received by the Committee of Experts fabricated by organizations that openly deny China’s territorial sovereignty and seek to split China’s territory, and some of which even have close ties with terrorist activities. The so-called accusations carry obvious political intentions and are seriously inconsistent with the facts. China welcomes cooperation and dialogue between Member States and the Committee of Experts, which should be based on the principle of respecting state sovereignty and territorial integrity as stipulated in the United Nations Charter. The allegations which are in clear violation of the United Nations Charter should not serve as a basis for the Committee’s concluding observations.

Discussion by the Committee

Interpretation from Chinese: Government representative, Vice-Minister of Human Resources and Social Security – In 2018, as required, the Chinese Government submitted a report on the application of the Convention. In 2020 and 2021, we timely responded on two occasions to the observations formulated by the International Trade Union Confederation (ITUC) on the status of implementation. In August 2021, this Government submitted materials in response to the comments of the Committee of Experts.

We have noted the observations made in the annual report of the Committee of Experts on China’s application of the Convention. Relevant government departments, together with related regions and the social partners, have looked into it carefully and deeply regret that China has been listed among the cases to be reviewed by the Committee. We especially do not understand why it was marked with a “double footnote” by the Committee of Experts. In reality, Chinese legislation is fully in line with the Convention’s provisions on the elimination of discrimination in employment and occupation, which have been effectively implemented nationwide. The Chinese Government wishes to take this opportunity to expand and clarify the situation and re-establish the truth.

The Chinese Constitution, the Labour Law, the Labour Contract Law, the Employment Promotion Law, the Social Insurance Law, the Education Law, the Vocational Education Law and other laws clearly stipulate the respect and protection of labour rights of all citizens, maintenance of workers’ lawful rights and interests and promotion of decent work.

The Chinese legislation provides clearly for equal rights to employment and occupation. Both the Labour Law and the Employment Promotion Law stipulate that workers, regardless of their ethnicity, race, sex or religious belief, shall not be discriminated against in employment. The Employment Promotion Law further prohibits rejection of recruitment on the grounds of being a carrier of infectious diseases, including hepatitis B. The Government, at all levels, has created an enabling environment for equal employment and the elimination of discrimination. Workers from all ethnic groups enjoy labour rights on an equal footing. A number of regulatory documents, including the Regulations on employment services and employment management, the Regulations on the administration of online recruitment services, the Guidelines on the safeguarding of labour rights in new employment forms, all prohibit discrimination against workers on the grounds of ethnicity, race, sex and religion, and provide that the online recruitment information shall not contain discriminatory content, nor should companies establish discriminatory conditions which are unlawful.

Through routine inspections, review of written materials, and receiving complaints, labour inspectors enforce legislation and regulations relating to labour and social security, safeguarding workers’ right to equal employment in accordance with the law.

The Chinese judiciary, through court rulings, sanctions acts that violate the right to equal employment. Every ordinary worker is therefore protected and feels that he or she is being treated with justice and fairness. For example, the Hangzhou People’s Court ruled on the case Yan v. the Company, stating that the employers shall not discriminate against anyone on the grounds of his or her residential location, and ordered the company to compensate Mr Yan financially for moral damages and to make a verbal apology and public apology through state-level media.

By the end of 2020, China accomplished as scheduled the arduous task of poverty alleviation in the new era. All 98.99 million rural poor under the current standard were lifted out of poverty. As the world enters the last decade of the implementation of the United Nations 2030 Sustainable Development Goals (SDGs), China has already achieved the poverty-related goal ahead of schedule. The effect of poverty elimination is particularly remarkable on minority inhabitants or concentrated regions with all of the 31.21 million people lifted out of poverty, which has been made possible for a large proportion of them through employment. The Chinese Government, together with its social partners, has provided skills training and employment guidance to people willing to work but lacking job skills or with limited information channels. They have benefited from basic public employment services, just as the inhabitants of other regions of China, and have managed to emerge from poverty through hard work.

We have taken note of the recommendations made by the Committee of Experts in its observation on the implementation of the Convention in Xinjiang. I hereby would like to pass the floor to the representative from the Xinjiang local government, who will present the true facts on the ground on promoting equal employment and occupation and creating more job opportunities.

Interpretation from Chinese: Another Government representative – I am a Uyghur cadre working at the department of Human Resources and Social Security of Xinjiang. I have worked in employment promotion for a long time, involved both in establishing employment policies and in employment promotion activities. More importantly, I have witnessed how the people of Xinjiang have enriched themselves through hard work.

My home region, Xinjiang, is located close to the north-west border of the country. For a long time, due to natural and historical factors, its economic foundation was seriously inadequate to support employment. Local people suffered from low employability too, leading to relatively low employment rates and very limited income. In recent years, under the guidance of the central Government, the Government of Xinjiang, together with the social partners, has made great efforts to promote equal employment, and effectively ensure the employment rights of workers of all ethnicities in Xinjiang.

First of all, efforts are made to create a fair employment environment. We have established a sound and complete system of employment policy. In Xinjiang, an employment-first strategy and active employment policy are continuously implemented. We have also adopted the Xinjiang Implementing Rules under the Employment Promotion Law, providing a solid institutional guarantee to equal employment rights and conditions. Employment increased consistently from 2014 to 2020. The workforce has increased from 11.35 million to 13.56 million, which is an increase of 19.5 per cent. The annual increase of urban employment was 470,000.

A sound and fair public system of employment services was also established in Xinjiang, which covers both urban and rural areas. Free services provided to both employers and workers include policy advice, employment and unemployment registration, vocational guidance, job referral, skills training and entrepreneurship training, as well as other basic services, aimed at promoting fair employment opportunities. We have given full play to the role of markets in regulating employment and promoting the free movement of workers between regions, industries and enterprises. We have created a public employment and entrepreneurship service platform, “Internet+”, providing workers with convenient employment services, enhancing accessibility, and increasing job opportunities and incomes. Between 2014 and 2020, the per capita disposable income of urban residents in Xinjiang increased from 23,200 Chinese yuan to 34,800 yuan, and the per capita disposable income of rural residents increased from 8,724 yuan to 14,000 yuan.

Moreover, a lifelong vocational skills training system covering all types of people has been established and comprehensively implemented in Xinjiang. It is market- and employment-oriented, including all urban and rural workers, such as enterprise workers, rural workers and groups with employment difficulties in the scope of training, giving subsidies for vocational training, providing skills and opportunities for every worker and constantly improving their employment capability. Through training, workers have mastered at least one employment skill, and the vast majority have obtained professional certificates, vocational skills level certificates or special proficiency certificates, which have significantly improved their employability.

Secondly, efforts have been made to ensure workers’ equal right to employment. In this respect, workers’ willingness is always respected in employment promotion activities. In providing employment services, the Xinjiang Government ensures that workers can work and live independently and comfortably. For this purpose, we conduct regular surveys on workers’ willingness to work, to keep abreast of workers’ needs in terms of their location, position, remuneration and working conditions. Xinjiang government departments extensively contact employers to collect information on job supply and demand, and timely publish it through multiple channels so as to provide information to workers for voluntary employment and free choice of occupation. After fully understanding the employment willingness and training needs of the public, government departments provide more targeted services to meet the specific needs of different workers and strive to achieve a precise match between workers and jobs to increase their satisfaction and employment stability.

Workers’ equal employment rights are effectively guaranteed. The Xinjiang Government takes measures to ensure that workers are not discriminated against based on ethnicity, region, gender, or religious beliefs, nor are they restricted on the grounds of urban and rural areas, where they come from, their industries or status. In terms of ensuring women’s employment rights, the Xinjiang Government has made efforts to remove barriers to women’s equal employment and formulated policies to support the entrepreneurship of women. In 2021, 477,400 new jobs were created in cities and towns, of which 215,200 were for women, accounting for 45 per cent. In terms of safeguarding the labour rights of persons with disabilities, we have made efforts to reinforce vocational training, vigorously developed centralized employment and public welfare jobs, actively promoted employment by quota, as well as encouraging and supporting their multiple forms of employment. By the end of 2021, 181,000 persons with disabilities were employed across Xinjiang, accounting for 58 per cent of the total number of this group of working age.

Great attention is paid to the employment of key groups. The Xinjiang Government focuses on the unemployed young rural labour force, with local jobs close to home as the main channel and encourages and guides the rural workforce to work in towns, enterprises, industrial parks and agricultural cooperatives. The local government actively develops labour-intensive industries, such as textiles and garments, agricultural product processing and other service industries, such as catering, tourism and commerce, to create suitable jobs for them. Xinjiang has consolidated the results of poverty alleviation, with 1.058 million poor workers lifted out of poverty through employment by the end of 2020, and 1.0823 million people out of poverty continued to be employed in 2021. The Xinjiang Government has strengthened assistance services for people with employment difficulties and from zero-employment families, and continuously improved assistance policies to promote various forms of employment, including employment in enterprises, flexible self-employed and entrepreneurship. People with difficulties, such as those who are older or have low skills, and people from zero-employment families in urban areas, were placed in public welfare positions, effectively solving the employment problems for these groups.

Thirdly, the legitimate rights and interests of workers have been safeguarded. Workers’ rights to rest, leave and occupational safety are ensured. The relevant national regulations have been strictly followed with a system of eight working hours per day and 40 hours per week. If an employer needs to extend working hours, it must consult the trade union and the workers themselves in accordance with the law and arrange for time off or pay compensation. Workers are guaranteed the right to statutory holidays and rest days, such as the Spring Festival, Eid ul-Fitr and Eid al-Adha.

Workers’ rights to social insurance are also guaranteed. We comprehensively implement the universal insurance scheme, actively promote and guide key groups, such as employees of micro, small and medium enterprises (MSMEs), internal migrant workers from rural to urban areas, workers with flexible working hours, and those in new forms of employment, to participate in the social security scheme and strive to achieve full coverage.

We further improve the mechanism for protecting workers’ rights and interests. The labour contract system has been fully implemented, with the rights and obligations of employers and workers clarified. We have improved the tripartite consultation mechanism with the participation of representatives of the Government, workers and employers, and actively build harmonious labour relations. We leverage the role of trade unions in safeguarding the legitimate rights and interests of workers. Efforts have also been made to effectively strengthen labour inspection and dispute mediation and arbitration, in order to deal with disputes in a timely manner. We deal with prominent violations of labour laws in accordance with the law, and carry out special supervision of major violations, so as to effectively protect their legitimate rights and interests.

An old Uyghur proverb says: “Crops grow lush and green by rain, while people gain happiness by labour”. In this land of Xinjiang, labour has changed our lives, and created happiness. In the future, through our hard work, the people of all ethnic groups in Xinjiang will have a sweeter life, and more prosperous days, they will realize their potential dreams, and usher in a better tomorrow. We welcome you all to our Xinjiang for a visit and to have a look when such an opportunity arises.

Worker members – The case of China, Convention No. 111, is a double-footnoted case, and China ratified the Convention in 2006. This is a most serious case involving state-sponsored forced labour of an entire population because of its ethnicity and religion. As such, we agree with the decision of the Committee of Experts to double footnote this case.

Freedom from discrimination is a fundamental human right, and the Committee of Experts has explained that freedom from discrimination in employment is essential so that workers can chose their employment freely, in order to develop their full-potential and realize their own aspirations. The Convention requires ratifying partners to adopt a national equality policy to eliminate discrimination. It defines discrimination as “any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation”.

As the Committee of Experts has noted, laws and regulations in China neither provide a definition of discrimination, whether direct or indirect, nor do they seem to cover all aspects of employment and occupation as defined in Article 1(3) of the Convention. The concept of race under the Convention has been determined to apply also to linguistic communities, or minority groups whose identity is based on religious or cultural characteristics, as in this case. Ratifying States do have an obligation to prevent physical, verbal or non-verbal conduct based on race which undermines workers’ dignity, or which creates an intimidating, hostile or humiliating working environment.

Not only is the Government of China failing to promote non-discrimination in employment and occupation, but it is itself actively violating these rights on a massive scale against the Uyghur population. Xinjiang is home to approximately 13 million of Uyghurs and other Turkic and/or Muslim groups. While constituting half the population of Xinjiang, they are a minority population within China as a whole. The Government of China has argued that the Uyghur population constitutes a domestic security threat and has therefore implemented programmes, including so-called poverty alleviation, vocational training, re-education through labour and deradicalization programmes, as a form of collective punishment. A key feature of this programme is the use of forced or compulsory labour of over 1 million people, including in internment camps and prisons in Xinjiang, and in workplaces across the region and the country.

The system is maintained through extensive digital and physical surveillance in the region, with the authorities using pervasive and overlapping systems to closely monitor the population, as well as mass collection of biometric data.

Under the Government’s so called poverty alleviation plan, rural workers are trained to work in manufacturing, including in the textile and garment sector. To ensure that these individuals have the skills required for factory jobs, they are mandated to go through training. This programme is governed through a centralized training centre which focuses on the Chinese language, work discipline and military drills. Any resistance to attend these training centres is seen as a sign of extremism and can result in being sent to re-education camps, thus having that implied threat ever present.

The rural population has resisted incorporation into the manufacturing sector for many years. Thus, it is unlikely that much of the Uyghur population is freely making the decision to join the manufacturing workforce. According to interviews with ex-detainees, minority workers who were part of the poverty alleviation plan were threatened with internment if they refused to work in a garment or textile factory. The practice of forcing these individuals to attend military style training, surveillance of all the members of the community with implicit and explicit threats of being put in detention and being paid less than the minimum wage with no opportunity to leave the employment, is clearly forced labour.

In a separate but parallel policy to China’s Public Poverty Alleviation Plan, the Government has also enacted a Public Re-education Policy. This is an extrajudicial system that operates outside the criminal justice and regular prison systems. Many of the reasons for such detention are because individuals have travelled abroad, applied for a passport, communicated with individuals abroad and pray regularly. Government documents state that released re-educated minorities will be part of the new manufacturing workforce and are expected to assist the Government in meeting its quota requirements.

The Public Poverty Alleviation Plan and the Public Re-education Policy are both organized re-education programmes, whose facilities are internment camps, completed with police stations, high surrounding walls with watch towers, a surveillance and monitoring system and intercom systems generally found in prisons. The re-education programme focuses on military style drills, Chinese language courses and indoctrination with the expectation that individuals will renounce their religion and culture.

Detailed information released just a couple of weeks ago documented the extent and brutality of the internment camps, including a cache with thousands of photos of those who have been held in mass detention programmes. Documents reveal that guards have been given “shoot-to-kill” orders for those seeking to escape. That would be a strange order to give at a vocational training centre, raising doubts about the Government’s claims. Other documents reveal that orders to expand the detention facilities in Xinjiang came directly from the national level.

Some Uyghurs are also within the traditional prison population rather than in the internment system, often for dubious crimes. The Xinjiang Production and Construction Corporation (XPCC), for example, administers its own prison system and factories. The XPCC forces its own prison population to conduct commercial activities, mainly in cotton harvesting and production. The XPCC was the enterprise that established Xinjiang’s cotton industry and some estimates suggest that almost 34 per cent of China’s overall cotton output comes from forced prison labour.

Much of this cotton, produced by prison labour, is absorbed into global supply chains and found in garments worn by people around the world.

The Government also offers incentives to companies to incorporate these Uyghur populations into their operations. Companies that train or employ detainees can receive subsidies. The Xinjiang Government has offered subsidies and inducements to encourage Chinese-owned companies to invest in and build factories around the vocational training compounds. The Government also permits these companies to pay workers less than the minimum wage of the region. These companies have been given five-year tax exemption, subsidies for workers’ training, land, warehouse storage, transportation and electricity.

Tens of thousands of Uyghurs and other ethnic minorities have also been transferred from Xinjiang to factories in Eastern and Central China. This is part of a state-sponsored transfer of labour scheme, marketed as “Xinjiang Aid”. The Xinjiang Aid Scheme allows companies to open up satellite factories inside Xinjiang or hire Uyghur workers for their factories located outside Xinjiang.

Furthermore, factories outside the Uyghur region in the Xinjiang Aid Programme have similar compounds complete with watchtowers, razor wire, barbed wire fencing and so on. The factories that are part of the Xinjiang Aid Programme are suppliers to some of the largest global apparel and technology companies.

The Government of China has for years denied the existence of any form of prosecution of the Uyghur population and has denounced critics as “enemies of China”, but the evidence is overwhelming. Even now, when the United Nations High Commissioner for Human Rights, Michelle Bachelet, concluded her visit to China, she noted that she was unable to assess the human rights situation of the Uyghur people. The Chinese authorities went to great lengths to frame the narrative around her visit. This includes falsely quoting her as “praising China for protecting human rights” which, as her office clarified, was not said.

The scale of this situation is deeply concerning. We deplore the efforts of the Government of China to impose deradicalization responsibilities on employers’ and workers’ organizations. The Government must act in compliance with its international labour and human rights obligations.

Employer members – The Employer members would like to begin by thanking the Government representatives for their comprehensive and relevant comments today before our Committee as well as the written information provided.

By way of background, China has ratified a total of 26 Conventions, including 4 fundamental Conventions, 2 governance Conventions and 20 technical Conventions. China ratified the Convention that we are discussing today in 2006. We note that this is the first time that the Committee of Experts has provided its observations on China’s application of this Convention in law and practice. We also note that the Committee of Experts double footnoted this case. This is our first opportunity to discuss this case in the Committee in a tripartite manner. This occasion coincides with the visit of the United Nations High Commissioner for Human Rights, Michelle Bachelet, who has returned from a recent official visit to China. In her statement, dated 28 May, Ms Bachelet indicated that during her visit she raised questions and concerns about the application of counterterrorism and deradicalization measures in the Xinjiang Uyghur Autonomous Region (XUAR), and particularly their impact on the rights of Uyghurs and other predominantly Muslim and Turkic minorities, who are the subject of the case that we are discussing today.

Furthermore, Michelle Bachelet noted that she was unable to fully assess the scale of the vocational, educational and training centres, and raised with the Government the lack of independent judicial oversight of the operation of the programme.

During her visit, in her statement, she noted that the Government of China gave her reassurance that the vocational, educational and training centres system had been dismantled. In her statement, Ms Bachelet noted that she encouraged the Government to undertake a thorough review of all counterterrorism and deradicalization policies to ensure that they fully comply with international human rights standards and, in particular, that they are not applied in an arbitrary or discriminatory manner.

The Employer members also take note of the fact that, based on Ms Bachelet’s statement, it was agreed to establish a working group to facilitate substantive exchanges and cooperation between her Office and the Government through meetings in Beijing and Geneva, as well as virtual meetings. This working group is stated to be developed to organize a series of follow-up discussions about specific thematic areas including, but not limited to, development, poverty alleviation, human rights, rights of minorities, business and human rights, counterterrorism and human rights, digital space and human rights, judicial and legal protection and human rights, as well as other possible issues.

We trust, as in Ms Bachelet’s statement, that the establishment of the working group will allow the structured engagement of her Office with the Government of China on a number of human rights issues and we look forward to further reports in that regard.

The Employer members recall that Article 2 of the Convention under discussion today requires that each Member for which this Convention is in force undertakes to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof.

In the present case, we note that the Committee of Experts has identified three main issues and, in essence, these three issues include the following: first, the definition and prohibition of discrimination in employment and occupation, which refer to Article 1(1)(a) and (3) of the Convention; allegations of discrimination on the basis of race, religion, national extraction and social origin affecting ethnic and religious minorities in the Xinjiang Uyghur Autonomous Region, which relate to the application of Articles 1, 2 and 3 of the Convention; and finally, the third issue, equality of opportunity and treatment of ethnic and religious minorities, including civil servants, with reference to Articles 2 and 3 of the Convention.

In respect of the first issue, the Employer members note the Committee of Experts’ assessment of the Labour Law of 1994 and the Employment Promotion Law of 2007, indicating that these laws do not provide for a definition of discrimination, either direct or indirect, and that both pieces of legislation do not seem to cover all aspects of employment and occupation, as defined in Article 1(3) of the Convention.

We note that the Committee of Experts has requested the Government to take steps to include a clear and comprehensive definition of discrimination in these laws and to ensure that they cover all discrimination grounds identified in Article 1 of the Convention, in particular race, colour, sex, religion, political opinion, national extraction and social origin.

The Employer members note that it does not appear that the legal structure identified by the Committee of Experts defines discrimination. Therefore, we note that it is necessary to ensure that the definition of discrimination is included in a clear and comprehensive manner, in line with Article 1(1)(a) of the Convention.

Also, the Employer members note that it is important to ensure that the discrimination grounds identified in Article 1, but not yet mentioned in the Government’s labour legislation, specifically colour, national extraction, social origin and political opinion, are explicitly referred to in the respective laws. Also, the Employer members are of the view that it is necessary for the Government to clarify in these laws that prohibited discrimination in employment and occupation also covers discrimination in access to employment and vocational training.

Turning now to the second issue of allegations of discrimination, we note with concern the serious allegations that members of the ethnic and religious minorities in Xinjiang, who belong to the Uyghur and other Turkic or Muslim groups, are targeted on the basis of their ethnicity and religion. We take note of the Government’s explanation of its various regulations and policies on the eradication of poverty without discrimination. We do share the Committee of Experts’ concerns regarding the methods applied and their discriminatory effect on employment and opportunities, as well as the treatment of ethnic and religious minorities in this region.

We take special note of the Committee of Experts’ reference to the United Nations Committee on the Elimination of Racial Discrimination (CERD) and its observations regarding the situation in the Xinjiang Uyghur Autonomous Region. The CERD recommended that the Government undertake prompt, thorough and impartial investigations into all allegations of racial, ethnic and religious profiling. In this regard, the Employer members also note the allegations and information communicated by both the ITUC and the Government on the application of the Convention in this region, as well as the stated government policy in various regulatory and policy documents.

The Employer members take note of the Government’s explanation of its various regulations and policies, including on the eradication of poverty. The Employer members nevertheless must express concern in respect of the methods applied, the impact of the stated government objectives and their direct and indirect discriminatory effect on the employment opportunities and the treatment of ethnic and religious minorities. The Employer members recall that the Convention requires the formulation and adoption of a national equality policy with a view to eliminating any discrimination and defines discrimination as any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation.

Therefore, I will close my opening comments by recalling that Article 3 of the Convention also establishes a number of specific obligations with respect to the design of a national policy to promote equality of opportunity and treatment and the elimination of discrimination in respect of employment and occupation. Parties to the Convention must repeal any statutory provisions and modify any administrative instructions or practices which are inconsistent with this requirement under the Convention.

