Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Chine (Ratification: 2002)

Article 3(a) of the Convention. Worst forms of child labour. Sale and trafficking of children. The Committee previously noted that section 240 of the Criminal Law of 1997 prohibits trafficking in women and children and that the term “children” under section 240 of the Criminal Code is defined as persons under 14 years of age, leaving no specific prohibition of trafficking of boys aged 14–18 years. In this regard, the Committee notes that the Government, in its report, reiterates its previous statement that boys aged 14–18 years are protected by other legislation and that, if they are trafficked, the law punishes such acts based on the specific illegal activity committed such as forced labour, organizing or forcing prostitution or organizing minors to engage in activities that violate public security administration. The Committee must therefore once again recall that Article 3(a) requires the adoption of provisions specifically prohibiting the sale and trafficking of both boys and girls under 18 years of age (2012 General Survey on the fundamental Conventions, paragraph 450). The Committee therefore requests the Government to take the necessary measures to ensure that section 240 of the Criminal Code is amended to extend the prohibition of trafficking to boys aged 14 to 18 years.

Articles 5 and 7(1). Monitoring mechanisms and penalties. Sale and trafficking of children. The Committee notes the Government’s indication that: (1) an inter-ministerial joint conference system for anti-trafficking work was established, with the aim of creating a long-term mechanism that integrates prevention, enforcement, rescue, placement and rehabilitation; (2) in 2022, the Supreme People’s Procuratorate, the Supreme People’s Court and the Ministry of Public Security established a joint coordination mechanism to combat trafficking of women and children and related crimes; (3) public security departments regularly carry out special crackdowns on trafficking and sexual crimes, including through the continued implementation of the “Reunion” operation launched in 2021; and (4) special actions have been taken to solve the backlog of abduction and trafficking cases, focusing on apprehending suspects involved in child trafficking and locating missing and trafficked children.

The Committee further takes note of the Government’s statement that the Supreme People’s Procuratorate has been rigorous in approving arrests and prosecutions for crimes that severely violate minors’ rights such as trafficking, and in making recommendations on heavy sentencing. Among the activities of the Supreme People’s Procuratorate, the Committee notes: (1) the issuance in November 2022 of five decisions punishing the crimes of abduction and trafficking in women and children, strengthening the case-handling guidance for crimes such as trafficking, buying and selling, and forced prostitution; and (2) the provision of ongoing supervision and guidance on more than 70 major and sensitive cases involving crimes against minors, including cases of child trafficking.

With regard to data on investigations, the Government indicates that, in 2022, a total of 824 child trafficking cases were solved nationwide. Since 2021, 2,841 individuals have been prosecuted for organizing, coercing, inducing, harbouring, or introducing minors to prostitution, which is closely related to gangland crimes. The Committee requests the Government to continue taking measures to ensure that perpetrators of child trafficking are subjected to thorough investigations and prosecutions and that dissuasive penalties are imposed. In this regard, the Committee requests the Government to continue to provide information on the number of investigations, prosecutions and convictions, as well as the specific penalties imposed in cases of sale and trafficking of children. If possible, such data should be disaggregated by the age and sex of the victim.

Article 6. Programmes of action to eliminate the worst forms of child labour. Child trafficking. The Committee notes, from the Government’s information, the adoption of the National Programme for Child Development (2021–2030), which provides that crimes such as child trafficking must be severely punished in accordance with the law and establishes a detailed list of strategies and measures. These measures include strictly cracking down on illegal and criminal acts such as child trafficking, continuing to implement and strengthen a long-term anti-trafficking mechanism that integrates prevention, enforcement, rescue, placement and rehabilitation, and continuing to implement the Plan of Action Against Human Trafficking (2021–2030).

The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expressed concern about: (1) the high prevalence of trafficking in women and girls; (2) reports of organized criminal groups subjecting Chinese and foreign women and girls to forced labour in domestic service, forced concubinage and forced childbearing, and sex trafficking within and into China, luring victims with fraudulent job offers or forced and fraudulent marriage; and (3) the fact that China is a country of destination for trafficking in women and girls from the Democratic People’s Republic of Korea for purposes of sexual exploitation, forced marriage or concubinage (CEDAW/C/CHN/CO/9, 31 May 2023, paragraphs 27 and 29). The Committee requests the Government to continue taking measures within the framework of the Plan of Action Against Human Trafficking (2021–2030) and the National Programme for Child Development (2021–2030) to prevent and combat the trafficking of children under 18 years. It requests the Government to provide information on the measures taken to this end and the results achieved.

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