Interpretation from Chinese: Worker member, China – Observations in certain materials received by the Committee of Experts are not consistent with the real situation in China. China’s Labour Law, Employment Promotion Law and other laws and regulations clearly stipulate that workers have equal rights to employment and choice of occupation and to remuneration for labour. China has also adopted a series of policy measures to comprehensively safeguard equality of opportunity and treatment in employment and occupation. In the course of their formulation and implementation, China’s trade unions and workers have been consulted. Workers in China do feel the effects and benefits of these laws and policies. To safeguard workers’ rights to equal employment and treatment, China’s trade unions have made efforts in several areas:

(1) we promote and participate in legislation by asking for the promulgation of new laws and giving opinions on existing laws;

(2) we supervise law enforcement by carrying out sector-specific inspections or sending reminder notices or suggestion letters to employers;

(3) we also participate in formulating national policies by sending union proposals to the Chinese People’s Political Consultative Conference and giving opinions on the tripartite conference or other national inter-ministerial joint meetings;

(4) in addition, we undertake extensive awareness-raising activities to promote non-discrimination at the workplace.

All these efforts have received strong support and a positive response from the Government. We believe China’s laws, regulations and practices are fully in line with the Convention. We hope that the Committee will take due consideration of our opinions.

Interpretation from Chinese: Another Worker member, China – I am a worker and a union member. In Xinjiang, equal employment and occupation of all ethnicities is protected by the Constitution and the various laws. Our local administrative regulations and policies follow the legal principles of the State protecting the equal rights of workers regardless of their ethnicity or religious beliefs. Companies in Xinjiang sign labour contracts with their employees in accordance with the law, ensuring fair pay, time off, paid leave and social security. In my company, employees are 100 per cent covered by labour contracts. The legislation and practices are in line with the purposes and requirements of the Convention and are in the interest of employees like us.

As an employee from an ethnic minority, I feel safe and secure in life and at work because of the guarantee provided by the Chinese legislation and practices. Take my example, I was born in a poor rural village, dropped out of school after middle-school and could not find a stable job. Later on, thanks to the good policy of the State, the Government offered me many job and training opportunities. Once equipped with the skills, there are a lot more opportunities in terms of choices of sector and companies. In 2009, I was lucky enough to be hired by a company in the energy and chemicals sector. The training I received and the experiences gained at work have made me a qualified furnace worker. Today I have a daughter and a son and I live a happy life. There are many cases like this around me.

Many ordinary workers in Xinjiang firmly believe that it is because of the full guarantee of equal employment and treatment offered by the national legislation and policies that we have managed to enjoy a happy life through diligent work. In Xinjiang, every employee, like me, cherishes his or her job. We also value the opportunities of working in various professions and of receiving training at work. To be honest, we, the ordinary workers in Xinjiang, are really against those unfriendly countries and organizations which have brought difficulties to our companies by imposing unilateral sanctions. As a result, many local companies have cut or stopped production and even gone bankrupt. Many of my worker friends have lost their jobs and incomes. Their families are in difficulties and have trouble making ends meet. This is truly tragic and this is what really deprives us of equal rights to employment and treatment.

I strongly call on the ILO and its Committee to maintain objectivity and impartiality, distinguishing right and wrong, and condemning those countries and organizations for irresponsible acts and the distortion of facts. Through your work, you can help us, the workers of Xinjiang, to truly enjoy equal rights to employment and treatment and to restore stability and tranquillity in our life and at work. This is the aspiration of the grassroots workers in Xinjiang.

Interpretation from Chinese: Employer member, China – It is my pleasure to address the Committee on behalf of Chinese employers. As an employers’ organization representing Chinese enterprises, the China Enterprise Confederation (CEC) is dedicated to guiding enterprises to operate according to the law and to be proactive in fulfilling their social responsibilities.

China’s laws and regulations constitute an important guarantee for the elimination of employment discrimination. They are also a prerequisite as guarantees for the implementation of ILO Conventions. Relevant legal provisions that exist in China provide legal support to the fight against discrimination in employment and profession.

China’s Constitution provides that citizens are equal before the law, and they have the right and duty to work. The Labour Law, the Employment Promotion Law, the Education Law, the Law on the Protection of Women’s Rights and Interests, and the Law on Regional Ethnic Autonomy, as well as local regulation departmental rules, have all addressed the issues of employment and occupational equality.

Section 3 of the general provisions of the Labour Law provides that labourers have the right to be employed and choose occupations on an equal basis, obtain remuneration for labour, take rest, have holidays and leave, receive labour safety and sanitation protection, receive training and professional skills, enjoy social insurance and welfare treatment and submit applications for the settlement of labour disputes and other labour rights, as stipulated by the law.

Section 12 states that labourers should not be discriminated against in employment due to their nationality, race, sex or religious beliefs. The Employment Promotion Law adopted in 2008 devotes a whole chapter to equality in employment. The Law also stipulates that the Government at all levels shall create a fair employment environment, eliminating employment discrimination, formulate policies and take measures to support those who have employment difficulties. In the recruitment process, both employers and employment agencies shall provide workers with equal employment opportunities and fair employment conditions. They shall not engage in any discriminatory acts.

The CEC actively cooperates with the Government in improving business practices by enterprises in compliance with the relevant laws and regulations, and we play an active role in promoting equal employment and in boosting employment through multiple channels and methods. We encourage enterprises to carry out collective consultations and build harmonious labour relations. We urge them to fulfil their social responsibilities to formulate human resource strategies for equal pay for equal work and to eliminate discrimination in the workplace, in order to enhance their competitiveness and sustainable development capabilities. Enterprise confederations in Xinjiang also actively participate in our activities, encourage local enterprises to recruit workers in compliance with relevant laws and regulations, implement policies of equal pay for equal work, and create jobs and promote the local economy and social development.

Since China ratified the Convention in 2007, the CEC has cooperated with the ILO and other international organizations. We have played an important part in organizing training for enterprises and representative organizations, employers’ organizations – even at the enterprise level – to promote the implementation of core ILO Conventions, including the dissemination of the content of Convention No. 111. These activities have played an important role in awareness-raising, implementing sound human resource policies and building efficient and family-friendly enterprises. Furthermore, we have edited and published relevant guidelines and contributed to the establishment of a system for a discrimination-free workplace.

Some of the material received by the Committee of Experts contains allegations that are obvious in their political intent and run counter to the facts. They seem more related to the major issue of China safeguarding national sovereignty, security and territorial integrity. The cooperation and dialogue between the ILO Committee of Experts and Member States should be based on respect for national sovereignty and territory integrity, as stipulated in the United Nations Charter. Xinjiang-related allegations that are inconsistent with the spirit of the United Nations Charter should not become the basis for the Committee of Experts to arrive at its concluding observations.

The Chinese Government adheres to the people-centred approach and strives to achieve development that is of a higher quality, more efficient, more equitable, more sustainable and fairer. We, as Chinese employers, are also willing to contribute more to the country’s economic and social development. At the same time, we are willing to strengthen communication and cooperation with employers’ organizations in various countries in our joint effort to promote sustainable enterprises.

Government member, France – I have the honour of speaking on behalf of the European Union (EU) and its Member States. The candidate country, Albania, and the European Free Trade Association countries, Iceland and Norway, Members of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the promotion, protection and fulfilment of human rights, including labour rights.

We actively promote the universal ratification and implementation of the fundamental international labour Conventions. We support the ILO in its indispensable role of developing, promoting and supervising the application of ratified international labour standards and fundamental Conventions in particular.

The principle of equality and non-discrimination is a fundamental element of international human rights and labour law, as well as at the EU level. Convention No. 111 is the translation of this fundamental human right to the world of work, employment and occupation.

We take this opportunity to discuss the implementation of the Convention in China. We have noted with great attention the report of the Committee of Experts and have listened carefully to the interventions of the Chinese delegation.

During the recent 23rd bilateral EU–China Summit, the leaders discussed the situation of bilateral relations, reviewed areas of shared interest, and explored possible ways of ensuring more balanced and reciprocal trade relations.

In recent years, China has made notable efforts for poverty alleviation and improved access to health and education and, more generally, the social situation of its citizens. We have noted the information provided by the Government and carefully considered the provisions of the Labour Law and the Employment Promotion Law. However, based on the observations of the Committee of Experts, we express our concern at their direct or indirect discriminatory effect on employment opportunities due to inadequate implementation and the methods applied for the achievement of the stated objectives, in particular for persons belonging to ethnic and/or religious minorities in China.

We note the conclusions of the Committee of Experts on the existing normative gaps in the national legislation and we underline the importance of a clear and comprehensive legal definition of “discrimination” (both direct and indirect) that covers all aspects of employment and occupation. We recall that the absence of discrimination is essential for workers to be able to freely choose their employment.

The EU and its Member States continue to be deeply concerned at the apparent discrimination in relation to human and labour rights in China. More specifically, we remain seriously concerned at the situation in the Xinjiang Uyghur Autonomous Region (XUAR), and particularly the existence of a vast network of political re-education camps, the documented use of forced labour, widespread surveillance, the absence of freedom of movement, and systemic restrictions on freedom of religion and belief for Uyghurs and persons belonging to other minorities in the region.

We note with great concern the climate of intolerance, which is conducive to discrimination in employment and occupation and the forced labour of ethnic and religious minorities in Xinjiang, who are assigned to factories in the region and other provinces, including the continuous implementation of the Xinjiang regulation on deradicalization. We fully support the request by the Committee of Experts to amend the respective national and regional regulatory provisions with a view to reorienting the mandate of vocational training and education centres.

We reiterate our call to China to comply with its obligations under the Convention, which requires the Government to ensure equality of opportunity and treatment in employment and occupation for all, including with respect to ethnic and religious groups in China, in particular in Xinjiang, Tibet and Inner Mongolia.

We welcome the decision by the Chinese National People’s Congress to approve the ratification of Conventions Nos 29 and 105 and we look forward to the full alignment of Chinese laws and regulations with these Conventions on forced labour and their effective implementation. We hope that this fundamental step in the protection of all workers will take less time than the effective implementation of Convention No. 111.

The EU and its Member States are ready to further engage with China in bilateral and multilateral forums in its efforts to give full effect to the Convention in relation to discrimination.

If the Committee on the Application of Standards decides to call for a high-level tripartite fact-finding mission, we would see the value of such a mission to support the Government in its obligation to effectively implement the Committee’s conclusions.

Finally, while noting the non-investigative nature of last week’s mission to China of the United Nations High Commissioner for Human Rights, Michèle Bachelet, we regret that her access to independent civil society organizations, human rights defenders and detention centres was restricted. We continue to call on China to provide meaningful, unrestricted and unsupervised access for United Nations special procedures mandate holders, independent international experts, foreign journalists and diplomats to Xinjiang, Tibet and elsewhere in China.

Government member, Canada – I am speaking on behalf of the Governments of Canada and Australia. We thank the Committee of Experts for its report. Canada and Australia share the deep concerns expressed by the Committee of Experts over allegations of employment discrimination, including forced labour practices, affecting ethnic and religious minorities in Xinjiang.

Canada and Australia take the issue of discriminatory policies targeting ethnic and religious minorities seriously, especially their intersection with forced labour and involuntary vocational training. We have actively voiced concerns regarding the situation of Uyghurs and other minorities in Xinjiang in forums such as this one.

Mounting evidence points to systemic, state-led human rights violations by Chinese authorities in Xinjiang, often under the false pretext of countering terrorism and violent extremism. Canada and Australia remain alarmed by the mass arbitrary detentions, forced labour, forced political re-education, repressive surveillance and allegations of torture and mistreatment.

At the same time, we take note of China’s announcement of its ratification of Conventions Nos 29 and 105. We look forward to seeing meaningful steps towards their full implementation, including China’s adherence to the ILO definition of forced labour and its adoption of the Committee of Experts’ recommendations aimed at addressing the concerns raised in its report.

However, noting the seriousness of China’s discriminatory policies, as described in this ILO report and as raised by United Nations Special Rapporteurs, Canada and Australia today call for a high-level tripartite mission to be established and be granted unfettered access to Xinjiang before the next International Labour Conference, with a view to supporting, and reporting on, China’s implementation of Convention No. 111. We urge China to review its policies to ensure equality of opportunities and treatment in employment and occupation, and to repeal or revise its laws and practices of employment discrimination against racial and religious minorities in Xinjiang.

It is incumbent on all Members to end serious and persistent labour rights deficits. We urge all Members to do their part to ensure that the ILO continues to be a leader in addressing major labour rights issues around the world. We hope that China takes the concerns raised here seriously, heeds the recommendations that this Committee will bring forward, and cooperates with the ILO to prevent continued employment discrimination and forced labour practices.

Government member, Sri Lanka – The Government of Sri Lanka welcomes the continuous efforts of the Government of China to ensure effective implementation of the provisions of the Convention. We also commend the recent decision by China to ratify ILO Conventions Nos 29 and 105.

We understand that, since the ratification of the Convention in 2007, the Chinese Government has deepened cooperation with all stakeholders, including the social partners, earnestly fulfilled the requirements of the Convention, continuously improved its legal system, and made positive achievements in ensuring equal employment opportunities and equal treatment for workers.

We note the important steps taken by the Government of China to promote equality of opportunity and treatment in employment through its national labour law provisions and regulations implemented throughout all regions of China, including in the Xinjiang Uyghur Autonomous Region. We support the efforts of the Government of China to ensure the freedom of employment and labour rights of all ethnic groups, including in the Xinjiang region, and encourage an open and constructive dialogue on the implementation of ILO Conventions. We also recognize the establishment of an open and competitive human resources market, as well as the promotion of the free mobility of workers among regions.

We request in this context the Committee to adopt a balanced, technical and objective approach with regard to China.

Worker member, Indonesia – We emphasize our deep concern in respect of the policy and methods applied by the Government of China that have caused discriminatory effects and impacts on the employment opportunities and treatment of ethnic and religious minorities in the country.

We also regret, as the Committee of Experts has noted, that the legislation and policy in China generate a climate of intolerance, which deepens discrimination in employment and occupation. The ethnic and religious minorities in Xinjiang region are not entitled to the same right to be free from discrimination in employment.

The employment-related policies adopted and carried out by the regional and national authorities in the Xinjiang region target ethnic and religious minorities. The vocational training, labour relocation and poverty alleviation programmes have the purpose of deradicalization and ideological conversion of the ethnic and religious minorities. They are backed up by state policies in the context of combating terrorism. The Uyghurs and Muslims are particularly targeted on the basis of race, religion, social and cultural characteristics. This is stated in the Xinjiang Uyghur Autonomous Region Regulation on Deradicalization, as amended in 2018. It is reflected and implemented systematically in the workplans and policies of the regional and national authorities.

The Convention, in its Preamble, affirms that “all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity”. In this regard, we call on the Government to implement the recommendations of the Committee of Experts and review its national and regional policies in order to eliminate any distinction, exclusion or preference which has the effect of limiting access to equal opportunity and treatment in employment and occupation.

We emphasize that the Government has an obligation to respect international labour and human rights standards, as well as the guidance provided by the Committee of Experts in line with its mandate.

Government member, United States of America – The Government of the United States shares the Committee of Experts’ deep concern regarding the People’s Republic of China’s policies towards Uyghurs and members of other ethnic and religious minority groups in Xinjiang. Specifically, the Committee of Experts’ observations highlight discriminatory policies that permit the arbitrary detention of members of these groups ostensibly for re-education. We are also disturbed by policies that incentivize or require businesses and trade unions to engage in such abusive practices.

The People’s Republic of China submitted information in response to these concerns, explaining that its policies are non-discriminatory, voluntary and used to alleviate poverty. However, publicly available People’s Republic of China policy documents and countless victim testimonies, detailing coercive recruitment, limitations of movement and communication, and constant surveillance, instead clearly demonstrate systemic violations of labour and human rights.

Critically, the People’s Republic of China is failing to address the arbitrary detainment of more than 1 million Uyghurs and members of other ethnic and religious minority groups, including approximately 100,000 individuals who may be working in conditions of forced labour following detention in internment camps.

We call on the People’s Republic of China to immediately end its discriminatory policies and abuses against minority groups. To that end, we urge the People’s Republic of China to take effective action to:

- fully implement the recommendations of the Committee of Experts;

- avail itself of ILO technical assistance, including to effectively implement Conventions Nos 105 and 29 following their successful ratification; and

- accept a high-level tripartite mission to further investigate the allegations and provide full and unhindered access, including meaningful, unrestricted and unsupervised access to all relevant organizations, individuals and locations implicated in the system of detention.

The People’s Republic of China’s existing policies and practices are in clear violation of its obligations under Convention No. 111 and the commitments in the ILO 1998 Declaration on Fundamental Principles and Rights at Work. It is our strong view that the Committee’s conclusions merit inclusion in a special paragraph of the report.

Government member, Ethiopia – My delegation would like to thank the distinguished representative of the Government of the People’s Republic of China for his statement on the application of the Convention. We have taken note of the information provided by the Government in relation to the proactive employment policy that it has adopted, based on friendly cooperation and consultation held with the social partners and coordination with national economic and social development policies.

The Chinese Government has also informed this august assembly that, just like all other provinces, regions and municipalities in China, the Xinjiang Uyghur Autonomous Region implements national laws and regulations under a unified legal framework, follows the principles of equal employment and treatment, and facilitates decent work by promoting economic growth that creates jobs.

We are encouraged to hear that these are in line with the principles of national laws and in conformity with the principles and requirements of the Convention. Furthermore, United Nations Treaty Bodies, such as the CERD, have recognized the efforts and achievements of the Chinese Government in fulfilling the Convention on the Elimination of All Forms of Racial Discrimination.

In view of the above, we are of the view that the progressive efforts made so far by the People’s Republic of China are directed towards the full application of the Convention under discussion. In conclusion, we hope that this Committee and its conclusions will take into consideration the critical information provided by the Government and all the constructive comments and discussion that transpired in this sitting.

Interpretation from Russian: Worker member, Belarus – We have listened closely to the comments of the Committee of Experts relating to the application of the Convention by China. We believe that the law and practice in China are fully in line with the principles of the Convention. The measures taken in China by the social partners allow workers to fully benefit from a regime of equality in employment and occupation. There are a number of provisions which clearly bolster the individual’s right to work and employment and it is also clearly noted that regardless of ethnical group, race, gender or religion, no worker can be subjected to discrimination in this area of employment.

In law and practice, the State supports the development of regional economies and encourages cooperation between regions for the development of employment in different regions. The State supports those areas with ethnic populations by developing education and industry and, with regard to the Xinjiang Uyghur Autonomous Region, we also think it is necessary to emphasize the respect for the law of the country and the requirements of the Convention. As in all countries, the regions abide by national laws, follow principles of non-discrimination at work and facilitate decent work through economic growth and the creation of employment. In this situation, we think it is necessary to pay attention to the fact that the social partners in China are focused on economic and social development, securing employment and equality for workers. Other countries and organizations are trying to counter the progress of the State, introducing sanctions and boycotting products from the region of Xinjiang. This not only deprives ethnic minorities of the opportunity to work and be rewarded for their work but undermines the fundamental right to develop and live. This is something that we are hearing in the ILO, which undermines the principles of the ILO and the SDGs. The international community, including the ILO, should listen to the voice of the workers in Xinjiang and defend their rights, including that of equal access to work.

Government member, Cuba – The Cuban Government delegation welcomes the information provided by China. The information provided by the national delegation, which we note provides updates on various matters and shows the will of the Government to continue making progress in its territory in the application of the matters covered by the Convention and in its work with the ILO.

Cuba has placed emphasis on several occasions in the ILO on the importance of allowing governments the necessary time and space to work with the relevant actors within the context of their national legislation and in compliance with their obligations and commitments deriving from ILO instruments. We consider that the employment support and non-discrimination policies implemented in the country, and other related matters, need to be analysed impartially. That must be done in avoidance of politicization and a punitive approach, which do not facilitate our discussions. The ILO has always been a forum for finding solutions and consensus, through broad and inclusive dialogue, in which the views and consent of the countries concerned are essential. We believe in tripartite dialogue and negotiated solutions.

Government member, United Kingdom of Great Britain and Northern Ireland – Following the Committee of Experts’ report on Chinese non-compliance with the Convention, the United Kingdom is deeply concerned about the continued reports of a widespread and systematic programme of forced labour in Xinjiang involving the Uyghur and other Turkic and Muslim minorities. New evidence continues to emerge to reveal the scale and severity of the human rights violations in the region, including from the Chinese Government’s own documents. In order to effectively implement the recommendations contained in the Committee of Experts’ report, we strongly call for the Chinese Government to accept a high-level tripartite mission in Xinjiang.

We urge the Chinese Government to grant all necessary accommodations to enable the mission to carry out its duties in a meaningful and unfettered matter, just as we did prior to the recent visit by the United Nations High Commissioner for Human Rights. We request that this mission be conducted before the next session of the International Labour Conference in 2023.

In addition, we suggest that the Chinese Government avails itself without delay of all available technical assistance to ensure comprehensive compliance with the Convention in law and practice. We request that the Chinese Government provides detailed and complete information on the application of the Convention to the Committee of Experts before its next session in December 2022. Such is the seriousness of this case that we believe that it merits inclusion in a special paragraph in the final report.

Furthermore, we take note of the announcement by the National People’s Congress of the ratification of Conventions Nos 29 and 105. We call on the Chinese Government to officially ratify both Conventions and any accompanying protocols by depositing the legal instruments at the International Labour Office and to take expeditious action to align its laws.

The United Kingdom pays tribute to the Committee of Experts for bringing this serious issue to the attention of the ILC and we call on China to immediately cease its repressive and discriminatory policies in Xinjiang.

Worker member, Ireland – Labour laws in China ban discrimination in recruitment based on race, gender and religious belief. Employers are prohibited from asking female job candidates about their marital and childbearing status, or from demanding pregnancy tests. However, discriminatory recruitment practices remain in both the public and private sectors to unlawfully deprive women and minorities of free choice, equal job opportunities and equal access to remedies.

The Provisions on the Recruitment of Civil Servants of 2019 still require applicants to be between the ages of 18 and 35. In 2020, about 11 per cent of government job postings still specified a preference or requirement for men only.

It is commonplace for working candidates to field intrusive questions in job interviews, such as whether they have or are intending to have children. Under the State’s promotion of the two-child and now three-child policy, it is common to find recruitment advertisements specifying a preference for married women with children, in order to save costs on paying maternity benefits. Ethnic and religious minorities working from the Xinjiang region are recruited systematically by regional authorities to work, without free choice of employment, in coastal provinces. They are made to work and live in factories segregated from others, placed under high surveillance and exploitative working conditions.

Until now, the scope of labour inspection under the Regulation on Labour Security Supervision does not include discrimination related to work and recruitment. It remains at the discretion of the inspection authorities to take action on the complaints filed by victims of discrimination. The labour relocation programmes of ethnic and religious minorities in the Xinjiang region, which seek to deradicalize them, also fall outside the remit of inspection and monitoring.

Letters sent by United Nations Special Rapporteurs to China and more than 150 multinational companies about labour rights in the coastal region pointed to allegations of the denial of access for multinationals to conduct due diligence in these factories.

We are concerned about deficiencies in labour inspection and the inconsistent application of the law and practice to eliminate discrimination in employment and recruitment to all workers.

We call on the Government to bring national and regional laws and practices into compliance with the Convention based on the recommendations of the Committee of Experts.

Government member, Plurinational State of Bolivia – The Plurinational State of Bolivia thanks the distinguished delegation of the Government of China for its presentation on compliance with the Convention, and all the representatives who have taken the floor. We have listened to the information provided on the employment policy adopted by the Government of China, which is based on cooperation and egalitarian consultation with the social partners with a view to the sustained social and economic development set out in the national Labour Law.

The Plurinational State of Bolivia is firmly committed to combating all forms of discrimination and we accordingly emphasize the importance of implementing labour mechanisms and policies for this purpose.

The Chinese delegation has clearly explained the legislative framework adopted in accordance with the principles of equality of treatment in employment for decent work. In recent years, China has made clear efforts to promote national development and growth. The promotion of economic growth that respects the labour rights of all women and men is critical, especially during a period of recovery following the pandemic, which is still present.

We also emphasize that we have heard that, since the ratification of the Convention in 2007, the Chinese Government has developed cooperation with all the social partners and has adopted improvements to promote and protect the labour rights of ethnic minorities. We encourage it to continue with this progress and, in a context of respect for its internal affairs and sovereignty, to promote further constructive dialogue with the ILO.

We also urge the Committee of Experts to avoid the politicization of the ILO and to promote dialogue and agreement with Members, by avoiding disinformation. It is a cause of concern that negative campaigns by certain States are recurrent in various bodies, when our priority should currently be to strengthen multilateralism in response to common problems. My delegation reiterates the importance of broad dialogue with a view to achieving agreed solutions.

Worker member, Germany – I am speaking on behalf of the workers in Germany, Canada, France, the Netherlands and Switzerland. We are concerned at the protection against sex-based discrimination, especially sexual harassment, under the employment-related policies in China, and equal access to the same protection, including for ethnic and religious minorities. Prohibition against sex-based discrimination is provided in labour laws and regulations in China without providing a definition of discrimination.

The new Civil Code covers sexual harassment of both men and women, including the right of the victim to file civil litigation, and the responsibilities of the management to adopt anti-sexual harassment policies. The laws still fail to prohibit “quid pro quo” and “hostile work environment” sexual harassment in all aspects of employment and occupation, including vocational training and job placement. The liabilities of management are unclear.

The equal access to legal remedies for victims, including those under the systematic mass labour relocation programmes for ethnic and religious minorities to work in the coastal province, is unclear without available data. Since 2019, only 18 verdicts out of 110 lawsuits related to sexual harassment that had been filed by victims have been handed down. The victims, who bear the burden of proof, have won the lawsuit in only four cases, yet without being awarded compensation. In the prominent lawsuit of a young female activist against a famous host in a broadcast company, with CCTV of sexually harassing her in 2014 when she was an intern, the case was thrown out of court claiming insufficient evidence in 2021.

On the other side, the victim is also campaigning for sexual harassment victims, yet the authorities continue to censor her and shut down discussions. Many more cases have been driven underground.

We call on the Chinese Government to review national and regional laws in China for compliance with its obligations under the Convention, and to implement the recommendations made by the Committee of Experts to ensure that sex-based discrimination against all workers is eliminated.

Interpretation from Russian: Government member, Belarus – We are grateful to the delegation of China for the exhaustive information provided. It has provided detailed comments on the issues raised, including questions relating to anti-discriminatory practices, as well as issues relating to other legislation.

We note that the Government of the People’s Republic of China takes a systemic approach to improving the economic situation in the country and also to social and labour relations. It does that by encouraging employment throughout the country, including in the Xinjiang Uyghur Autonomous Region. It is important to recognize the achievements of China. It has created a business environment that is conducive to entrepreneurship. It has also encouraged innovation, and this has led to job creation in that part of the country, as well as in other areas. For instance, it has provided free-of-charge services for recruitment in that part of the country. Career guidance services are also available, and it is possible for people to undergo training and upskilling throughout their lives.

Repeatedly then, we have also seen that China has involved international experts to advise on how best to do all this and that there are witnesses to its openness and transparency. We have seen, for instance, that the United Nations High Commissioner for Human Rights recently visited China. We consider that the Government of China is committed to full compliance with the Convention and we note the active and constructive cooperation that exists between the ILO and China.

We therefore believe that the accusations levelled at China about the supposed use of forced labour among certain ethnic minority groups do not in fact give the full picture. When it comes to the way in which economic and social development is taking place in the country, and also when you look at the stability in the Xinjiang Uyghur Autonomous Region, it is clear again that these allegations are not well founded. The accusations do not take due account of the particular features of the region. Sadly, in the way that this issue has been addressed, we are told that, thanks to certain policies followed by the Government, certain things have happened, but we are not told that in fact people have come out of abject poverty thanks to the policies that were pursued. That is something that is very important to note. Therefore, when it comes to the application of the Convention, we believe that China has provided all of the information required to convince us that it is indeed complying with it.

Interpretation from Russian: Government member, Russian Federation – The Russian Federation fully endorses the assessment of the Chinese Government with reference to compliance with the Convention in the Xinjiang Uyghur Autonomous Region, as well as elsewhere in the country. We believe that the information provided describing what is done in the country in terms of the Labour Code and the efforts to promote employment demonstrates that China is indeed ensuring that there can be no discrimination whatsoever against the ethnic group in that area. If we look at the Convention, we see that it seeks to outlaw discrimination, and we do indeed believe that there is no discrimination in China and that there is therefore no reason to accuse it of not being in full compliance with this Convention.

We believe the allegations are unfounded and they do not respect the steps that have been taken within the country in seeking to ensure that there can be no discrimination whatsoever when it comes to employment. We believe that a very objective and partial approach is being taken in levelling these accusations, not recognizing what has been done to create jobs and ensure that people can enjoy better and decent jobs. We believe that we must recognize that what is happening in China is fully in compliance with the Convention.

As for the accusations about the alleged use of forced labour, they are completely unfounded allegations and they are partial and biased. We believe that this is indeed a trend that we are seeing increasingly when certain complaints are made about some countries. We believe this is something that can only undermine the credibility and authority of the ILO. We are supposed to look only at well-founded allegations of violations of human rights and labour rights in this area. We think it is very important to ensure that the ILO takes a properly balanced, impartial and objective approach to the way that it works. We think that it should act solely on the basis of information received from reliable sources, otherwise it will simply find that its position is undermined in the long term.

Government member, Nicaragua – As a member of the United Nations organizations at this 110th Session of the International Labour Conference, we reiterate that it is the duty of all nations to develop friendly relations, in compliance with the principle of equality of duties and obligations imposed by the United Nations Charter, and not to interfere in affairs that are essentially within the internal jurisdiction of States.

The Government of Nicaragua calls on the Committee not to be influenced by policies of lies and disinformation concerning Xinjiang in relation to the implementation of the Convention by the People’s Republic of China.

The respect due to the brotherly People’s Republic of China is well known in relation to the protection of labour rights and the ILO standards supervisory systems. Nevertheless, going beyond their mandate constitutes a clear manipulation and politicization of the international labour system. Nicaragua firmly opposes any form of politicization and other approaches that can prejudice sovereignty or interfere in the internal affairs of the People’s Republic of China.

Interpretation from Arabic: Government member, Egypt – The delegation of Egypt wishes to commend the measures that have been taken by China with reference to giving effect to the Convention. China is doing all that is required to be done in order to undertake the necessary reforms to bring its situation into full compliance with all labour standards. We believe that the ILO should focus on providing the technical assistance that is required by Member States to give effect to international labour Conventions: that is its role and that is what it should be doing.

Government member, Zimbabwe – Zimbabwe has listened attentively to the discussion on the application of the Convention by the People’s Republic of China. From the discussion and the information presented to this august Committee, it is clear that China has made great strides in advancing the welfare of her people through a robust legislative framework and sound economic and labour policies. The information submitted by the Government demonstrates China’s commitment to alleviating poverty among the people by creating decent jobs, building sustainable livelihoods and skills development, among many other initiatives.

This shows that China is a strategic player in the global labour discourse and in promoting social justice in the world of work, as evidenced by the Memorandum of Understanding for strategic partnership, focusing on the four dimensions of the Decent Work Agenda, signed by the Chinese Government and the ILO.

This is also further demonstrated by the information contained on the ILO website stating that “the ILO works with China to disseminate Chinese successful experiences and good practices that could inspire other nations on the way towards poverty eradication and employment promotion”.

The information submitted by the Government of China is a clear demonstration of China’s commitment to fulfilling the objectives of the Conventions that it has ratified, which include Convention No. 111.

The narrations of the allegations seem generalized and not based on facts. My delegation is however confident that the Government of China has the capacity to address the issues in the context of implementing the Decent Work Country Programme. Going forward, Zimbabwe commends China for the programmes being implemented within the context of its Decent Work Country Programme and would like to encourage both the Office and the Chinese tripartite partners to deepen their collaboration within this framework.

Government member, Pakistan – Pakistan appreciates the continuing commitment of the People’s Republic of China to comply with international labour standards, and particularly its implementation of the Convention. It is encouraging that China has taken a number of significant legislative and administrative measures after the ratification of the Convention in 2006.

We are of the view that all Member States should have the necessary space to implement laws and regulations in light of their specific circumstances and sovereign obligations to ensure the well-being of their people. It is the responsibility of every government to create an environment that is conducive to the well-being and welfare of its people. Accordingly, policy measures should be pursued to not only afford equal opportunities, but also to grant positive discrimination to disadvantaged groups so that they have a pedestal to grow and compete with others. This also applies to the promotion of employment and choice of occupation.

It is important to resolve all concerns and complaints amicably in the spirit of tripartite cooperation. It is important to refrain from politicizing the work of the ILO supervisory mechanisms and this Committee. Objectivity is the first victim of politicization, which contravenes the human-centred approach advocated in the ILO Centenary Declaration and reiterated every year, especially in the post-pandemic world of work. We believe deliberations in the Committee should be in line with the spirit of multilateralism and aimed at the application of labour standards in a non-political and objective manner.

Government member, Algeria – The Algerian delegation thanks the Government of the People’s Republic of China for its substantive report on compliance with its commitments through the effective implementation of the provisions of the Convention and supports all its comments.

Algeria welcomes the active employment policy implemented by the Chinese Government, based on dialogue with the social partners, in order to enable workers to enjoy full equality of opportunity and treatment in employment and occupation.

It welcomes the measures taken for balanced employment growth in the various regions and the protection of ethnic minorities. It also commends the labour policies adopted by China with a view to the elimination of all forms of discrimination, by making any such act a punishable offence.

My country supports the efforts made by China to promote economic growth that creates decent jobs by encouraging urban and rural workers to find jobs in enterprises, create their own enterprise and enabling them to benefit from lifelong vocational training with a view to helping them improve their employability and their capacity to create their own enterprises.

Algeria is also convinced that the ILO should take into account the national situation and characteristics of the People’s Republic of China in evaluating the application of international labour standards and contribute through technical assistance to enabling China to reinforce its capacities to combat discrimination and take measures to achieve decent work for all workers.

Government member, Burundi – The delegation of Burundi takes due note of the report of the Committee of Experts, the statement made by the representative of the Chinese Government and the written information provided. We appreciate the commitment and continuous efforts of the Chinese Government to give effect to ratified Conventions. We note the explanations provided by the Government concerning the various regulations and policies, particularly in relation to employment and the eradication of poverty without discrimination.

We wish to draw the attention of the Committee to the fact that the laws, regulations and practices in China are in conformity with the principles of the Convention, which is intended to promote equality of opportunity and treatment in employment, and that the law and practice in Xinjiang are in conformity with the requirements of Chinese national legislation. We welcome the tangible measures taken by the Government to protect the right to equality in employment and the treatment of all types of workers everywhere, including in Xinjiang.

We welcome the efforts made by the Chinese Government to cooperate with all stakeholders, including the social partners, in order to give effect to the obligations deriving from the Convention. It is very important for the Committee of Experts to treat the case with total neutrality. Any other approach would be contrary to the achievement of social justice, which is the ILO’s ultimate objective.

We are fully convinced that the Government will continue its efforts and will make further progress in the implementation of its obligations deriving from ratified Conventions. In conclusion, we hope that the Committee will take into account in its conclusions the important information provided by the Government of China and all the constructive comments and discussions during this sitting.

Government member, Cambodia – My delegation takes note of the report of the Committee of Experts and the details presented by the Government of China.

Cambodia believes that the enduring strength of all human rights mechanisms lies in even-handed approaches based on transparency, objectivity and impartiality, as well as in full adherence to the principles of sovereign equality, territorial integrity and non-interference, which are well enshrined in the United Nations Charter. This agenda must be addressed through a genuine dialogue-based approach with non-confrontation, non-politicization and non-selectivity, based on verified sources of information and bearing in mind the national particularities of each country.

We welcome China’s measures and achievements in observance of the Convention. China has demonstrated its willingness to work towards ensuring equal employment opportunities in accordance with international labour standards. In addition to its legislation, the adoption of a proactive employment policy, in consultation with the relevant stakeholders, and a series of policy measures have contributed to the enjoyment of equal opportunities and protection against discrimination.

China has also deepened its cooperation with all stakeholders, earnestly fulfilled the requirements of the Convention, continuously improved its legal system and made positive achievements in ensuring equal employment opportunities and equal treatment for workers.

To conclude, China’s efforts and achievements in assisting its people, including all ethnic groups, to acquire skills and access to satisfactory employment of their own free will have resulted in substantial poverty alleviation. China’s attainment in lifting the population out of poverty in its territory, including in Xinjiang, and meeting the target of Sustainable Development Goal No. 1 ten years ahead of schedule should be recognized.

Interpretation from German: Government member, Germany – Germany aligns itself with the statement of the European Union and its Member States. We thank the independent Committee of Experts for its thorough analysis.

The principle of equality and non-discrimination is a fundamental principle of international human rights. The Convention applies that fundamental principle to the world of work.

We are deeply concerned about labour and employment provisions and their application in China relating to ethnic and religious minorities which discriminate against them. According to the Committee of Experts, there is a climate of intolerance allowing for discrimination in employment and occupation, as well as providing fertile ground for forced labour. We call on the Chinese Government to review its policy in Xinjiang, a minority policy which is based on discrimination, repression and mass internment. We renew our call to China to honour its obligations under national and international law and observe and protect the rights of all ethnic and religious groups.

We have in many forums, together with our EU and G7 partners, expressed our deep concern at the Uyghur and labour rights situation in Xinjiang. In the past year in Germany, the law on the duty of care in the supply chain has been adopted, which makes it obligatory for enterprises established in the country to identity, prevent and counter human rights violations in the supply chain. We are also working across Europe to ensure a ban on imports produced using forced labour.

International cooperation is essential, and Germany is working worldwide to ensure that human rights, which are an essential part of the rules-based order, are protected. China ratified Conventions Nos 29 and 105 in April 2022. We ask for these to be fully transposed into law in China and we are ready to work with the Chinese Government at any time.

Government member, Bolivarian Republic of Venezuela – The Government of the Bolivarian Republic of Venezuela gives thanks for the presentation by the distinguished delegation of the Chinese Government on compliance with the Convention. China has emphasized that employment is the principal priority for the well-being of its people, and in this regard its employment policy is proactive and respects the rights of workers at the national level, including in the Xinjiang region.

We emphasize, as indicated by the Government, that China has achieved the MDGs and SDG1 ten years earlier than called for by the United Nations.

Moreover, the Government has provided full explanations on the provisions and compliance with the Labour Law in China, which prohibits discrimination, taking into account that equality of rights in employment and occupation are an important basis for the subsistence and development of workers. As the Government has also explained, in China the labour market and initiative in choosing jobs are promoted, and there is free movement of workers between regions, including regions within and outside Xinjiang.

We welcome the fact that in its 2022 report the Committee of Experts has explicitly noted the progress reported by China in relation to the equality of opportunity and treatment of ethnic and religious minorities.

As always, we call for the ILO supervisory bodies to refrain from political considerations which have no place in its comments and undermine its seriousness and credibility, and moreover harm the noble objective of our Organization by interfering in the sovereignty of States. Finally, the Bolivarian Republic of Venezuela hopes that the Committee’s conclusions will be objective and balanced so that the Government of China continue making progress and strengthening compliance with the Convention throughout the country.

Government member, Japan – First, Japan would like to express our gratitude to the Office and the Committee of Experts for their efforts in pursuit of the principles enshrined in the ILO Constitution.

Japan places great importance on maintaining and strengthening the international order, which is based on universal values and rules, such as freedom, democracy, human rights and the rule of law. We are determined to work extensively for this, through our efforts to address international human rights issues.

Japan is seriously concerned at the human rights situation in the Xinjiang Uyghur Autonomous Region, which is pointed out in the Committee of Experts’ report. As a responsible member of the ILO Governing Body, Japan strongly expects the Chinese Government to provide the necessary explanations to the Office and all ILO constituents. As previously stated by other Member States, we request the Chinese Government to address in good faith the points raised in the Committee of Experts’ report and to address accountability and improvement by providing, in consultation with the social partners, detailed and complete information to the Committee of Experts before the next session of the Conference in 2023. We strongly urge the Committee to decide to include this case and its conclusions in a special paragraph of the report.

Last but not least, we strongly expect the Chinese Government to follow the procedure adopted by this tripartite structure.

Government member, Islamic Republic of Iran – We would like to express our gratitude for the comprehensive and detailed information shared by the Government of China with regard to the latest developments in the application of the Convention, as well as the information requested and replies by the Committee of Experts. We particularly take note of the information provided regarding the regulatory and normative environments safeguarding the equal rights of all to employment and decent work.

The Islamic Republic of Iran attaches great importance to the Government of China’s achievements in economic and social development, poverty eradication and its high standing in the global economy. We commend China’s people-centred approach and policies, particularly in the alleviation of poverty in the Xinjiang region, and we believe that all of this has been achieved with the support and satisfaction of the people and based on social dialogue and tripartism.

At a time of rising global poverty as a result of the COVID-19 crisis, my delegation believes that the successful implementation of poverty eradication programmes based on youth empowerment merits due attention by the Committee’s distinguished members.

Government member, New Zealand – New Zealand thanks the Committee of Experts for its report. Discriminatory policies that target ethnic and religious minorities are a major issue globally and constitute a violation of the rights enunciated by the Universal Declaration of Human Rights. The New Zealand Government takes this issue seriously and is committed to helping eliminate all forms of discrimination both in New Zealand and abroad.

New Zealand continues to have grave concerns about the growing number of credible reports of human rights violations taking place against Uyghurs and other ethnic and religious minorities in Xinjiang. New Zealand has been consistent in calling for China to allow meaningful and unfettered access to Xinjiang for independent international observers, including the United Nations, for some time. In line with this, New Zealand supports calls for a high-level tripartite mission in Xinjiang, to be undertaken before the next International Labour Conference in 2023.

We would like to take this opportunity to acknowledge and welcome China’s announcement that it will ratify Conventions Nos 29 and 105. We look forward to seeing China take meaningful and concrete steps to implement the Conventions to their fullest extent and ensure that its policies and practices guarantee equality of opportunity and treatment in respect of employment and occupation.

We recall that freedom from discrimination is a fundamental human right and is essential for workers in order to choose their employment freely, develop their full potential and reap economic rewards on the basis of merit. As Members of the ILO, it is incumbent on all of us to ensure we are setting an example by upholding fundamental labour rights to the highest possible standard.

Government member, Lao People’s Democratic Republic – The Lao People’s Democratic Republic thanks China for the comprehensive presentation on the implementation of the Convention. My delegation commends China’s tireless efforts and achievements in implementing the Convention, such as deepening cooperation with all stakeholders, including the social partners; fulfilling all the requirements of the Convention; continuously improving its legal system; ensuring equal employment opportunities and equal treatment for workers; and promoting and protecting the employment rights of marginalized groups of people and ethnic minorities, including in the Xinjiang region, among others.

Moreover, we are heartened to witness that the Chinese Government attaches great importance to fulfilling all the obligations of international labour Conventions ratified by China and cooperating closely with the ILO’s Office and standards supervisory bodies in preparing and submitting the requested information and replies.

In conclusion, the Lao People’s Democratic Republic strongly believes that the standards supervisory system of the ILO should carry out its mandate based on genuine dialogue and cooperation and should remain free from the politicization of the issues that are not under the mandate of this Committee or the ILO.

Government member, Switzerland – In the first place, Switzerland conveys its deep concern at the human rights situation in the Xinjiang Uyghur Autonomous Region. Credible reports indicate the existence of a vast network of political re-education camps in which over 1 million persons have been arbitrarily detained. We have seen a growing number of reports of generalized and systematic violations of human rights. Severe restrictions are imposed on freedom of religion and belief and on the freedoms of movement, association and expression, as well as the Uyghur culture.

The Uyghur and members of other minorities continue to be targeted in a discriminatory and disproportionate manner by generalized surveillance. The observations of the ITUC describe an extremely worrying situation of discrimination against them.

Switzerland shares the concern expressed by the Committee of Experts with regard to the methods adopted, the impact of the stated objectives and their discriminatory effect on the employment opportunities and treatment of ethnic and religious minorities in China. While awaiting the closure of the political re-education centres, Switzerland calls on China to respect the rights of persons belonging to ethnic and religious minorities and to ensure the freedom of choice of work and vocational training of the Uyghur and other ethnic minorities when they seek employment.

Finally, Switzerland calls on China to adopt a national equality policy with a view to eliminating any discrimination based on race, colour, sex, religion, political opinion, national extraction and social origin, as required by Article 2 of the Convention, and to give effect to the recommendations of the Committee of Experts.

Observer, International Trade Union Confederation (ITUC) – Forced labour is modern slavery and it is not acceptable anywhere. The facts are clear. More than 1 million of the Uyghur people are exposed to state-sponsored forced labour and discrimination in China. The Chinese Government has justified this serious and grave violation of human and labour rights by declaring the Uyghur population a domestic security threat. On the basis of that threat, the Chinese authorities have developed and are implementing the various programmes you have heard about, so-called “poverty alleviation”, “vocational training”, “re-education through labour” and “de-extremification” programmes”. A key feature of these programmes is the use of internment camps and prisons in Xinjiang, and in workplaces across the region and the country. The programmes are maintained by massive digital and physical surveillance. This collective punishment of the Uyghur people and other Turkic and Muslim minorities in China simply must end. Justifying this treatment under the guise of providing subsistence and development as part of meeting its human rights and employment obligations is simply absurd. The facts are clear, and they do not support this claim of the Government.

The Chinese Government has also accused the ITUC of political motivation. Yet, the reality is that the Government does not contradict the information provided in the Committee of Experts’ report. The Government rather justifies its discriminatory programmes and policies in the way that we have indicated. In any case, the evidence on this matter is overwhelming and it comes from victims’ testimonies, not just media reports. Also, other civil society organizations and the United Nations human rights system have raised serious concerns. I am at the World Justice Forum and I have spoken to Uyghur representatives here: I can tell you that we are standing against oppression.

It is time for the Government of China to take seriously its international human rights obligations. I know it can. I know China can make change. It must implement the recommendations of the Committee of Experts. Discrimination against a minority population, imposing collective surveillance and punishment on this group and others, forcing them to work, punishing them with reduced wages, forcing them to learn languages and to recant their religion and, of course, forcing trade unions and employers’ organizations to perform deradicalization duties, is simply contrary to China’s human rights obligations. China, I plead with you: end the forced labour and discrimination of the Uyghur people. I know that this would make a huge difference. If you work with the ILO, if you work with us and the employers, we can actually support progress. But right now, this is an extremely worrying case and, in a developed nation with the wealth that you have, it is not acceptable anywhere but particularly in your country, where you are making progress in other areas.

Interpretation from Chinese: Government representative, Vice-Minister of Human Resources and Social Security – I have just heard statements by many tripartite representatives who have shown understanding of and support for China and its policy measures. Their evaluations are both objective and factual, for which the Chinese Government expresses appreciation and gratitude.

We also believe, at the same time, that some made unfounded allegations, which we strongly object to, such as the ITUC and a number of delegates. Some representatives have even failed to follow basic procedures of the Conference, turning such a solemn forum into a platform for political show. Their statements are irrelevant to our discussion today and groundless, to which we express our strong objection.

Right now, I would like to invite my colleague from Xinjiang to clarify certain facts.

Interpretation from Chinese: Another Government representative – I am from the Xinjiang public employment service centre. I was born and grew up in Xinjiang. Here, I would like to respond to some of the questions raised.

Firstly, it concerns the so-called forced labour in Xinjiang, which I do not understand, because forced labour has absolutely nothing to do with our current review at this Committee. Nevertheless, I wish to briefly respond to this issue. China’s Labour Law, Labour Contract Law, Employment Promotion Law and Labour Inspection Regulations, as well as other laws and regulations, all clearly prohibit forced labour. Workers’ rights and interests are protected by punishing the practice of forced labour and prosecuting those guilty of such practices according to the law. As a matter of fact, there is no so-called forced labour in Xinjiang.

In recent years, under the pretext of protecting human rights, some countries and organizations have boycotted Xinjiang products and sanctioned Xinjiang enterprises by alleging the existence of forced labour. As a result, Xinjiang workers, especially those from ethnic minorities, cannot find jobs, lose the means of earning a living and run the risk of falling back into poverty. Such situations restrict the employment opportunities of Xinjiang workers, especially minority workers, which is tantamount to employment discrimination and violate the basic requirements of anti-discrimination in the Convention. It also runs counter to the people-oriented concept, as advocated in the ILO Centenary Declaration. It certainly does not contribute in any way to an inclusive, sustainable and resilient social economic recovery.

My second point is on the so-called “re-education camp”. Let me point out that the so-called “re-education camp” or the “internment camp” does not exist. There was a time when terrorist activity brought tremendous harm to the normal productive life of the people in Xinjiang. In the fight against terrorism and deradicalization, the Government established – according to the law – vocational and educational training centres. There is no difference in essence between the deradicalization centre, community corrections centre and transformation disengagement programmes in many countries. They are by no means so-called re-education camps.

In October 2019, all students had graduated from those training centres. Let me point out that the education training centre has improved the students’ ability to use the national common language and employability and has enhanced their patriotic feeling, civic awareness and knowledge of the rule of law. Some of the graduates have decided to apply for jobs of their choice, others chose to set up their own businesses and some have found jobs with the help of the Government. In short, all are living a stable life.

The third issue is about deradicalization. Extremism destroys religious harmony, creates ethnic hatred and is tremendously harmful to social harmony and stability. Let me ask all delegates present. In your country, would anyone be allowed to incite ethnic hatred? Those who blind their eyes on purpose and defend terrorists, please reflect on yourselves. Hatred and terrorism would not be allowed in any country. Please do not practice double standards.

Furthermore, regarding the policy of employment transfer, Xinjiang workers have the right to go to other parts of the country. Let me say this, workers throughout China are free to decide where to seek jobs and Xinjiang workers are no exception. Xinjiang has set up a complete system of public employment services, through which information on vacant posts and remuneration and other employment advice are provided free of charge. The right to free choice and personal preference is fully respected and under no circumstances is anyone obliged to take up a political job or a job at a particular location.

Finally, with regard to the interventions of Canada and Australia, let me say this: you are not in a position to represent justice. In Canada and Australia, there was a time when millions of aboriginals were living there. Two hundred years have passed; today, where are their descendants? Science has progressed, but their population, however, has diminished to the point of being negligible. They are actually living at the rock bottom of society, subject to poverty and discrimination.

To the distinguished Ambassador from the United States, please, first and foremost, ask your Government to ratify the Convention.

Interpretation from Chinese: Government representative, Vice-Minister of Human Resources and Social Security – Employment is pivotal to people’s well-being. Employment provides essential support for economic development. The Chinese Government always adheres to the people-centred approach by prioritizing employment among economic and social development. Through the promulgation and implementation of a series of laws, regulations and policy measures, the Chinese Government has effectively guaranteed that workers fully enjoy equal employment rights, equal employment and occupational opportunities and equal treatment.

Since its ratification of Convention No. 111, the Chinese Government, working closely with the social partners, has in earnest turned into practice various provisions of the Convention. China’s achievements in promoting fair employment and protecting labour rights and interests are obvious to all.

All the areas inhabited by ethnic minorities in China, including Xinjiang, have achieved rapid economic and social development. China met the poverty reduction goal of the United Nations 2030 Agenda for Sustainable Development ten years ahead of schedule. In 2018, the United Nations Committee on the Elimination of Racial Discrimination affirmed the Chinese Government’s efforts and achievements in implementing the International Convention on the Elimination of All Forms of Racial Discrimination.

The Chinese Government will continue to implement the employment promotion policy with the people-centred approach in order to further achieve employment of higher quality. In the 14th five-year Social and Economic Development Plan, employment promotion is clearly included as an integrated part of the macro strategy. We have always prioritized employment promotion and economic and social development, which are important safeguards of people’s livelihoods. Employment stabilization and expansion is thus a priority goal for macro control.

Another point is the promotion of equality of opportunity for employment, which is essential to unlock social mobility channels and to make the most of the labour force and of talent. Further efforts are to be made to eliminate employment discrimination based on ethnicity, race, gender and other characteristics. All rights have to be protected, and special measures are taken to protect women’s rights. For example, supportive measures are continuously taken to enable women whose employment has been interrupted because of childbirth to retain their jobs. Any complaint of discrimination is handled according to the law. With 746 million people in employment, China has made an outstanding contribution to the global employment landscape. I sincerely invite all of you to visit China, take a look and feel the power of the people in the ethnic minority areas, including in Xinjiang. We are committed to the sustained implementation of Convention No. 111.

We reject prejudiced, irrelevant remarks and groundless accusations, we also strongly reject the request for a tripartite mission made by certain representatives. I would like to invite all of you to come to Xinjiang and to see for yourselves that the people have realized their self-growth, increased their family income and are living happy lives through productive employment. My Government is ready to maintain communication with the Committee of Experts on relevant issues.

Worker members – The Government of China is reported to be detaining more than 1 million Uyghurs and other Muslim minorities in prisons and internment camps in Xinjiang because of their ethnicity and their religion. Ethnicity and religion cannot be grounds for unequal treatment and this falls under the scope of the Convention. Despite the Government’s outright denials of the existence of internment camps and the use of forced labour of Uyghur workers in detention, there can be little doubt of a centralized programme of forced labour on a massive scale based on the religious and ethnic identities of the victims. This cannot continue one day longer.

I must repeat that no one here is against China. What we are deeply concerned about is the policy of a specific government which violates the core principles of this Organization and the obligations it has freely undertaken, as a valued Member of the ILO.

We do take note that the Government of China is planning to deposit the instruments of ratification of the two forced labour Conventions, Conventions Nos 29 and 105. This is welcome and must be pursued with the technical assistance of the Office to give full effect to Convention No. 111. This means ending the unequal treatment of an entire population and enabling that population to pursue its freely chosen employment. Deliberate government policy is urgent to prevent further irreparable harm against the population.

In light of the foregoing, we urge the Government of China: to immediately cease the use of all forced labour of the Uyghur population; to immediately cease the harassment of the Uyghur people, including physical, verbal, or non-verbal conduct based on their ethnicity and religion; to adopt national and regional policies with a view to eliminating all distinction, exclusion or preference leading to inequality of opportunity and treatment in employment and occupation, particularly with regard to the Uyghur population; to repeal regulations and other policies that impose deradicalization duties on enterprises and trade unions and prevent enterprises and trade unions from playing their respective roles in promoting equality of opportunity and treatment in employment and occupation; to amend national and regional policies with a view to ensuring that activities of vocational guidance, vocational training and placement services serve the purpose of assisting ethnic and religious minorities in the development and use of their capabilities for work in their own best interests and in accordance with their own aspirations; to amend national and regional regulatory provisions with a view to re-orienting the mandate of vocational training and education centres from political re-education based on administrative detention; to repeal the 2019 white paper on vocational education and training in Xinjiang; and to bring its legal framework into line with the Convention, including the prohibition of all forms of sexual harassment and violence.

We urge the Government of China to avail itself of technical assistance in order to meet the obligations of the Convention.

We heard several calls for a high-level tripartite mission and the Worker members can support these calls so that the full scale of the problem is exposed and the appropriate assistance provided.

Employer members – The Employer members have listened very carefully to the positions of all participants in the discussion today of China’s application of the Convention, both in law and practice.

In this regard, we positively note China’s stated intention to deposit the instrument of ratification of Convention No. 29. We also positively note the submissions of the Government representative in respect of the willingness of China to welcome the visit of the ILO to better understand the situation on the ground in China with respect to the issues raised.

We also positively note the Government representative’s openness to continue dialogue and engagement with the ILO.

The Employer members, having duly considered the information included in the Committee of Experts’ observations and the submissions of the participants today, and having carefully considered the information provided by the Government in response to these serious allegations, would propose the following. We would encourage the Government to include a clear and comprehensive definition of discrimination in its labour legislation, in consultation with the most representative employers’ and workers’ organizations; to review its national and regional policies with a view to eliminating any distinction, exclusion or preference which has the effect of nullifying or compromising equality of opportunity and treatment in employment and occupation so as to come into line with its obligations under Convention No. 111.

Further, the Employer members recommend that the Government repeal provisions in the Xinjiang Uyghur Autonomous Region that impose deradicalization duties on enterprises and trade unions and prevent enterprises and trade unions from playing their respective roles in promoting equality of opportunity and treatment in employment and occupation without discrimination based on race, national extraction, religion or political opinion.

The Employer members recommend that the Government revise national and regional policies with a view to ensuring that the activities of vocational guidance, vocational training and placement services serve the purpose of assisting ethnic and religious minorities in the development and use of their capabilities for work in their own best interests and in accordance with their own aspirations, account being taken of the general needs of society.

The Employer members recommend that the Government amend national and regional regulatory provisions with a view to reorienting the mandate of vocational training and education centres from political re-education based on administrative detention towards the purposes set out in Article 3 of the Convention so that it is focused on the promotion of equality of opportunity and treatment in employment and occupation without discrimination.

The Employer members also recommend that the Government provide information on the measures taken in observance of the policy to promote equality of opportunity and treatment in the vocational training activities carried out in Xinjiang’s vocational training and education centres.

The Employer members recommend that the Government provide information on the measures taken to ensure observance of the policy to promote equality of opportunity and treatment specifically for the Uyghur minority and other ethnic, Turkic or Muslim minority groups when seeking access to employment, both inside and outside the Xinjiang Uyghur Autonomous Province.

Finally, with respect to equality of opportunity and treatment of ethnic minorities, including in the civil service, the Employer members note, in particular, the Committee of Experts’ request for the Government to continue to provide information on the measures taken to promote this area and to provide information on the Government’s efforts to engage with the social partners in order to design and implement such measures.

The Committee of Experts also requested that the Government provide information on the current employment situation of various ethnic and religious minorities inside and outside the autonomous regions, including employment data disaggregated by sex and ethnicity in the civil service. We would make specific note that we support these requests and encourage the Government to comply with these requests from the Committee of Experts without further delay.

Conclusions of the Committee

The Committee took note of the oral and written statements made by the Government and the discussion that followed.

The Committee deplored the use of all repressive measures against the Uyghur people, which has a discriminatory effect on their employment opportunities and treatment as a religious and ethnic minority in China, in addition to other violations of their fundamental rights.

The Committee also expressed grave concern at the Government’s efforts to impose “deradicalization” responsibilities on employers’ and workers’ organizations.

Taking into account the discussion, the Committee urges the Government to, in consultation with the social partners:

- immediately cease any discriminatory practices against the Uyghur population and any other ethnic minority groups, including internment or imprisonment on ethnic and religious grounds for deradicalization purposes;

- immediately cease the racial harassment of the Uyghur people, including physical, verbal or non-verbal conduct or other conduct based on their ethnicity and religion, which undermines their dignity and creates an intimidating, hostile or humiliating working environment;

- adopt national and regional policies with a view to eliminating all distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation, particularly with regard to the Uyghur population;

- repeal provisions in the Xinjiang Uyghur Autonomous Region Regulation, and any other laws, regulations or other policies, that impose deradicalization duties on enterprises and trade unions that prevent enterprises and trade unions from playing their respective roles in promoting equality of opportunity and treatment in employment and occupation without discrimination;

- amend national and regional policies with a view to ensuring that the activities of vocational guidance, vocational training and placement services serve the purpose of assisting ethnic and religious minorities in the development and use of their capabilities for work in their own best interests and in accordance with their own aspirations;

- amend national and regional regulatory provisions with a view to reorienting the mandate of vocational training and education centres from political re-education based on administrative detention;

- bring the existing legal framework on sexual harassment in the workplace fully into line with the Convention and ensure that victims of sexual harassment have effective access to judicial mechanisms and legal remedies; and

- amend the Labour Law and Employment Promotion Law so as to bring this legislation fully into line with the Convention.

The Committee recommends that the Government accept an ILO technical advisory mission to allow the ILO to assess the situation together with the support of the ITUC and IOE.

The Committee requests the Government to submit a report to the Committee of Experts by 1 September 2022 with information on the application of the Convention in law and practice, in consultation with the social partners.

Interpretation from Chinese: Government representative – The Chinese Government has taken note of the conclusions made, adopted by the Committee on China’s application of Convention No. 111. Since 2020, China has supplied the Committee with numerous reports, elaborating facts, shown great sincerity; this shows that we are a responsible Member of this Organization.

Regrettably, the Committee has adopted such a groundless position against China and asks China to stop the so-called and non-existing discriminative practices against Uyghur populations. We firmly reject such a practice. According to China’s Constitution, in the first chapter, all ethnic groups in China are treated equally. Any discrimination against any ethnicities is firmly prohibited and, in practice, we also uphold the equality of all ethnicities. Therefore, there exists no discrimination against any ethnicities.

On China’s application of Convention No. 111, there are always a handful of anti-China forces who are manipulating this issue and criticizing, using the Convention and this platform. This is very worrisome. For many years, the tripartite constituents of China have cooperated with members of the Committee as well as Members of the Organization. Regretfully, the Committee fails to recognize active efforts and positive achievements made by China.

We are ready to consolidate our efforts with the ILO to maintain our communication with the Committee of Experts. We sincerely hope that all the Officers and the Committee of Experts could come to China and make impartial comments based on facts.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1(1)(b). Additional grounds of discrimination. The Committee notes the Government’s indication that China's judicial practice continues to expand the scope of protection of equal employment rights including prohibition of discrimination based on health status (notably infectious diseases such as hepatitis B) and geographical origin. The Committee notes with interest that, in August 2022, the Supreme People's Court and the Ministry of Human Resources and Social Security issued a joint circular strictly prohibiting and punishing discrimination in employment and occupation against persons who have recovered from COVID-19. Active inspection, strengthening the pursuit of employment discrimination cases in court, and improving the cooperation between human resources and social security departments and the people’s courts have been complementary measures to eliminate employment discrimination. Provincial and municipal authorities have also provided employment-related assistance and guidance to enterprises affected by the pandemic. Welcoming the information provided, the Committee encourages the Government to continue to provide information on cases of discrimination based on HIV status and on hepatitis B, as well as discrimination based on other infectious diseases, dealt with by the competent authorities, including sanctions imposed and remedies granted.

Noting the lack of reply to other issues raised in its previous comment, the committee reiterates its previous direct request.

Addressing sex-based discrimination in recruitment practices, including job advertisements. The Committee welcomes the adoption of the Circular on “Further Regulating Recruitment Practices to Promote Women Employment” issued by nine stakeholders including the Ministry of Human Resources and Social Security in 2019, which prohibits: (1) companies from prioritizing any candidate or rejecting any application based on sex; and (2) recruiters from asking women applying for a job about their marital status or any pregnancy plans, requiring new employees to take pregnancy tests, or imposing pregnancy restrictions during employment. The Committee also notes that the circular provides for fines for employers who publish sexist job advertisements and the revocation of work permits of recruitment agencies that do the same. The Committee asks the Government to provide information on the application in practice of the 2019 Circular, in particular on the number of cases of discrimination dealt with by the competent authorities and their outcome (fines imposed and work permit revocations) and on its impact on the elimination of discriminatory job advertisements.

Pregnancy and maternity. The Committee notes that the Government refers to the legal framework in place for maternity protection and that the above Circular addresses the issue of discrimination based on pregnancy at the recruitment stage. Recalling that such discrimination occurs usually in practice, despite the existence of a solid legal framework, the Committee asks the Government to provide information on the enforcement of the provisions protecting workers against discrimination based on pregnancy or maternity, during recruitment but also employment, as well as information on the number and nature of cases of such discrimination dealt with by the competent authorities. It further asks the Government to consider undertaking awareness-raising activities to address gender stereotypes and discrimination faced by women based on the fact that they bear children and are seen as primary caregivers.

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee notes the Government’s data in its report on the application of the Equal Remuneration Convention, 1951 (No. 100) that in total, in 2016, women represented 36.4 per cent of the workers (35.5 in agriculture, etc., 26.1 in transportation, 31.5 in Information Technology services and 39.1 in science). The Committee notes the Government’s statement that it attaches great importance to women’s employment and entrepreneurship and has issued a series of laws including the Labour Law (1994), the Employment Promotion Law (2007), and the Law on the Protection of Women’s Rights and Interests (revised 2005) in this regard. The Government also indicates that it has taken policy measures to: (1) improve general active employment policies, through vocational training, to promote the employment of all workers, including women; (2) enhance tailored employment and entrepreneurship services such as special job fairs, policy consultation, career planning, and job introduction for female job seekers, “one stop” entrepreneurship services; (3) promote the employment for critical groups, with a priority on university graduates; (4) promote women’s employment through developing industries such as hand knitting and the domestic service industry; and (5) protect effectively women’s legal rights and interests, through the strengthening of labour security inspection. The Committee notes the Government’s indications that the ACWF launched the “Women’s Poverty Alleviation Action” in poverty-stricken areas in December 2015, and that the Government adopted measures to: (1): promote women’s active participation in industries as a way to get rid of poverty, such as the farming and breeding industry, traditional handicraft industry, rural tourism, housekeeping services and rural e-commerce; (2) improve poor women’s participation in all types of inclusive training to ensure equitable access to educational trainings and inclusive policy benefits; and (3) develop fiscal interest subsidies to small loans. The Government also indicates that the women’s federations promote the engagement of poor women in handcraft work closely related to their regional characteristics, cultural background and ethnicity to increase income, such as embroidery, tailoring and weaving, and that with the support from female officers, talents and leaders working in pilot women work station on modern agricultural technology, hand-woven working base, and three-eight green engineering base, who act as role models in growing rich. In addition, the ACWF facilitates the development of local industry, such as farming, aquaculture, processing of agricultural products, hand-woven, rural e-commerce and rural tourism. The Committee also notes the detailed information provided in the Comprehensive National-Level Review Report on the Implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+25) on the priorities, achievements, challenges and setbacks regarding gender equality. The Committee notes that, in 2019, an ILO-UN Women seminar on Gender Equality and the Future of Work was held in China and addressed the progress and challenges of gender equality in the country, equal opportunity and treatment, equal pay for work of equal value and women’s empowerment, balancing work and family responsibilities and the elimination of violence and harassment in the world of work. The Committee notes that, in April 2019, the General Office of the State Council issued “Guidelines on Promoting the Development of Care Services for Infants under 3 Year-old”, which aimed to help mothers having young children. It further notes the adoption in September 2021, along with the “China National Program for Child Development”, of the China National Program for Women’s Development (2021–2030) which provides for 75 main goals and 93 supportive measures and covers 8 areas including health, education and the economy, with family planning being a newly-added priority area for both women and children. Welcoming these developments, the Committee would like to draw the Government’s attention on the importance to ensure that measures taken to promote gender equality do not in practice reflect the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, and therefore do not reinforce nor prolong stereotypes regarding the roles of women and men in the family and in society. The Committee asks the Government to provide detailed information on the practical measures taken within this legal and policy framework on gender equality, and their results on increasing and improving women’s employment and gender equality, in particular with a view to addressing effectively:

• (i)stereotyped assumptions regarding women’s aspirations and capabilities, their suitability for certain jobs or their interest or availability for full-time jobs;
• (ii)vertical and horizontal gender occupational segregation, including in vocational education and training; and
• (iii)any obstacles encountered by both men and women workers to reconcile work and family responsibilities. The Committee also asks the Government to continue to provide information on steps taken to ensure that men and women have equal opportunities in employment and occupation and are treated equally during employment and the various occupations, in all sectors of the economy and in rural and urban areas.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 5. Protective measures. Further to its request, the Committee notes the Government’s statement that the “Scope of Prohibited Labour for Female Employees” annexed to the Special Provisions on the Labour Protection of Female Employees promulgated in 2012, clearly covers four types of prohibited labour for female workers, inter alia labour during pregnancy and lactation, and does not apply to a larger scope in practice. The Government further indicates that, given the Committee’s comment that over-protective measures beyond necessary maternal needs may exert negative impacts on the employment and career prospects of women, it is currently conducting research on the implication of female workers’ maternity leave on their interests. Welcoming this information, the Committee asks the Government to provide information on the manner in which it ensures that, in practice, measures taken to protect women in employment and occupation, pursuant to the Special Provisions on the Labour Protection of Female Employees of 2012 are strictly limited to the protection of maternity in the sense of ILO Conventions – i.e. during pregnancy or childbirth and its consequences or nursing.

Awareness-raising. Monitoring and enforcement. The Committee notes the Government’s indication that, in cooperation with the ILO, the China Enterprise Confederation (CEC) has been conducting training activities in Hebei Province, with a view to increase compliance of employers with labour laws and regulations, since 2015, and promotes the implementation of the Convention in six areas, including enterprises management, recruitment of employees, training and promotion, protection of female workers’ interests, prevention of sexual harassment in the workplace, diversity in the workplace and work–family balance. The Committee notes the Government’s indication that the Ministry of Human Resources and Social Security (MOHRSS) has conducted special inspections for a number of years on the issue of the payment to migrant workers and compliance of employers to certain laws and regulations on employment and social insurance; and has taken greater actions against involvement of discriminatory information in recruiting advertisements, with the intention of upholding workers’ legitimate interests. The MOHRSS has also made more efforts to ensure the full coverage of internet management, with active promotion of the off-site investigation, provincial coordination, and online operation for cases and has strengthened the capacity building of the information system for the supervision and management; and streamlined the process of data collection and standards. The Committee notes, however, that once again no information has been provided concerning the number and nature of cases of discrimination in employment and occupation submitted to relevant authorities. The Committee asks the Government to continue providing information on awareness raising activities undertaken by the public authorities and the social partners in relation to all aspects of non-discrimination and equality in employment and occupation. It asks the Government to provide information on the procedure for workers to bring court cases and make requests for mediation or arbitration of labour disputes relating to discrimination and any obstacles they encounter. The Committee urges once again the Government to provide information on the number, nature and outcome of complaints and cases of discrimination, originating from both the public and the private sectors, dealt with by the people’s courts and other dispute resolution mechanisms, including information on the remedies granted and sanctions imposed.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations made by the International Trade Union Confederation (ITUC), received on 1 September and 7 October 2022. The Committee requests the Government to provide its comments thereon.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 110th Session, May–June 2022)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards (CAS) in June 2022 concerning the application of the Convention. The CAS deplored the use of all repressive measures against the Uyghur people, which has a discriminatory effect on their employment opportunities and treatment as a religious and ethnic minority in China, in addition to other violations of their fundamental rights. It expressed grave concern at the Government’s efforts to impose “deradicalization” responsibilities on employers’ and workers’ organizations. The Conference Committee urged the Government to, in consultation with the social partners:

• –immediately cease any discriminatory practices against the Uyghur population and any other ethnic minority groups, including internment or imprisonment on ethnic and religious grounds for deradicalization purposes;
• –immediately cease the racial harassment of the Uyghur people, including physical, verbal or non-verbal conduct or other conduct based on their ethnicity and religion, which undermines their dignity and creates an intimidating, hostile or humiliating working environment;
• –adopt national and regional policies with a view to eliminating all distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation, particularly with regard to the Uyghur population;
• –repeal provisions in the Xinjiang Uyghur Autonomous Region (Xinjiang) Regulation, and any other laws, regulations or other policies, that impose deradicalization duties on enterprises and trade unions that prevent enterprises and trade unions from playing their respective roles in promoting equality of opportunity and treatment in employment and occupation without discrimination;
• –amend national and regional policies with a view to ensuring that the activities of vocational guidance, vocational training and placement services serve the purpose of assisting ethnic and religious minorities in the development and use of their capabilities for work in their own best interests and in accordance with their own aspirations;
• –amend national and regional regulatory provisions with a view to reorienting the mandate of vocational training and education centres from political re-education based on administrative detention;
• –bring the existing legal framework on sexual harassment in the workplace fully into line with the Convention and ensure that victims of sexual harassment have effective access to judicial mechanisms and legal remedies; and
• –amend the Labour Law and Employment Promotion Law so as to bring this legislation fully into line with the Convention.

The CAS recommended that the Government accept an ILO technical advisory mission to allow the ILO to assess the situation with the support of the ITUC and the International Organisation of Employers (IOE). The CAS requested the Government to submit a report to the Committee of Experts by 1 September 2022 with information on the application of the Convention in law and practice, in consultation with the social partners.

In its concluding statement to the CAS and in its report, the Government considered the conclusions of the CAS to be groundless and biased, resolutely rejecting the accusations of repression of the Uyghurs in the conclusions as false and the existence of discrimination and harassment of the Uyghurs as unfounded.

While the Government has indicated that it will give serious consideration to some of the comments made in the CAS and welcomed technical consultations to facilitate further understanding of the actual implementation of the Convention in China, it has not confirmed its acceptance of an ILO technical advisory mission to allow the ILO to assess the situation with the support of the ITUC and the IOE. The Committee notes that the Government requested the Office to hold technical discussions on the application of the Convention before the end of 2022. In this respect, a schedule of work has been established, and the first meeting was held in November.

Articles 1(1)(a), 2 and 3 of the Convention. Definition and prohibition of discrimination in employment and occupation. Prohibited grounds of discrimination. National Equality Policy. Legislation. The Committee notes that, in its written statement to the CAS, the Government states that China’s laws, regulations and practices are fully in line with the principles of the Convention and that Xinjiang’s subnational administrative regulations, departmental rules, and normative documents are all in line with the principles of national laws and conform to the principles and requirements of the Convention. In respect of vocational training, it indicates that the Labour Law (section 3) guarantees workers equal rights to training in vocational skills, while the revised Vocational Education Law (2022) provides that citizens have the right to receive vocational education in accordance with the law (section 5); that the State practices a system whereby workers receive the necessary vocational education prior to employment or assignment (section 11); and that the State supports the development of vocational education in former revolutionary base areas, ethnic minority areas, remote areas and underdeveloped areas, guaranteeing equal rights for women (section10). In respect of other aspects of access to employment, the Government explains that China’s Regulations on Employment Services and Employment Management guarantee workers equal employment rights in accordance with the law (section 4); that recruitment announcements by employing units must avoid discriminatory language (section20); and that public employment service agencies are prohibited from releasing employment information that contains discriminatory content (section 58).

The Committee recalls that legal provisions providing for equality of opportunity and treatment, although important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation. A more detailed legislative framework is also required. The Committee repeats its previous comments that there is a need for comprehensive legislation containing explicit provisions defining and prohibiting direct and indirect discrimination on at least all of the grounds set out in the Convention, and in all of the aspects of employment and occupation as set out in Article 1(3) of the Convention, in order to ensure the full application of the Convention.

The Committee therefore again urges the Government to include a clear and comprehensive definition of discrimination (both direct and indirect) in its labour legislation. With respect to vocational education, it asks the Government to clarify how compliance with the equal rights provisions in the Labour Law of 1994 and the revised Vocational Education Law (2022) is secured. With respect to the anti-discrimination legal provisions in force, the Committee also asks the Government to confirm that the Employment Promotion Law of 2007 prohibits discrimination based on colour, national extraction, social origin and political opinion even if such grounds are not explicitly mentioned, and to provide judicial interpretations or decisions to that effect.

Articles 1(1)(a), 3 and 4. Activities prejudicial to the security of the State. Allegations of discrimination based on race, religion, national extraction and social origin affecting ethnic and religious minorities in Xinjiang. Further to its previous comments and to the conclusions and grave concern expressed by the CAS, the Committee notes the call by the United Nation (UN) Committee on the Elimination of Racial Discrimination (CERD) on 24 November 2022 on China to immediately investigate all allegations of human rights violations in Xinjiang; to immediately release all individuals arbitrarily deprived of their liberty in Xinjiang, whether in vocational education and training centres (VETCs) or other detention facilities, and to provide relatives of those detained or disappeared with detailed information about their status and well-being. In this respect, and while being aware of its strong rejection by the Government, the Committee notes the finding of the UN High Commissioner for Human Rights in August 2022 that it is reasonable to conclude that a pattern of large-scale arbitrary detention occurred in vocational education and training facilities, at least during 2017 to 2019, affecting a significant proportion of the Uyghur and other predominantly Muslim ethnic minority community in Xinjiang (Office of the United Nations High Commissioner for Human Rights (OHCHR), Assessment of human rights concerns in the Xinjiang Uyghur Autonomous Region, 31 August 2022).

The Government indicates that in response to the needs of workers of all ethnic groups, Xinjiang authorities have taken measures for the implementation of the Employment Promotion Law of the People’s Republic of China in Xinjiang. The Xinjiang 14th Five-Year Plan (2021–2025) for Employment Promotion provides a solid institutional guarantee for economic development as well as support for flexible employment and for groups facing difficulties in finding employment, so that workers can fully enjoy equal rights and opportunities in employment and occupation. Employment of all ethnic groups in Xinjiang increased by 19.5 per cent between 2014 and 2020. Women from Uyghur and other ethnic minorities formed the vast majority of newly employed women, thus realizing the transition from having low education and skills to gaining employment, improved living standards and economic autonomy.

The Government further reports that deradicalization measures by the Chinese Government target a very small number of people and intend to protect the legitimate rights and interests of people of all ethnic groups, including the vast majority of Uyghur people. The Xinjiang government had taken these deradicalization measures under special circumstances and in accordance with the law, with the objective of preventing acts of terror and educating and saving a small number of people under the influence of religious extremism or guilty of minor offences or violations of the law. Education and training centres established in accordance with the law in Xinjiang combated terrorism and pursued deradicalization in essentially the same way as countries around the world administered deradicalization centres, community corrections, transformation and disengagement programmes. The basic human rights of people of all ethnic groups, such as the right to life, health and development, had been protected to the greatest extent possible, and the sense of security of the people of all ethnic groups had been greatly improved as no violent terrorist incidents had occurred for six consecutive years. Allegations of political detention were a malicious smear.

The Government indicates that deradicalization efforts are aimed at promoting the reintegration of people who have engaged in extremist behaviour and that the role of trade unions and enterprises in this regard includes legal advocacy; educating and guiding workers to abide by the law; maintaining unity and harmony; opposing hate and extremist speech and opposing engaging in unlawful activity.

The Committee takes due note of the information provided by the Government as well as policy and regulatory directions set out in official documents. In respect of Xinjiang’s 14th Five-Year Plan (2021–2025), it also notes that the Plan seeks to systematize the rule of law in countering terrorism and maintaining stability, with a view to maximizing unity and cohesion among the people and relying on ideological education, legal awareness-raising, psychological counselling and conflict resolution.

Further to the theme of promoting ethnic harmony in Xinjiang, the Committee also notes the Government’s white paper on “Historical Matters Concerning Xinjiang” (2019), which expresses the view that religions could only be accommodated within Chinese society by adapting themselves to the Chinese context. Secular, modern and civilized ways of life had to be encouraged and backward and outdated conventions and customs abandoned. Only the fusion of religious doctrines with Chinese culture could lead religions, including Islam, onto the Chinese path of development. In that context, the Committee notes the Government’s five-year plans for the sinification of Islam, Christianity and Catholicism (all for the period 2018–22) stating objectives such as “deepening patriotism, expressing faith using Chinese culture and strengthening the theological foundation of sinification”.

The Committee further notes that the Xinjiang Regulation on Deradicalization (XRD) contains an open-ended list of “primary expressions of radicalization”, including “wearing, or compelling others to wear, burqas with face coverings”, “spreading religious fanaticism through irregular beards or name selection”, and “generalizing the concept of halal”.

Having considered the information at its disposal, the Committee recalls its long-held view that the elimination of distinctions in employment, occupation and education depends on a general context of equality of opportunity and treatment without which the full application of the Convention remains illusory. This general context will depend on respect for the rule of law and the development of a climate of tolerance which fully respects voluntary self-identification and actively supports the resilience of ethnic, religious and linguistic identity in the face of a dominant culture, rather than seeking to assimilate such identity into a homogeneous society. Without such general context, the coexistence between minorities and the majority, or even among the various minorities themselves, can be fraught with conflict.

The Committee is bound to note that the policy orientations repeatedly expressed by the Government in recent white papers, its plans for the sinification of Islam and other religions and regulatory documents lend credibility to allegations of its active pursuit of a policy seeking to assimilate ethnic and religious minorities within the dominant ethnic group thus compromising the success of a policy to effectively eliminate discrimination in employment and occupation. The fundamental objective of such policy, enshrined in the ILO Constitution, must remain that “all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity”.

As regards the policy’s orientation towards deradicalization and counter-terrorism, the Committee recalls that Article 4 of the Convention permits differential treatment of an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State, provided that the individual concerned shall have the right to appeal to a competent body established in accordance with national practice. The Committee is, therefore, of the view that ensuring a counter-terrorism response compliant with the Convention requires a focus on individuals who are justifiably suspected of, or engaged in, activities prejudicial to the security of the State while avoiding stereotypes potentially casting groups identified by ethnic and religious traits in a negative light. A compliant response would not permit the use of labour or vocational education and training as a means of altering the political opinion and religious practice of individuals or groups protected by the Convention in the absence of violent conduct or conduct demonstrably aimed at propagating violence. While noting the Government’s assurances that its deradicalization efforts affect a very small number of people, the Committee notes with regret not being offered any further details to assess the scope and the impact of such efforts. The open-ended definition of extremism in the XRD is supported by indicators (“primary expressions of radicalization”) that might otherwise be construed as matters of personal choice in relation to religious practice. Such a regulatory approach to deradicalization may amount to racial and religious profiling and give rise to a focus on ethnic and religious minorities through the lens of “extremism”. The extensive digital and personal surveillance apparatus in Xinjiang and the regulatory potential for administrative detention of suspected extremists, whether for the purpose of re-education or correction of minor offences that do not constitute a crime, further create a discriminatory climate in which the stated equal rights and opportunities in employment and occupation of ethnic and religious minorities cannot be effectively promoted or fully realized.

In respect of the role of trade unions and employers’ organizations, the Committee recalls that the Convention requires the Government to seek the cooperation of employers' and workers' organizations and other appropriate bodies but that the purpose of such cooperation, rather than enlisting social partners in public deradicalization efforts should be to promote the acceptance and observance of a policy designed to promote equality of opportunity and treatment in respect of employment and occupation. Guidance in respect of the cooperation to be sought may be found in the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111). Paragraph 2(d) of the Recommendation recommends organizations to abstain from obstructing or interfering with employers in their pursuit of the principle of non-discrimination, while encouraging employers' and workers' organizations not to practise or countenance discrimination in respect of admission, retention of membership or participation in their affairs.

Having duly considered the information provided by the Government, the discussions in the Conference Committee, ITUC observations and the findings of UN bodies, the Committee must reiterate its deep concern in respect of the serious allegations of discrimination against ethnic and religious minorities in Xinjiang, which appears to be based on policy directions expressed in numerous national and regional policy and regulatory documents. The Committee therefore once again urges the Government to: (i) review its national and regional policies with a view to eliminating all distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation; (ii) repeal provisions in the Xinjiang Uyghur Autonomous Region (Xinjiang) Regulation that impose deradicalization obligations on enterprises and trade unions and prevent enterprises and trade unions from playing their respective roles in promoting equality of opportunity and treatment in employment and occupation without discrimination based on race, national extraction, religion or political opinion; (iii) revise national and regional policies with a view to ensuring that the activities of vocational guidance, vocational training and placement services serve the purpose of assisting ethnic and religious minorities in the development and use of their capabilities for work in their own best interests and in accordance with their own aspirations, account being taken of the needs of society; (iv) amend national and regional regulatory provisions with a view to reorienting the mandate of vocational training and education centres from deradicalization based on ethnic and religious stereotypes and ideological education based on administrative detention towards the purpose set out in (iii); (v) provide detailed information on the allegedly small number of persons affected by the Government’s deradicalization policy; the conditions under which they are subject to administrative detention and any programmes related to training, employment or occupation; and the conditions under which they are released as it affects their access to the labour market; (vi) provide information on the measures taken to ensure observance of the policy to promote equality of opportunity and treatment in vocational training activities carried out in Xinjiang’s vocational training and education centres; and (vii) provide information on the measures taken to ensure observance of the policy to promote equality of opportunity and treatment for the Uyghurs and other ethnic minority groups when seeking to access employment outside the Xinjiang Autonomous Region.

Articles 1(1)(a) and 3(c). Discrimination based on sex. Sexual harassment. In response to the Committee’s previous comments, the Government expresses the view that victims of sexual harassment can effectively obtain legal support and relief through judicial channels. Section 1010 of the Civil Code identifies the elements constituting sexual harassment; establishes civil liability for sexual harassment; and requires organizations to set up preventive mechanisms and provide timely remedies. The All-China Federation of Trade Unions and the China Enterprise Confederation jointly developed a Guidebook for Eliminating Sexual Harassment in the Workplace with technical assistance from the Office.

In the course of the CAS discussion, it was acknowledged that the new Civil Code covers sexual harassment of both men and women. Concern was expressed, however, that the law did not fully define sexual harassment; failed to prohibit both quid pro quo and hostile work environment sexual harassment in all aspects of employment and occupation, including vocational training and job placement; and that equal access to legal remedies, including for ethnic and religious minorities, was unclear in the absence of available data. Figures cited in the course of the discussion suggest that because alleged victims bear the burden of proof, only a small percentage of the lawsuits filed result in a conviction of the alleged perpetrator and rarely in compensation for the victim.

The Committee welcomes the protection against sexual harassment which section 1010 seeks to provide to both men and women. Experience suggests that the burden of proving discrimination, including sexual harassment, is often harder to meet, to the point of constituting an insurmountable obstacle to establishing liability and ensuring an appropriate remedy. This would be particularly so in relationships marked by an imbalance of power and if there are no witnesses, which is often the case. To prevent dissuading victims from seeking redress and correct a situation that could otherwise result in inequality, the Committee has consistently recommended considering procedural measures such as shifting or reversing the burden of proof. The Committee notes in this regard the Violence and Harassment Recommendation, 2019 (No. 206), which encourages complaint and dispute resolution mechanisms for gender-based violence and harassment to shift the burden of proof in proceedings other than criminal proceedings. The Committee is also of the view that a procedural requirement for the alleged victim to present physical evidence corroborating oral testimony would not be appropriate in cases of sexual harassment that do not amount to physical assault or do not imply physical contact.

The Committee asks the Government: (i) to include a clear and comprehensive definition of sexual harassment to ensure that it covers both quid pro quo and hostile work environment harassment; offers protection in vocational education, vocational training, access to employment, conditions of employment and performing work in any occupation; and protects workers outside formal employment relationships; (ii) to consider making procedural adjustments ensuring easy access to appropriate and effective remedies and safe, fair and effective reporting and dispute resolution mechanisms and procedures in sexual harassment cases; and (iii) to continue to provide information on any cases of sexual harassment dealt with by the courts and the competent authorities, including on their outcome (sanctions imposed, court cases won as a proportion of lawsuits filed and remedies granted).

The Committee understands that the Law on the Protection of the Rights and Interests of Women was amended on 30 October 2022. Noting that the amended Law contains several provisions relevant to equality of opportunity and treatment for men and women, including sexual harassment, the Committee intends to examine the Law on the next occasion and asks the Government to provide information on its application.

Equality of opportunity and treatment for ethnic and religious minorities, including in the civil service. In its previous comments, the Committee had noted the continuation of workforce capacity-building in ethnic areas (including Inner Mongolia, Guangxi, Yunnan, Qinghai, Tibet, Guizhou, Ningxia, and Xinjiang) through special training programmes for ethnic talents, the recruitment of ethnic civil servants nationwide and capacity-building of civil servants in ethnic areas, including their active engagement in bilingual programmes.

In its statement to the CAS, the Government indicated that it was giving full play to the role of markets in regulating employment and promoting the free movement of workers between regions, industries and enterprises, causing urban employment to expand by 470,000 jobs annually between 2014 and 2020. It provided an example of a worker who had successfully challenged discrimination by his employer based on geographical origin winning compensation for emotional distress as well as an oral and written apology by his employer.

The Committee asks the Government to continue to provide information on the measures taken, and their results, to promote equality of opportunity and treatment for ethnic and religious minorities within China, including information on the current employment situation of various ethnic and religious minorities inside and outside the autonomous regions as well as employment data disaggregated by sex and ethnicity in the civil service.

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

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

Articles 1(1)(a) and 3(c) of the Convention. Discrimination based on sex. Retirement age. The Committee recalls that it had noted, in its previous comments, that the statutory retirement age is 60 for men and 50 for women generally but 55 for female civil servants. The Committee notes the Government’s indication that, in March 2017, the Minister of Human Resources and Social Security pointed out during the State Council press conference that the policy of delaying retirement age is a major economic and social policy involving the fundamental interests of every people and therefore a very careful approach to formulating it will be taken. The Committee asks the Government to continue to provide information on any developments regarding steps taken with a view to setting the same retirement age for men and women.

Sexual harassment. The Committee welcomes the inclusion in the new Civil Code, which came into force on 1 January 2021, of provisions addressing sexual harassment (section 1010). Section 1010 provides that “[a] person who has been sexually harassed against his will by another person through oral words, written language, images, physical acts, or the like, has the right to request the actor to bear civil liability in accordance with law”. It also provides that “[t]he State organs, enterprises, schools, and other organizations shall take reasonable precautions, accept and hear complaints, investigate and handle cases, and take other like measures to prevent and stop sexual harassment conducted by a person through taking advantage of his position and power or a superior-subordinate relationship, and the like”. The Committee would like to draw the Government’s attention to the need to cover all forms of sexual harassment (quid pro quo and hostile work environment) committed not only by a person with authority but also by a colleague and a person with whom workers have contacts through their work (clients, suppliers, etc.). The Committee also welcomes the detailed information provided by the Government regarding the legal and practical activities organized by the All-China Women’s Federation (ACWF) to prevent and address sexual harassment, such as the formulation of policy documents, the dissemination of laws and regulations, training seminars and awareness-raising activities, including through the media, an advocacy campaign for the public, research activities and assistance support to female victims. The Committee also notes the Government’s indication in its report that the China Enterprise Confederation (CEC) suggested that the ILO strengthens the capacity building of employers’ organizations in this regard and provides more good practices in preventing sexual harassment in the workplace. Welcoming the positive legislative steps in the Civil Code, the Committee asks the Government to provide information on the manner in which it is applied in practice and interpreted by the courts, in particular if it covers in practice hostile work environment sexual harassment and sexual harassment committed without taking advantage of one’s hierarchical position. In addition, recalling the obligation of employers to prevent and prohibit sexual harassment against female workers at the workplace in section 11 of the Special Provisions on Labour Protection of Female Workers as well as the obligations of employers pursuant to section 1010 of the Civil Code, the Committee asks the Government to provide examples of measures taken in practice by employers in this regard. The Committee also asks the Government to include a clear and comprehensive definition of sexual harassment to ensure that it covers both quid pro quo and hostile work environment harassment and to consider expanding the protection against sexual harassment at the workplace to male workers. It further asks the Government to provide information on any cases of sexual harassment dealt with by the competent authorities, including on their outcome (sanctions imposed and remedies granted).

Addressing sex-based discrimination in recruitment practices, including job advertisements. The Committee welcomes the adoption of the Circular on “Further Regulating Recruitment Practices to Promote Women Employment” issued by nine stakeholders including the Ministry of Human Resources and Social Security in 2019, which prohibits : (1) companies from prioritizing any candidate or rejecting any application based on sex; and (2) recruiters from asking women applying for a job about their marital status or any pregnancy plans, requiring new employees to take pregnancy tests, or imposing pregnancy restrictions during employment. The Committee also notes that the circular provides for fines for employers who publish sexist job advertisements and the revocation of work permits of recruitment agencies that do the same. The Committee asks the Government to provide information on the application in practice of the 2019 Circular, in particular on the number of cases of discrimination dealt with by the competent authorities and their outcome (fines imposed and work permit revocations) and on its impact on the elimination of discriminatory job advertisements.

Pregnancy and maternity. The Committee notes that the Government refers to the legal framework in place for maternity protection and that the above Circular addresses the issue of discrimination based on pregnancy at the recruitment stage. Recalling that such discrimination occurs usually in practice, despite the existence of a solid legal framework, the Committee asks the Government to provide information on the enforcement of the provisions protecting workers against discrimination based on pregnancy or maternity, during recruitment but also employment, as well as information on the number and nature of cases of such discrimination dealt with by the competent authorities. It further asks the Government to consider undertaking awareness-raising activities to address gender stereotypes and discrimination faced by women based on the fact that they bear children and are seen as primary caregivers.

Article 1(1)(b). Additional grounds of discrimination. HIV status, hepatitis B. The Committee notes the Government’s indication that the Departments of human resources and social security at all levels actively have carried out law enforcement inspection activities, and severely punished various violations of labour security such as hepatitis B discrimination. It further notes that, on 19 January 2017, the General Office of the State Council issued the Action Plan for China’s Containment and Prevention of AIDS during the 13th Five-Year Plan Period, which aims inter alia at strengthening the protection of the legal rights and interests of people living with HIV and AIDS, including in education and employment. The Committee requests the Government to provide details on the anti-discrimination provisions of the Action Plan adopted in 2017 as regards vocational education and training and employment, and their application in practice. It also requests the Government to provide information on cases of discrimination based on HIV status and on hepatitis B, as well as discrimination based on other infectious diseases, dealt with by the competent authorities, including sanctions imposed and remedies granted.

Articles 2 and 3. Equality of opportunity and treatment between women and men. The Committee notes the Government’s data in its report on the application of the Equal Remuneration Convention, 1951 (No. 100) that in total, in 2016, women represented 36.4 per cent of the workers (35.5 in agriculture, etc., 26.1 in transportation, 31.5 in Information Technology services and 39.1 in science). The Committee notes the Government’s statement that it attaches great importance to women’s employment and entrepreneurship and has issued a series of laws including the Labour Law (1994), the Employment Promotion Law (2007), and the Law on the Protection of Women’s Rights and Interests (revised 2005) in this regard. The Government also indicates that it has taken policy measures to : (1) improve general active employment policies, through vocational training, to promote the employment of all workers, including women; (2) enhance tailored employment and entrepreneurship services such as special job fairs, policy consultation, career planning, and job introduction for female job seekers, “one stop” entrepreneurship services; (3) promote the employment for critical groups, with a priority on university graduates; (4) promote women’s employment through developing industries such as hand knitting and the domestic service industry; and (5) protect effectively women’s legal rights and interests, through the strengthening of labour security inspection. The Committee notes the Government’s indications that the ACWF launched the “Women’s Poverty Alleviation Action” in poverty-stricken areas in December 2015, and that the Government adopted measures to : (1): promote women’s active participation in industries as a way to get rid of poverty, such as the farming and breeding industry, traditional handicraft industry, rural tourism, housekeeping services and rural e-commerce; (2) improve poor women’s participation in all types of inclusive training to ensure equitable access to educational trainings and inclusive policy benefits; and (3) develop fiscal interest subsidies to small loans. The Government also indicates that the women’s federations promote the engagement of poor women in handcraft work closely related to their regional characteristics, cultural background and ethnicity to increase income, such as embroidery, tailoring and weaving, and that with the support from female officers, talents and leaders working in pilot women work station on modern agricultural technology, hand-woven working base, and three-eight green engineering base, who act as role models in growing rich. In addition, the ACWF facilitates the development of local industry, such as farming, aquaculture, processing of agricultural products, hand-woven, rural e-commerce and rural tourism. The Committee also notes the detailed information provided in the Comprehensive National-Level Review Report on the Implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+25) on the priorities, achievements, challenges and setbacks regarding gender equality. The Committee notes that, in 2019, an ILO-UN Women seminar on Gender Equality and the Future of Work was held in China and addressed the progress and challenges of gender equality in the country, equal opportunity and treatment, equal pay for work of equal value and women’s empowerment, balancing work and family responsibilities and the elimination of violence and harassment in the world of work. The Committee notes that, in April 2019, the General Office of the State Council issued “Guidelines on Promoting the Development of Care Services for Infants under 3 Year-old”, which aimed to help mothers having young children. It further notes the adoption in September 2021, along with the “China National Program for Child Development”, of the China National Program for Women’s Development (2021–2030) which provides for 75 main goals and 93 supportive measures and covers 8 areas including health, education and the economy, with family planning being a newly-added priority area for both women and children. Welcoming these developments, the Committee would like to draw the Government’s attention on the importance to ensure that measures taken to promote gender equality do not in practice reflect the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, and therefore do not reinforce nor prolong stereotypes regarding the roles of women and men in the family and in society. The Committee asks the Government to provide detailed information on the practical measures taken within this legal and policy framework on gender equality, and their results on increasing and improving women’s employment and gender equality, in particular with a view to addressing effectively : (i) stereotyped assumptions regarding women’s aspirations and capabilities, their suitability for certain jobs or their interest or availability for full-time jobs; (ii) vertical and horizontal gender occupational segregation, including in vocational education and training; and (iii) any obstacles encountered by both men and women workers to reconcile work and family responsibilities. The Committee also asks the Government to continue to provide information on steps taken to ensure that men and women have equal opportunities in employment and occupation and are treated equally during employment and the various occupations, in all sectors of the economy and in rural and urban areas.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 5. Protective measures. Further to its request, the Committee notes the Government’s statement that the “Scope of Prohibited Labour for Female Employees” annexed to the Special Provisions on the Labour Protection of Female Employees promulgated in 2012, clearly covers four types of prohibited labour for female workers, inter alia labour during pregnancy and lactation, and does not apply to a larger scope in practice. The Government further indicates that, given the Committee’s comment that over-protective measures beyond necessary maternal needs may exert negative impacts on the employment and career prospects of women, it is currently conducting research on the implication of female workers’ maternity leave on their interests. Welcoming this information, the Committee asks the Government to provide information on the manner in which it ensures that, in practice, measures taken to protect women in employment and occupation, pursuant to the Special Provisions on the Labour Protection of Female Employees of 2012 are strictly limited to the protection of maternity in the sense of ILO Conventions – i.e. during pregnancy or childbirth and its consequences or nursing.

Awareness-raising. Monitoring and enforcement. The Committee notes the Government’s indication that, in cooperation with the ILO, the China Enterprise Confederation (CEC) has been conducting training activities in Hebei Province, with a view to increase compliance of employers with labour laws and regulations, since 2015, and promotes the implementation of the Convention in six areas, including enterprises management, recruitment of employees, training and promotion, protection of female workers’ interests, prevention of sexual harassment in the workplace, diversity in the workplace and work–family balance. The Committee notes the Government’s indication that the Ministry of Human Resources and Social Security (MOHRSS) has conducted special inspections for a number of years on the issue of the payment to migrant workers and compliance of employers to certain laws and regulations on employment and social insurance; and has taken greater actions against involvement of discriminatory information in recruiting advertisements, with the intention of upholding workers’ legitimate interests. The MOHRSS has also made more efforts to ensure the full coverage of internet management, with active promotion of the off-site investigation, provincial coordination, and online operation for cases and has strengthened the capacity building of the information system for the supervision and management; and streamlined the process of data collection and standards. The Committee notes, however, that once again no information has been provided concerning the number and nature of cases of discrimination in employment and occupation submitted to relevant authorities. The Committee asks the Government to continue providing information on awareness raising activities undertaken by the public authorities and the social partners in relation to all aspects of non-discrimination and equality in employment and occupation. It asks the Government to provide information on the procedure for workers to bring court cases and make requests for mediation or arbitration of labour disputes relating to discrimination and any obstacles they encounter. The Committee urges once again the Government to provide information on the number, nature and outcome of complaints and cases of discrimination, originating from both the public and the private sectors, dealt with by the people’s courts and other dispute resolution mechanisms, including information on the remedies granted and sanctions imposed.

[The Government is asked to supply full particulars to the Conference at its 110th Session and to reply in full to the present comments in 2022.]

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

With reference to its previous comments, the Committee recalls the observations by the International Trade Union Confederation (ITUC) received on 16 and 28 September 2020 and notes that additional observations by the ITUC were received on 6 September 2021 reiterating and supplementing its previous observations. The Committee also notes the Government’s reply received on 19 November 2020 and the additional information communicated by the Government on 30 August 2021 in reply to the Committee’s direct request.

Article 1(1)(a) and (3) of the Convention. Definition and prohibition of discrimination in employment and occupation. Prohibited grounds of discrimination. Legislation. The Committee recalls that the English translation of section 12 of the Labour Law of 1994 provides that “[w]ith regard to employment, the workers shall not be discriminated in aspects of nationality, race, sex and religious beliefs” and the English translation of section 3 of the Employment Promotion Law of 2007 provides that “[i]n seeking employment, the workers shall not be subject to discrimination because of their ethnic backgrounds, races, gender, religious beliefs, etc.” The Committee notes that, in its report, the Government refers to: (1) the revised “Regulation on Religious Affairs”, which took effect on 1 February 2018 and provides that “no organization or individual … may discriminate against citizens who believe in any religion … or citizens who do not believe in any religion …”; and (2) the Labour Law and the Employment Promotion Law that contain provisions on the prohibition of employment discrimination and the promotion of fair employment. The Committee notes nonetheless that these laws and regulations do not provide for a definition of discrimination, whether direct or indirect, and both do not seem to cover all aspects of “employment and occupation” as defined in Article 1(3) of the Convention. The Committee therefore asks the Government to take steps to: (i) include a clear and comprehensive definition of discrimination (both direct and indirect) in its labour legislation; and (ii) clarify whether the provisions of the Labour Law of 1994 also cover access to employment and vocational training. With respect to the anti-discrimination legal provisions in force, the Committee also asks the Government to confirm that: (i) the Labour Law of 1994 covers only the grounds of nationality, race, sex and religious beliefs; and (ii) the Employment Promotion Law of 2007 provides for an open list of prohibited discrimination grounds and therefore also covers discrimination based on colour, national extraction, social origin and political opinion (even if such grounds are not explicitly mentioned). It further asks the Government to indicate whether any interpretation concerning the wording “etc.” in the Employment Promotion Law of 2007 has been handed down by the judicial authorities and, if so, to provide a copy of the given decisions.

Articles 1(1)(a), 2 and 3. Allegations of discrimination based on race, religion, national extraction and social origin affecting ethnic and religious minorities in Xinjiang. The Committee refers to its comments on the application of the Employment Policy Convention, 1964 (No. 122). In the interest of coherence and transparency in its comments, considering that both the allegations and the information in reply raise a close connection between employment policy, the free choice of employment of ethnic and religious minorities and their protection against discrimination in employment and occupation, the Committee presents the same synopsis of the information available in both comments.

In its observations of 2020 and 2021, the ITUC alleges that the Government of China has been engaging in a widespread and systematic programme involving the extensive use of forced labour of the Uyghur and other Turkic and/or Muslim minorities for agriculture and industrial activities throughout the Xinjiang Uyghur Autonomous Region (Xinjiang), in violation of the right to freely chosen employment set out in Article 1(2) of Convention No. 122. The ITUC maintains that some 13 million members of the ethnic and religious minorities in Xinjiang are targeted on the basis of their ethnicity and religion with a goal of social control and assimilation of their culture and identity. According to the ITUC, the Government refers to the programme in a context of “poverty alleviation”, “vocational training”, “re-education through labour” and “de-extremification”.

The ITUC submits that a key feature of the programme is the use of forced or compulsory labour in or around internment or “re-education” camps housing some 1.8 million Uyghur and other Turkic and/or Muslim peoples in the region, as well as in or around prisons and workplaces across Xinjiang and other parts of the country.

The ITUC indicates that, beginning in 2017, the Government has expanded its internment programme significantly, with some 39 internment camps having almost tripled in size. The ITUC submits that, in 2018, Government officials began referring to the camps as “vocational education and training centers” and that in March 2019, the Governor of the Xinjiang Uyghur Autonomous Region described them as “boarding schools that provide job skills to trainees who are voluntarily admitted and allowed to leave the camps”. The ITUC indicates that life in “re-education centers” or camps is characterized by extraordinary hardship, lack of freedom of movement, physical and psychological torture, compulsory vocational training and actual forced labour.

The ITUC also refers to “centralized training centers” that are not called “re-education camps” but have similar security features (e.g. high fences, security watchtowers and barbed wire) and provide similar education programmes (legal regulations, Mandarin language courses, work discipline and military drills). The ITUC adds that the “re-education camps” are central to an indoctrination programme focused on separating and “cleansing” ethnic and religious minorities from their culture, beliefs, and religion. Reasons for internment may include persons having travelled abroad, applied for a passport, communicated with people abroad or prayed regularly.

The ITUC also alleges prison labour, mainly in cotton harvesting and the manufacture of textiles, apparel and footwear. It refers to research according to which, starting in 2017, the prison population of Uyghurs and other muslim minorities increased dramatically, accounting for 21 per cent of all arrests in China in 2017. Charges typically included “terrorism”, “separatism” and “religious extremism”.

Finally, the ITUC alleges that at least 80,000 Uyghurs and other ethnic minority workers were transferred from Xinjiang to factories in Eastern and Central China as part of a “labour transfer” scheme under the name “Xinjiang Aid”. This scheme would allow companies to: (1) open a satellite factory in Xinjiang; or (2) hire Uyghur workers for their factories located outside this region. The ITUC alleges that the workers who are forced to leave the Uyghur Region are given no choice and, if they refuse, are threatened with detention or the detention of their family. Outside Xinjiang, these workers live and work in segregation, are required to attend Mandarin classes and are prevented from practicing their culture or religion. According to the ITUC, state security officials ensure continuous physical and virtual surveillance. Workers lack freedom of movement, remaining confined to dormitories and are required to use supervised transport to and from the factory. They are subject to impossible production expectations and long working hours. The ITUC adds that, where wages are paid, they are often subject to deductions that reduce the salary to almost nothing. ITUC adds that, without these coercively arranged transfers, Uyghurs would not find jobs outside Xinjiang, as their physical appearance would trigger police investigations.

According to the ITUC’s allegations, to facilitate the implementation of these schemes, the Government offers incentives and tax exemptions to enterprises that train and employ detainees; subsidies are granted to encourage Chinese-owned companies to invest in and build factories near or within the internment camps; and compensation is provided to companies that facilitate the transfer and employment of Uyghur workers outside the Uyghur Region.

In its 2021 observations, the ITUC supplements these observations with information, including testimonies from the Xinjiang Victims Database, a publicly accessible database which as of 3 September 2021 had allegedly recorded the experience of some 35,236 ethnic minority members forcibly interned by the Government since 2017.

The Government states that the right to employment is an important part of the right to subsistence and development, which constitute basic human rights. The Government indicates that, under its leadership, Xinjiang has made great progress in safeguarding human rights and development. It adds that people of all ethnic groups voluntarily participate in employment of their own choice, and that the ITUC has ignored the progress made in economic development, poverty alleviation, improvement of people's livelihood and efforts to achieve decent work in Xinjiang.

With respect to the ITUC observations in relation to the use of forced labour, the Government emphasizes that these allegations are untrue and politically motivated.

The Government indicates that, pursuant to the Constitution, the State creates conditions for employment through various channels. The Employment Promotion Law (2007) stipulates that workers have the right to equal employment and to choose a job on their own initiative, without discrimination. Under the Vocational Education Law of 1996, citizens are entitled to receive vocational education and the State takes measures to develop vocational education in ethnic minority areas as well as remote and poor areas.

The Government indicates that residents of deeply poverty-stricken areas in southern Xinjiang have suffered insufficient employability, low employment rates, very limited incomes and long-term poverty. It states that eliminating poverty in Xinjiang has been a critical part of the national unified strategic plan to eradicate poverty by the end of 2020. The Government adds that it has eliminated absolute poverty, including in southern Xinjiang, thanks to government programmes such as the Programme for Revitalizing Border Areas and Enriching the People during the 13th Five-Year Plan Period (GUOBANFA No. 50/2017) and the Three-Year Plan for Employment and Poverty Alleviation in Poverty-stricken Areas in the four prefectures of Southern Xinjiang (2018-2020). The Programme for Revitalizing Border Areas and Enriching the People had set development targets for nine provinces and autonomous regions, including Xinjiang, such as the lifting out of poverty of all rural poor and the continuous expansion of the scale of employment combining individual self-employment, market-regulated employment, government promotion of employment and entrepreneurship, and vocational training to increase the employability of workers. The Three-Year Plan laid the foundation for the Xinjiang government to provide dynamic, categorized and targeted assistance to people with employment difficulties and families where no one is employed, and create structured conditions for people to find jobs locally, to seek work in urban areas, or to start their own businesses.

The Government reports that the task of relocating the poor for the purpose of poverty relief has been completed, and that the production and living conditions of poor people have been greatly improved: the poverty incidence rate in the four poverty-stricken prefectures of Xinjiang dropped from 29.1 per cent in 2014 to 0.21 per cent in 2019. Between 2014 and 2020, the total employed population in Xinjiang grew from 11.35 million to 13.56 million, representing an increase by 19.4 per cent. In the same period, an average of 2.8 million urban job opportunities were provided annually to the “surplus rural workforce”.

The Government is firm in its view that it fully respects the employment wishes and training needs of Xinjiang workers, including ethnic minorities. The Xinjiang Government regularly conducts surveys of labourers' willingness to find employment and keep abreast of their needs in terms of employment location, job positions, remuneration, working conditions, living environment, development prospects and training needs. These surveys demonstrate that more urban and rural “surplus” workers hope to go to cities in northern Xinjiang or other more developed provinces and cities in other parts of the country, which offer higher wages, better working conditions and a better living environment. Ethnic minorities count on the government to provide more employment information and other public employment services to their members. The fact that ethnic minority workers go out to work is entirely voluntary, autonomous and free. According to the Government, the Three-Year Plan for Southern Xinjiang explicitly refers to the “willingness for employment” and states that the wishes of individuals “who are unwilling to work due to health and other reasons” shall be fully respected, and that they will never be forced to register for training.

The Government stresses that language training for ethnic minority workers in Xinjiang is necessary to increase their language ability, and enhance their employability, and does not deprive them of the right to use their own language.

The Government also replies to the ITUC allegations that the Uyghur and other ethnic minorities in Xinjiang are not paid the applicable local minimum wage, indicating that the Labour Law of the People’s Republic of China stipulates that the minimum wage system applies across the country, although minimum wage standards may vary across administrative regions. As of 1 April 2021, the minimum wage in Xinjiang is divided into four grades: 1,900 yuan, 1,700 yuan, 1.620 yuan and 1,540 yuan. The Government considers reports that the wages of some migrant workers in Xinjiang are as low as US$114 (approximately 729 yuan) per month to be groundless, stating that the overwhelming majority of this information is taken from individual interviews and lacks clear sources of data or statistical information. In addition, the Government points out that the reports do not fully clarify whether the workers concerned are working less than the statutory working hours, in which case they would be paid less. The Government states that by going out to work, the actual income of many people is much higher than the minimum wage of Xinjiang.

The Government also reports that the local government of Xinjiang has put in place labour inspection systems for protecting the rights and interests of workers and addressing their reports and complaints concerning wage arrears, failure to sign labour contracts and other infringements. The Government indicates that it will take steps to further strengthen the supervision and inspection of employer compliance with minimum wage provisions, call on employers to respect the minimum wage standards and address violations.

The Government provides detailed information on its laws, regulations and policies regarding freedom of religion; equality among the 56 ethnic groups in China and for consolidating and developing unity between and within these groups.

The Government reports that China adopts policies securing freedom of religious belief; manages religious affairs in accordance with the law; adheres to the principle of independence from foreign countries and self-management; and actively guides religions to adapt to the socialist society so that religious believers may love their country and compatriots, safeguard national unity and ethnic solidarity, be subordinate to and serve the overall interests of the nation and the Chinese people. The Law of the People’s Republic of China on the Administration of Activities of Overseas Non-Governmental Organizations within China prohibits overseas NGOs from illegally engaging in or sponsoring religious activities. China’s Criminal Law, National Security Law, and Counter-Terrorism Law provide for the protection of citizens’ freedom of religious belief. The Counter-Terrorism Law of the People’s Republic of China states that China opposes all extremism that seeks to instigate hatred, incite discrimination and advocate violence by distorting religious doctrines or through other means, and forbids any discriminatory behaviour on the grounds of region, ethnicity and religion. The Regulations on Religious Affairs prohibit any organization or individual from advocating, supporting or sponsoring religious extremism, or using religion to undermine ethnic unity, divide the country, or engage in terrorist activities. According to the Government, China takes measures against the propagation and spread of religious extremism, and at the same time, carefully avoids linking violent terrorism and religious extremism with any particular ethnic group or religion.

The Committee takes due note of all the allegations and information communicated by both the ITUC and the Government on the application of Convention Nos 111 and 122, which appear interrelated, as well as stated government policy as it transpires from various regulatory and policy documents.

The Committee takes note of the Government’s explanation of its various regulations and policies, including on the eradication of poverty without discrimination. However, the Committee expresses concern in respect of the methods applied, the impact of their stated objectives and their (direct or indirect) discriminatory effect on the employment opportunities and treatment of ethnic and religious minorities in China.

The Committee recalls that Convention No. 111 requires the formulation and the adoption of a national equality policy, with a view to eliminating any discrimination (Article 2) and defines discrimination as “any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation” (Article 1(1)(a)). Under the Convention, the term “race” includes any discrimination against linguistic communities or minority groups whose identity is based on religious or cultural characteristics or national or ethnic origin (see General Survey on the fundamental Conventions, 2012, paragraph 762). It further recalls that racial harassment, which is a serious form of discrimination, occurs where a person is subject to physical, verbal or non-verbal conduct or other conduct based on race which undermines their dignity or which creates an intimidating, hostile or humiliating working environment for the recipient (see the general observation of 2018 on the application of the Convention).

The Committee recalls that freedom from discrimination is a fundamental human right and is essential for workers in order to choose their employment freely, to develop their full potential and to reap economic rewards on the basis of merit. As such, the promotion of equality of opportunity and treatment in employment and occupation should be mainstreamed in relevant national policies, such as education and training policies, employment policies, poverty reduction strategies, rural or local development programmes, women’s economic empowerment programmes, and climate mitigation and adaptation strategies (see the 2018 general observation).

The Committee also recalls that the Convention aims to provide protection against religious discrimination in employment and occupation, which often arises as a result of a lack of religious freedom or intolerance towards persons of a particular faith, a different faith, or towards those who profess no religion. The expression and manifestation of religion is also protected. Appropriate measures need to be adopted to eliminate all forms of intolerance (see 2012 General Survey, paragraph 798).

The Committee observes that discrimination on the basis of actual or perceived religion, combined with exclusions and distinctions based on other grounds such as race, ethnicity or national extraction continues to acquire greater significance, especially in the context of increasing global movements of people looking for better opportunities, and concerns about countering and preventing terrorism. Measures to promote tolerance and coexistence among religious, ethnic and national minorities and awareness-raising on the existing legislation prohibiting discrimination are therefore more than ever essential to achieving the objectives of the Convention (2012 General Survey, paragraph 801).

The Committee recalls that, in its previous comment, it referred to the concluding observations by the United Nations Committee on the Elimination of Racial Discrimination (CERD) regarding the situation in the Xinjiang Uyghur Autonomous Region. It notes that the CERD was alarmed inter alia by: (1) “numerous reports of the detention of large numbers of ethnic Uighurs and other Muslim minorities, held incommunicado and often for long periods, without being charged or tried, under the pretext of countering religious extremism”; (2) “reports of mass surveillance disproportionately targeting ethnic Uighurs”; and (3) “reports that all residents of the Xinjiang Uighur Autonomous Region are required to hand over their travel documents to police and apply for permission to leave the country, and that permission may not come for years”. The CERD recommended that action be taken in this regard, in particular halting “the practice of detaining individuals who have not been lawfully charged, tried and convicted for a criminal offence in any extra-legal detention facility” and immediately releasing “individuals currently detained under these circumstances, and allow those wrongfully held to seek redress”; undertaking “prompt, thorough and impartial investigations into all allegations of racial, ethnic and ethno-religious profiling” and eliminating “travel restrictions that disproportionately affect members of ethnic minorities”. The Committee further notes the concern expressed by the CERD regarding “reports that ethnic Uighurs … often face discrimination in job advertisements and recruitment processes” (CERD/C/CHN/CO/14-17, 19 September 2018, paragraphs 40, 42 and 47).

In addition, the Committee refers to its comments on the application of Convention No. 122 for the concern expressed by UN human rights experts mandated by the Human Rights Council about the forceful relocation of minority workers, especially Uyghur, across the country and the vocational training policy with the stated objective of combatting terrorism and religious extremism.

The Committee recalls that Article 3 of Convention No. 111 establishes a number of specific obligations with respect to the design of a national policy to promote equality of opportunity and treatment and eliminate discrimination in respect of employment and occupation. In particular, it requires parties to the Convention to repeal any statutory provisions and modify any administrative instructions or practices which are inconsistent with such policy; to pursue the policy under the direct control of a national authority; and to ensure observance of the policy in the activities of vocational guidance, vocational training and placement services under the direction of a national authority.

The Committee notes that in its white paper on vocational education and training in Xinjiang (2019), the government describes Xinjiang, which is home to the Uyghur people and other muslim minorities, as a “key battlefield in the fight against terrorism and extremism in China”. In accordance with the law, the government has established “a group of vocational centers” to offer systematic education and training in response to “a set of urgent needs”: to curb frequent terrorist incidents; to eradicate the breeding ground for religious extremism; to help trainees acquire better education and vocational skills, find employment, and increase their incomes; and, most of all, to safeguard social stability and long-term peace in Xinjiang. Article 33 of the Decision of 10 October 2018 to revise the Xinjiang Uyghur Autonomous Region regulation on de-radicalization (the “XUAR decision”) introduced a new provision defining the responsibility of the vocational education and training centres and other education and transformation bodies in de-radicalization efforts as follows: to carry out education and training efforts on the national spoken and written language, laws and regulations, and occupational skills; to organize and carry out de-radicalization ideological education, psychological rehabilitation, and behavioural corrections; and to promote ideological conversion of those receiving education and training, returning them to society and to their families.

The Decision read jointly with the white paper provide the basis to authorize the administrative detention for the purpose of ideological conversion, including of “people who participated in terrorist or extremist activities that posed a real danger but did not cause actual harm, whose subjective culpability was not deep, who acknowledged their offences and were contrite about their past actions and thus do not need to be sentenced to or can be exempted from punishment, and who have demonstrated the willingness to receive training” (White Paper on vocational education and training in Xinjiang). The white paper considers that education and training is not a measure to limit or circumscribe the freedom of the person but is rather an important measure to help trainees to break free from ideas of terrorism and religious extremism.

The Committee notes that the XUAR decision also lays down de-radicalization responsibilities for enterprises (article 46) and trade unions (article 34). Enterprises failing to perform their de-radicalization duties are subject to “criticism and education” by the unit they are located at or by their higher-ranking competent department and ordered to reform (article 47).

The Committee shares the concerns expressed by the Special Rapporteurs to the UN Human Rights Council (see commentary on the Counter-Terrorism Law of the People’s Republic of China (2015) and its Regional Implementing Measures; and the Xinjiang Uyghur Autonomous Region Implementing Measures of the Counter-Terrorism Law (2016)) about terrorist profiling practices based on a person’s ethnicity, national origin or religion in as much as they generate a climate of intolerance, which is conducive to discrimination in employment and occupation and forced labour practices such as those alleged in the observations of the ITUC.

In this regard, the Committee recalls that under Article 4 of the Convention, any “measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State shall not be deemed to be discrimination, provided that the individual concerned shall have the right to appeal to a competent body established in accordance with national practice”. However, the mere expression of religious, philosophical or political beliefs is not a sufficient basis for the application of the exception. Persons engaging in activities expressing or demonstrating opposition to established political principles by non-violent means are not excluded from the protection of the Convention by virtue of Article 4.

Having duly considered the information provided by the Government in response to these serious allegations, the Committee expresses its deep concern in respect of the policy directions expressed in numerous national and regional policy and regulatory documents and requests therefore the Government to:

(i) review its national and regional policies with a view to eliminating all distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation;

(ii) repeal provisions in the XUAR decision that impose de-radicalization duties on enterprises and trade unions and prevent enterprises and trade unions from playing their respective roles in promoting equality of opportunity and treatment in employment and occupation without discrimination based on race, national extraction, religion or political opinion;

(iii) revise national and regional policies with a view to ensuring that the activities of vocational guidance, vocational training and placement service serve the purpose of assisting ethnic and religious minorities in the development and use of their capabilities for work in their own best interests and in accordance with their own aspirations, account being taken of the needs of society;

(iv) amend national and regional regulatory provisions with a view to re-orienting the mandate of vocational training and education centers from political re-education based on administrative detention towards the purpose set out in (iii);

(v) provide information on the measures taken to ensure observance of the policy to promote equality of opportunity and treatment in vocational training activities carried out in Xinjiang’s vocational training and education centres; and

(vi) provide information on the measures taken to ensure observance of the policy to promote equality of opportunity and treatment for the Uyghurs and other ethnic minority groups when seeking to access employment outside the Xianjing Autonomous Province.

Articles 2 and 3. Equality of opportunity and treatment of ethnic and religious minorities, including in the civil service. Further to its request, the Committee notes the information provided by the Government regarding: (1) increased efforts on training programmes for skilled personnel in ethnic areas (more than 30 advanced training programmes in ethnical areas such as Inner Mongolia, Guangxi, Yunnan, Qinghai, Tibet, Guizhou, Ningxia, and Xinjiang), with a number of trained personnel reaching 10,000 people per year; (2) special training programmes for skilled personnel in Xinjiang and Tibet (selection of 200 ethnic talents selected from Xinjiang and 120 from Tibet); (3) the effective recruitment of a total of 25,000 ethnic civil servants nationwide in 2016 (13.3 per cent of the newly recruited civil servants) and 23,000 in 2017 (11.75 per cent of the newly recruited civil servants); and (4) the continuation of the workforce capacity building in ethnic areas, through intensified efforts to support the training targeted at civil servants in ethnic areas, thematic training sessions and on-site training workshops (14 sessions, with more than 870 civil servants engaged, since 2016) and active engagement in bilingual programmes. Noting these developments, the Committee requests the Government to continue to provide information on the measures taken, and their results, to promote equality of opportunity and treatment for ethnic and religious minorities, indicating if, and how, the social partners and the groups concerned are consulted when designing and implementing such measures. The Committee also requests the Government to provide information on the current employment situation of various ethnic and religious minorities inside and outside the autonomous regions, including employment data disaggregated by sex and ethnicity in the civil service.

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

[The Government is asked to supply full particulars to the Conference at its 110th Session and to reply in full to the present comments in 2022.]

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations made by the International Trade Union Confederation (ITUC), received on 6 October 2020, which are also being considered within the framework of its examination of the Employment Policy Convention, 1964 (No. 122). In its observations, the ITUC alleges that, on the basis of ethnic and religious discrimination against the Uyghur minority, the Government engaged in a widespread and systematic programme of forced labour, on an unprecedented scale affecting millions of people, under so-called “re-education programmes” throughout the Xinjiang Autonomous Uyghur Region; and draws the attention of the Committee to the examination of these issues within the UN Human Rights system, in particular by the UN Committee on the Elimination of Racial Discrimination in the context of the Universal Periodic Review on China. According to the ITUC, the Government imposes forced labour on ethnic minorities in the Xinjiang Autonomous Uyghur Region with the goal of social control and the assimilation of the Uyghur culture and identity. The Committee notes the information provided by the Government in response to these allegations, which has arrived too late for the Committee’s examination. The Committee will examine these matters next year along with the Government’s report in reply to its previous direct request.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee previously noted the legislative provisions prohibiting discrimination in employment, including the Labour Law of 1994, the Employment Promotion Law of 2007, the Law on the Protection of the Rights and Interests of Women of 1996, and the Regulation on Employment Service and Employment Management of 2008. The Committee noted in particular that section 12 of the Labour Law of 1994 and section 3 of the Employment Promotion Law of 2007 provided that “workers seeking employment shall not be discriminated against in employment on the basis of factors such as ethnicity, race, sex or religious belief”, omitting protection against discrimination on the basis of colour, political opinion, national extraction and social origin. The Committee notes that the Government’s report does not contain any information on how workers are protected in practice against discrimination based on colour, national extraction, social origin or political opinion in all aspects of employment. The Committee emphasizes that when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin (2012 General Survey on the fundamental Conventions, paragraph 854). The Committee urges the Government to provide specific information on how workers are protected in practice against discrimination at all stages of employment and occupation including on the grounds of colour, national extraction, social origin and political opinion, and whether any steps are being taken or envisaged to amend the existing legislation to prohibit discrimination expressly on these grounds.

Definition of discrimination. Given the absence of a definition of discrimination in the relevant laws or regulations, the Committee has been requesting the Government to indicate how workers are protected against indirect discrimination in employment and occupation. Noting that the Government’s report does not contain further information in this regard, the Committee once again emphasizes that the Convention covers both direct and indirect discrimination, which are distinct forms of discrimination. Indirect discrimination occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of particular characteristics (2012 General Survey, paragraphs 743 and 745). The Committee reiterates its request to the Government to provide information on how workers are protected in practice against indirect discrimination in employment and occupation, and whether any steps are being taken or envisaged to include a definition of discrimination in the relevant laws and regulations, with a view to ensuring that workers are protected against both direct and indirect discrimination.

Articles 1(1)(a) and 3. Discrimination based on sex. Retirement age. In its previous comments, the Committee noted the Government’s indication that the statutory retirement age is 60 for men, and 50 for women generally but 55 for female civil servants. The Committee notes the Government’s indication that it has issued the Circular on the retirement age of women cadres working for the government organs and people’s organizations whose level are chief of the department at county level and women professionals and technicians with senior professional titles, which entered into force in March 2015, stipulating that women in senior management may retire at 60 years of age. The Committee also notes that the Third Plenary Session of the 18th Communist Party of China (CPC) Central Committee adopted “The Decision on Major Issues Concerning Comprehensively Deepening Reforms” in 2013, in which the Central Committee decided to “stipulate policies for gradually suspending the retirement age of employees” in the near future (paragraph 45). The Committee also notes from the ILO publication Women in the labour market in China (2015) that one third of the female population will be above 50 years of age by 2020, which means that, under the current retirement scheme, one out of three women will have retired and rely on a pension in the near future (page 26). The Committee asks the Government to continue to provide information on the steps taken with a view to setting the same retirement age for men and women, including further measures taken to implement the Circular on the retirement age of women of March 2015 and the Decision taken by the CPC Central Committee in 2013 to gradually suspend the retirement age for employees.

Sexual harassment. The Committee recalls that section 11 of the Special Provisions on Labour Protection of Female Workers, which came into force on 18 April 2012, includes an obligation on the employer to prevent and prohibit sexual harassment against female workers at the workplace. The Committee notes that the Government provides no further information in this regard, but that the United Nations Committee on Economic Social and Cultural Rights noted in its concluding observations of June 2014 that sexual harassment in the workplace still occurred frequently (E/C.12/CHN/CO/2, 13 June 2014, paragraph 21). The Committee once again asks the Government to provide information on the practical application of section 11 of the Special Provisions on Labour Protection of Female Workers of 2012, as well as section 40 of the Law on the Protection of Women’s Rights and Interests of 1996, including information on any cases of sexual harassment dealt with by the competent authorities. The Committee reiterates its request to the Government to indicate if any consideration is being given to expanding protection against sexual harassment at the workplace to male workers, as well as to including a definition of sexual harassment to ensure that it covers both quid pro quo and hostile environment harassment.

Pregnancy and maternity. The Committee notes the Government’s indication that the Labour Contract Law of 2007 and the Special Rules on the Labour Protection of Female Employees of 2012 regulate labour contracts and wages of female employees during their periods of pregnancy, childbirth and lactation. The Government also indicates that pursuant to section 45 of the Labour Contract Law, labour contracts that reach their expiration during a female employee’s pregnancy, postnatal or breastfeeding periods are to be extended until the end of such periods, at which point they may be terminated. While welcoming this information, the Committee recalls that maternity protection is a precondition for gender equality and for non-discrimination in employment and occupation, and asks the Government to provide specific information on the measures taken to address employment discrimination faced by women based on the fact that they bear children and are seen as primary caregivers, in all stages of employment, including recruitment and promotion. Please also provide information on any measures taken to reconcile work and family responsibilities, targeting both men and women on an equal footing.

Discrimination based on social origin. With reference to its previous comments regarding the reform of the household registration system and the privileges attached to it, the Committee recalls that section 31 of the Employment Promotion Law provides that rural workers seeking employment in urban areas shall enjoy the same labour rights as urban workers and prohibits discriminatory restrictions against them. The Committee refers to its 2015 observation concerning the Employment Policy Convention, 1964 (No. 122), in which it noted the employment measures taken, including improvements to the equal employment system in rural and urban areas, as well as the strengthening of employment services and supportive policies with respect to rural migrant workers. It also notes from the Government’s report on Convention No. 122 the specific results achieved through the Trinity Working Mode and the “Spring Breeze Action” to promote the employment of migrant rural workers. Welcoming these measures, the Committee requests the Government to provide information on specific measures taken to ensure the effective enforcement of section 31 of the Employment Promotion Law, including with regard to the regulations and policies referred to by the Government to eliminate policy barriers to the employment of migrant rural workers. The Committee also reiterates its request to the Government to collect and provide information regarding the number of cases of discrimination against workers from rural areas that have been dealt with by the competent authorities and the results thereof.

Article 1(1)(b). Additional grounds of discrimination. HIV/AIDS, hepatitis B. In its previous comments, the Committee requested information on the practical application of section 19(2) of the Regulation on Employment Service and Employment Management of 2008 and a “Notice on Further Regulating the Medical Examination for Enrolment and Employment to Safeguard the HBsAg Carriers’ Rights to Education and Employment”, promulgated in February 2010, which provide that employers shall not conduct tests for hepatitis B viral markers in medical examinations for employment. The Committee notes the Government’s indication that the provisions on employment services and employment management provide that no employer may refuse employment because a worker carries a pathogen of infectious diseases such as HIV/AIDS and hepatitis B, unless the work easily causes the spreading of the disease as defined under state laws, regulations, or provisions by the health administrative department under the State Council. Furthermore, fines and compensatory damages are paid by the employer to the employee in cases of violation. The Committee requests the Government to provide additional information on the practical application of the Notice on Further Regulating the Medical Examination for Enrolment and Employment to Safeguard the HBsAg Carriers’ Rights to Education and Employment of 2010, in particular any cases of violations detected by or reported to the competent authorities. It also asks the Government to provide information on any other measures taken to address discrimination based on HIV and AIDS, hepatitis B and other infectious diseases, including by the Institutions for Labour Supervision of the Ministry of Human Resources and Social Security.

Article 2. Equality of opportunity and treatment between women and men. The Committee notes from the ILO publication Women in the labour market in China (2015) that the labour force participation rate of women has decreased between 1990 and 2013, from 72.7 to 63.9 per cent, and that the difference between men and women in this regard has widened from 12.1 per cent in 1990 to 14.4 per cent in 2013, along with the observation that this can be in part attributed to the elimination of positions in the public sector (pages 5 and 8). The Committee also notes from the same publication that the second largest decline in participation rates has been witnessed for women aged 25 to 34 (following school-aged girls), which the publication attributes to reigning social beliefs about women and their place in society, as well as decreased institutional support provided to workers with family responsibilities for childcare (page 6). The ILO publication observes that sectorial and occupational gender segregation exists, with more women than men engaged in low productivity agriculture (44.5 per cent of women compared to 33 per cent of men in 2012), and more men than women employed as “unit heads” (only 25 per cent of women were employed as “unit heads”) as of 2012 (page 11). The Committee notes the Government’s indication that the All-China Women’s Federation offers advice to promote gender equality in employment in the meetings of the National People’s Congress and the Chinese People’s Political Consultative Conference; implements measures to improve the capacity of young female entrepreneurship and employment through mentorships, small-sum guaranteed loans, and financial interest subsidies; and conducts research regarding the situation of gender discrimination in employment. The Committee also notes that paragraphs 42 and 43 of the Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Deepening the Reform, adapted at the 3rd Plenary Session of the 18th CPC Central Committee on November 16, 2013, states that a modern vocational educational system will be established and that “all institutional barriers and employment discrimination that affect equal employment, such as … gender [will be removed]”. The Committee requests the Government to continue to provide information on specific measures taken to promote and ensure women’s equality of opportunity and treatment in employment and occupation in the private and public sectors, and in rural and urban areas, including those taken as a result of the decision of the CPC Central Committee in 2013. The Committee also asks the Government to provide detailed information of the results achieved through measures taken to address horizontal and vertical occupational gender segregation, including through vocational training, employment promotion, and small-sum secured loans. Please also provide updated statistical information on the participation of women and men in employment in different sectors and occupations.

Equality of opportunity and treatment of ethnic minorities. The Committee recalls that section 28 of the Employment Promotion Law of 2007 and section 17 of the Regulation on Employment Service and Employment Management of 2008 provide that an employer shall give appropriate consideration to workers of ethnic minorities in recruitment, and that the Law on Regional Ethnic Autonomy of 1984 seeks to promote training, education and access to employment for men and women of local ethnic minorities in the organs of self-government in autonomous areas. The Committee notes that the Government refers to section 18 of the Law on Regional Ethnic Autonomy of 1984 which provides that self-government organs “should, whenever possible” recruit from candidates “from among citizens of the nationality exercising regional autonomy and of other minority nationalities in the area”, and to section 67 which stipulates that “enterprises and institutions affiliated to state organs at higher levels but located in national autonomous areas shall give priority to local minority nationalities when recruiting personnel in accordance with the regulations of the State”. The Government further provides information on various policy measures including vocational training, employment assistance and information services, employment promotion of the rural labour force, promotion of employment within central enterprises, and the updating of curricula of educational institutions in regions with high minority populations. The Government also indicates that measures have been taken to promote the employment of college graduates in three ethnic minority areas, and that Notice No. 5 on Strengthening Employment Information Service for College Graduates has been issued by the Office of Teaching in 2013 in this regard. The Committee notes, however, that the Government does not provide statistical data on the employment of ethnic minorities as was previously requested by the Committee. The Committee asks the Government to continue to provide information on the practical application of the Employment Promotion Law of 2007 and the Law on Regional Ethnic Autonomy of 1984 in ensuring equality of opportunity and treatment of ethnic minorities in employment and occupation, and on the results achieved by such action taken in accordance with Article 3(f) of the Convention. Please also provide information on the current situation of various ethnic minorities in employment and occupation inside and outside the autonomous regions, including employment data disaggregated by sex and ethnicity.

Article 5. Protective measures. The Committee previously noted that provisions in a number of laws and regulations restrict the work that women can undertake, in particular: section 26 of the Law on the Protection of Women’s Rights and Interests of 1996, which provides that women shall not be assigned to any work or physical labour not suited to them; section 13 of the Labour Law of 1994, section 27 of the Employment Promotion Law of 2007, section 3 of the Regulation on the Administration of Human Resources Markets, section 16 of the Regulation on Employment Service and Employment Administration, which allow the State to determine the types of work and posts that are not suitable for women; and section 59 of the Labour Law of 1994 prohibits women working in mines or undertaking physically intense work as determined by the State, or “other work that female workers should avoid”. The Committee notes that the Government reiterates that the Special Provisions on Labour Protection of Female Workers of 2012 has repealed the Provisions on Labour Protection of Female Workers of 1988. However, the Government also indicates that while the new regulation narrows the range of work that is restricted for married women workers and workers on menstrual periods, the scope of prohibited work for women has expanded. The Committee again draws the Government’s attention to the detrimental effect such restrictions can have on the equality of opportunity and treatment of women in employment and occupation. The Committee emphasizes that protective measures that go beyond protecting maternity in the strict sense, but rather are aimed at protecting women generally because of their sex or gender, are contrary to the Convention and constitute obstacles to the recruitment and employment of women (2012 General Survey, paragraph 838). The Committee asks the Government to provide information on the practical implementation of laws and regulations, including the Special Provisions on Labour Protection of Female Workers of 2012, that restrict the work that women can undertake, including measures taken or envisaged to ensure that any protective measures are strictly limited to maternity protection. Please also provide information on any measures taken pursuant to section 25 of the Employment Promotion Law of 2007 to support and aid women workers who have difficulties getting jobs.

Monitoring and enforcement. The Committee notes the Government’s indication that the Ministry of Human Resources and Social Security, the Ministry of Industry and Commerce, and the Ministry of Public Security have jointly launched a nationwide special action to inquire, clean up and address employment discrimination. With regard to labour security inspection, the Committee notes the Government’s indication that there is an imbalance in the degree of development between regions, but that the grid and network management of national labour security inspection is being promoted to strengthen this function. The Government further indicates that the coverage rate of the grid and network management of national labour security inspection over prefecture-level cities has reached 87 per cent as of the end of 2014. The Committee notes, however, that no information has been provided concerning the number of cases submitted to relevant authorities involving violations of the principle of the Convention. The Committee asks the Government to provide additional information on the enforcement of the non-discrimination provisions, including the possibility of workers to bring court cases and make requests for mediation or arbitration of labour disputes relating to discrimination. It also asks the Government to provide information on measures taken under the nationwide special action by the Ministries of Human Resources and Social Security, Industry and Commerce, and Public Security, as well as those taken under the framework of the grid and network management of national labour security supervision, in order to strengthen the capacity of the labour inspectorate to detect and address violations relating to the principle of the Convention, and the results achieved. The Committee urges the Government to provide information on the number, nature and outcome of complaints and cases of discrimination, originating from both the public and the private sectors, dealt with by the people’s courts and other dispute resolution mechanisms, including information on the remedies granted and sanctions imposed.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee recalls that there are a range of legislative provisions prohibiting discrimination in employment, including in the Labour Law, the Employment Promotion Law, the Law on the Protection of the Rights and Interests of Women, and the Regulation on Employment Service and Employment Management of 2008. The Committee recalls, in particular, that section 12 of the Labour Law and section 3 of the Employment Promotion Law provide that “workers seeking employment shall not be discriminated against in employment on the basis of factors such as ethnicity, race, sex or religious belief”. Regarding the Committee’s previous request for information on how workers are protected against discrimination based on colour, national extraction, social origin or political opinion, the Government merely refers to the legislative provisions on non-discrimination, none of which specifically refer to these grounds. The Committee recalls that when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin. The Committee also recalls that the principle of equality of opportunity and treatment should apply to all aspects of employment and occupation, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment (see Article 1(3) of the Convention). The Committee asks the Government to provide specific information on how workers are protected against discrimination at all stages of employment and occupation including on the grounds of colour, national extraction, social origin and political opinion, and whether any steps are being taken or envisaged to amend the existing legislation to prohibit discrimination expressly on these grounds.

Definition of discrimination. In its previous comments, the Committee noted that a definition of discrimination had not been included in any of the relevant laws or regulations. The Committee notes the Government’s indication that there is no distinction between direct or indirect discrimination in the legislation. The Committee recalls that the Convention covers both direct and indirect discrimination, which are distinct forms of discrimination. Indirect discrimination occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of particular characteristics (see General Survey on fundamental Conventions, 2012, paragraphs 743 and 745). The Committee asks the Government to provide information on how workers are protected against indirect discrimination in employment and occupation, and whether any steps are being taken or envisaged to include a definition of discrimination in the relevant laws and regulations, with a view to ensuring that workers are protected against both direct and indirect discrimination.

Article 1(1)(b). Additional grounds of discrimination. The Committee notes that section 19(2) of the Regulation on Employment Service and Employment Management of 2008 and a “Notice on Further Regulating the Medical Examination for Enrolment and Employment to Safeguard the HBsAg Carriers’ Rights to Education and Employment”, promulgated in February 2010, provide that employers shall not conduct tests for hepatitis B viral markers in medical examinations for employment. The Committee also notes the Government’s indication that the Government promotes the hiring of a certain proportion of persons with disabilities at all enterprises and institutions. The Government indicates that by the end of 2009, the number of persons with disabilities employed reached 4.434 million in urban areas, and 17.57 million persons with disabilities in the rural areas had found stable jobs. The Committee asks the Government to provide information on the practical application of the Notice on Further Regulating the Medical Examination for Enrolment and Employment to Safeguard the HBsAg Carriers’ Rights to Education and Employment, including any cases of violations detected by or reported to the competent authorities. It also asks the Government to provide information on any other measures taken to address discrimination based on disability, HIV and AIDS, hepatitis B and other infectious diseases.

Discrimination based on sex. Retirement age. The Committee notes the Government’s indication that the statutory retirement age is 60 for men, 50 for women generally but 55 for female civil servants. The Committee notes that the Government cites the result of a survey conducted by the Women’s Studies Institute of China, released in March 2011, indicating that there are differing preferences and attitudes as regards maintaining different retirement ages for men and women. The Government further indicates in its report of 2012 that relevant government departments are considering the adoption of 60 years or more as the unified retirement age for men and women, but that the Government has concerns that there will be strong opposition from society to the unified retirement age. The Committee recalls that differences in retirement ages between women and men can be discriminatory where the amount of the pension is linked to the length of contributory service, as women will receive a lower pension than men. Earlier retirement ages for women can also have a negative impact on women’s career paths and access to higher level positions (General Survey, 2012, paragraph 760). The Committee asks the Government to continue to provide information on the steps taken with a view to unifying the retirement age for men and women.

Sexual harassment. The Committee notes that section 11 of the Special Provisions on Labour Protection of Female Workers, which came into force on 18 April 2012, includes an obligation on the employer to prevent and prohibit sexual harassment against female workers at the workplace. The Committee asks the Government to provide information on the practical application of section 11 of the Special Provisions on Labour Protection of Female Workers of 2012, as well as section 40 of the Law on the Protection of Women’s Rights and Interests, including information on any cases of sexual harassment dealt with by the competent authorities. The Committee also asks the Government to indicate if any consideration is being given to expanding protection against sexual harassment at the workplace to male workers, as well as to including a definition of sexual harassment to ensure that it covers both quid pro quo and hostile environment harassment.

Discrimination based on pregnancy and maternity. The Committee again asks the Government to provide detailed information on the measures taken to address employment discrimination faced by women based on the fact that they bear children and are seen as primary caregivers, including measures to reconcile work and family targeting both men and women on an equal footing.

Discrimination based on social origin. The Committee recalls that discrimination and lack of equal opportunities based on social origin refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned only certain jobs. It may include household registration if privileges are attached to this registration (General Survey, 2012, paragraph 802). The Committee also recalls that the Committee on the Application of Standards of the International Labour Conference in 2009 requested the Government to report under the Employment Policy Convention, 1964 (No. 122), on the steps taken for the revision of the residence and work permit system for internal migrant workers. The Committee notes the Government’s indication concerning rural migrant workers that it has strengthened work safety and public health training, expanded social insurance coverage, and carried out supporting programmes. It also notes the Government’s indication under Convention No. 122 that it has abolished policies and regulations that restrict the rural labour force to be employed in urban areas and transregionally, and that it is steadily and proactively pushing forward the reform of the household registration system. The Committee asks the Government to continue to provide information on the specific measures taken to ensure the effective enforcement of section 31 of the Employment Promotion Law, including information regarding the number of cases of discrimination against workers from rural areas that have been dealt with by the competent authorities and the results thereof.

Article 2. Equality of opportunity and treatment between women and men. The Committee notes that in 2009 the Government issued a Notice on Implementing the Special Plan for Vocational Training for the period from 2009–10. The Committee also notes the Government’s indication that as a result of active employment policies to promote female employment including through tax exemption, post subsidies and vocational training allowances, by the end of 2009, over 358 million women were employed, accounting for 46 per cent of the entire working population. The Government also indicates that the small-sum secured loans became available for female workers in 2009, and the limit of small-sum secured loans for female workers was set higher than that for male workers. The Committee further notes the Government’s indication in the context of addressing occupational gender segregation that the Government has taken measures to support rural women to transfer to non-agricultural industries. The Committee requests the Government to continue to provide information on the specific measures taken to promote and ensure women’s equality of opportunity and treatment in employment and occupation in the private and public sectors, and in rural and urban areas. The Committee also asks the Government to provide detailed information on the measures taken to address horizontal and vertical occupational gender segregation, including under the Notice on Implementing the Special Plan for Vocational Training for the period from 2009–10, as well as on the concrete impact of the small-sum secured loans on promoting greater access of women to better-paid employment and occupations. Please also provide updated statistical information on the participation of women and men in employment in the different sectors and occupations.

Equality of opportunity and treatment of ethnic minorities. The Committee recalls that section 28 of the Employment Promotion Law and section 17 of the Regulation on Employment Service and Employment Management of 2008, provide that an employer shall give appropriate consideration to workers of ethnic minorities in recruitment, and that the Law on Regional Ethnic Autonomy seeks to promote training, education and access to employment of men and women of local ethnic minorities in the organs of self-government in autonomous areas. The Committee notes the Government’s indication that it has intensified its support to the socioeconomic development of the ethnic minority areas, including in the field of education. The Government indicates that 686 out of 699 counties in the ethnic autonomous areas had achieved nine-year compulsory education by the end of 2009, and met the target of virtually eradicating illiteracy among the young and middle-aged population. The remaining 13 counties had plans to meet these goals by 2010. The Committee asks the Government to continue to provide information on the practical application of the Employment Promotion Law and the Law on Regional Ethnic Autonomy in ensuring equality of opportunity and treatment of ethnic minorities in employment and occupation. Please also provide information on the current situation of the various ethnic minorities in employment and occupation inside and outside the autonomous regions, including employment data disaggregated by sex and ethnicity.

Article 5. Special measures of protection and assistance. The Committee recalls that provisions in a number of laws and regulations restrict the work that women can undertake. The Committee recalls in particular that section 26 of the Law on the Protection of Women’s Rights and Interests provides that women shall not be assigned to any work or physical labour not suited to them; section 13 of the Labour Law, section 27 of the Employment Promotion Law, section 3 of the Regulation on the Administration of Human Resources Markets, and section 16 of the Regulation on Employment Service and Employment Administration allow the State to determine the types of work and posts that are not suitable for women; section 59 of the Labour Law prohibits women working in mines or undertaking physically intense work as determined by the State, or “other work that female workers should avoid”. The Committee notes the Government’s indication that the Special Provisions on Labour Protection of Female Workers of 2012, repealing the Provisions on Labour Protection of Female Workers of 21 July 1988, sets out and updates the work prohibited for women. The Committee draws the Government’s attention to the detrimental effect such restrictions can have on the equality of opportunity and treatment of women in employment and occupation. The Committee recalls that protective measures that go beyond protecting maternity in the strict sense, but rather are aimed at protecting women generally because of their sex or gender, are contrary to the Convention and constitute obstacles to the recruitment and employment of women (General Survey, 2012, paragraph 838). While awaiting the translation of the Government’s new report and the Special Provisions on Labour Protection of Female Workers of 2012, the Committee asks the Government to indicate how it is ensured that any protective measures are strictly limited to maternity protection. Please also provide information on any measures taken pursuant to section 25 of the Employment Promotion Law to support and aid those who have difficulties getting jobs.

Parts III and IV of the report form. Supervision and enforcement. The Committee notes the Government’s indication that it has established 3,291 labour and social security inspection organs, with 23,000 full-time inspectors and 25,000 part-time inspectors. The Committee asks the Government to provide information on the supervision and enforcement of the non-discrimination provisions, including the possibility of workers bringing court cases and making requests for mediation or arbitration of labour disputes relating to discrimination. The Committee again asks the Government to provide information on the number, nature and outcome of complaints and cases of discrimination, originating from both the public and the private sectors, dealt with by the people’s courts and other dispute resolution mechanisms, including information on the remedies provided and sanctions imposed.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s first and second reports on the application of the Convention. Following their examination, the Committee wishes to draw the Government’s attention to the following matters.

Article 1, paragraph 1(a), of the Convention. Definition of discrimination. The Committee recalls that the definition of discrimination set out in Article 1 of the Convention covers direct and indirect discrimination. However, it notes that the term discrimination has not been defined in the legislation. The Committee therefore requests the Government to indicate whether the legislation covers indirect discrimination, and it also recommends that the Government considers including a definition of discrimination in the legislation.

Prohibited grounds of discrimination. The Committee recalls that under the Convention, ratifying Members are required to address discrimination based on race, colour, sex, religion, political opinion, national extraction and social origin. In this context, the Committee notes that section 12 of the Labour Law provides that “workers shall not be discriminated against in employment on the basis of their ethnic community, race, sex, or religious belief”. Section 3 of the Employment Promotion Law provides that “workers seeking employment shall not be subject to discrimination based on factors such as ethnicity, race, sex, religious belief, etc.”. The Committee requests the Government to indicate how the legislation in force ensures that discrimination based on all the grounds listed in Article 1(1)(a) is prohibited in respect to all stages of the employment process. In this regard, please also provide specific information on how workers are protected against discrimination based on colour, national extraction, social origin or political opinion.

Article 1, paragraph 1(b). Additional grounds. The Committee notes that Chinese laws and regulations address employment discrimination based on disability, HIV/AIDS, hepatitis B and other infectious diseases. The Committee requests the Government to continue to provide information on the measures taken to address discrimination on these grounds.

Article 1, paragraph 2. Inherent requirements of the job. The Committee notes that, according to the Government’s report, section 11 of the regulation Labour Market Management provides that “[w]hen recruiting a person, the employer shall not refuse to hire or raise thresholds of employment on the basis of gender, nationality, race or religious belief, unless otherwise prescribed by the state as unsuitable types of work or posts”. The Committee requests the Government to clarify whether these provisions permit exclusion from certain types of work on the basis of nationality, race or religious belief; if the answer is in the affirmative, please provide information on the specific types of work or posts which have been determined by the State as “unsuitable” in connection with nationality, race or religious belief, and elaborate on the reasons for doing so.

Article 2. Equality of opportunity and treatment of women and men. The Committee notes that the Labour Law, the Employment Promotion Law and the Law on the Protection of Women’s Rights and Interests provide the legal framework for addressing discrimination based on sex in employment and occupation, with the aim to achieving equality. The Committee also notes the information provided on measures taken to strengthen women’s participation in the labour market, including through vocational guidance and training and employment services. The Committee requests the Government to continue to provide information on the specific measures taken to promote and ensure women’s equality in employment and occupation in private and public employment, and in rural and urban areas. In this regard, the Committee requests the Government to provide detailed information on the measures taken to address horizontal and vertical occupational segregation based on sex and to promote greater access of women to better paid jobs. Please also provide updated statistical information on participation of women in employment in the different sectors and occupations.

Discrimination during recruitment and selection. The Committee notes that section 16 of the Regulation on Employment Service and Employment Administration provides that job descriptions and/or recruitment advertisements issued by employers shall not include discrimination content. Noting that discrimination during recruitment and selection is a form of discrimination particularly affecting women, the Committee encourages the Government to pay continued attention to this issue and to indicate any measures taken to prevent and eliminate such discrimination.

Discrimination based on pregnancy and maternity.  The Committee notes that several legal provisions seek to address discrimination against women based on pregnancy and maternity. For instance, section 27 of the Employment Promotion Law provides that employers shall not include restrictions in the employment contract regarding marriage or pregnancy. Section 42(3) of the Labour Contract Law prohibits the termination of labour contracts of women workers during pregnancy, post-natal and breastfeeding periods. The Committee requests the Government to provide more detailed information on the measures taken to address employment discrimination faced by women due to the fact that they bear children and are seen as primary care givers, including measures to ensure compliance with the legislation and to facilitate work and family balance, targeting both men and women.

Sexual harassment. The Committee welcomes that section 40 of the Law on the Protection of Women’s Rights and Interests, as amended in 2005, prohibits sexual harassment at work, although there is no definition of what constitutes such sexual harassment. The Committee encourages the Government, in collaboration with workers’ and employers’ organizations, to continue its efforts to put in place effective laws, policies and practical measures to prevent and address sexual harassment at the workplace, and to provide information on any further developments in this regard. Please also provide information on any cases of sexual harassment dealt with by the courts and the relevant Government departments.

Discrimination based on social origin. The Committee notes that section 31 of the Employment Promotion Law provides that rural workers seeking employment in urban areas shall enjoy the same labour rights as urban workers and prohibits discriminatory restrictions against them. The Committee also refers to its 2008 observation regarding the Employment Policy Convention, 1964 (No. 122), in which it noted that millions of internal migrant workers cannot obtain an urban residence and work permit (hukou) and recalls that the Committee on the Application of Standards of the International Labour Conference requested the Government to report under Convention No. 122 on the steps taken for the revision of the residence and work permit system, with a view to achieving a unified labour market. The Committee requests the Government to provide detailed information on the specific measures taken to ensure the effective enforcement of section 31 of the Employment Promotion Law, including indications regarding the number of cases of discrimination against workers from rural areas that have been dealt  with by the competent authorities.

Equality of opportunity and treatment of ethnic minorities. The Committee notes that section 29 of the Employment Promotion Law provides that workers of all ethnic groups enjoy equal labour rights and that employers shall give appropriate consideration to the recruitment of workers of ethnic minorities. The Law on Regional Ethnic Autonomy seeks to promote training and access to employment of men and women of local ethnic minorities in the organs of self‑government in autonomous areas. While noting these measures, the Committee requests the Government to provide information on the current situation of the various ethnic minorities in employment and occupation inside and outside the autonomous regions, including employment data disaggregated by sex and ethnicity.

Article 5. Special measures of protection. The Committee notes that under section 26 of the Law on the Protection of Women’s Rights and Interests, employment units shall not assign women “any work or physical labour not suitable for them”. Section 59 of the Labour Law prohibits arranging for women workers to work in mine pits, “or in work with Grade IV physical labour intensity as stipulated by the State, or other work that female workers should avoid”. The Employment Promotion Law permits employers to exclude women from recruitment if it relates to “types of work or posts that are not suitable for women as stipulated by the State”. Similar provisions are contained in section 16 of the Regulation on Employment Service and Employment Administration and section 11 of the Regulation on Labour Market Management. The Committee requests the Government to provide more detailed information on the specific types of work or posts that have been determined as “not suitable” for women and on the specific reasons and justification.

Supervision and enforcement. The Committee notes the information provided regarding the supervision of the non-discrimination provisions, including the possibility of workers bringing court cases and making requests for mediation or arbitration of labour disputes relating to discrimination. The Committee requests the Government to provide information on the number, nature and outcomes of cases based on the various prohibited grounds dealt with by the responsible government departments and courts, including information on the remedies provided or sanctions imposed.

General assessment. The Committee notes the Government’s indication that the elimination of discrimination in employment and occupation is considered to be a long-term task. The Government also states that it is necessary to further improve the legislation and relevant regimes for the promotion of equality and enhance law enforcement as well as supervision. It also considers strengthening advocacy and public awareness raising as important in order to achieve equality in employment and occupation. The Committee further notes that China has benefited from cooperation with the ILO over a number of years, most recently through a technical cooperation project aiming at strengthening the Government’s capacity to apply the Convention. The Committee encourages the Government to continue its efforts to strengthen its national laws and policies in accordance with the Convention and to continue to seek the ILO’s cooperation and assistance in this regard.