In mid-June, a scandal broke out in Hongdong County, Shanxi Province, and localities in Henan Province over the discovery of workers forced to work in slave-like conditions. Public indignation in China was particularly aroused by reports that local officials had conspired with the owner of a Hongdong brick kiln in the trafficking of under-aged workers. According to news reports, at least 359 people have been rescued so far, including not only minors, but also dozens of mentally handicapped people, and many adult migrants abducted while seeking employment.
These numbers clearly represent only a small proportion of victims of a phenomenon that extends throughout China. Subsequent reports in official media disclosed that in Shanxi Province alone, two thirds of brick kilns operate without all the required licenses, affecting some 53,000 workers, and that a total of 720,000 yuan was owed to more than 1,000 workers. More than 300 kilns have been closed since the scandal broke, and more than 350 are under investigation.
What is the Chinese government doing to address this problem?
President Hu Jintao and Premier Wen Jiabao have expressed strong concerns, and have launched a full-scale investigation into the situation. In Shanxi Province, a joint investigation by the Ministry of Labor and Social Security, the Ministry of Public Security and the All-China Federation of Trade Unions has resulted in 35 people being detained, another 10 arrested and 20 more still being sought. In order for official investigations to be transparent and credible, however, the public must be able to monitor progress and have open access to information, not only on these individual cases, but also on the general situation of forced labor, child labor and human trafficking in China.
What are the relevant domestic and international provisions on child labor?
There are numerous domestic and international standards protecting workers, including children, in China. Specifically, the Chinese Criminal Law makes the sale of children and trafficking in persons illegal. Further, the Chinese Labor Law includes protections for the health and safety of workers, and also prohibits the hiring of children while providing special protections for young workers. China has also become increasingly active in signing and ratifying international treaties and conventions. China has ratified key international treaties on labor rights that require it to not only pass laws but also take active steps to implement the international standards.
These international standards include:
- International Covenant on Economic, Social and Cultural Rights (ratified by China in 2001)
- Convention on the Rights of the Child (ratified by China in 1992)
- Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO No. 182) (ratified by China in 2002)
- Convention concerning Minimum Age for Admission to Employment (ILO No. 138) (ratified by China in 1999)
- Convention concerning Vocational Rehabilitation and Employment (Disabled Persons) (ILO No. 159) (ratified by China in 1988)
- Convention concerning Occupational Safety and Health (ILO No. 155) (ratified by China in 2007)
Labor rights violations and child labor in China are long-standing problems. Human Rights in China (HRIC) addresses these abuses through its research, international advocacy and media work:
International advocacy:
- In 2005, HRIC prepared an NGO report to the UN body that oversees the implementation of the Convention on the Rights of the Child (HRIC 2005 Report to the Committee on the Rights of the Child), which includes sections on child exploitation and labor. It can be found at http://hrichina.org/public/contents/23908.
HRIC also contributed to and observed the review of China's report by the Committee. The Committee's conclusions and recommendations, including that China should strengthen systems monitoring child trafficking, can be found at http://www.ohchr.org/english/bodies/crc/crcs40.htm. - In 2005, HRIC prepared an NGO report to the UN body that oversees the implementation of the International Covenant on Economic, Social and Cultural Rights (HRIC 2005 Report to the Committee on Economic, Social and Cultural Rights), which includes an examination of labor rights in China. It can be found at http://hrichina.org/public/contents/22060.
HRIC also contributed to and observed the review of China's report by the Committee. The Committee's conclusions and recommendations, including that China should take steps to implement standards prohibiting child labor, can be found at http://www.ohchr.org/english/bodies/cescr/cescrs34.htm.
More recently HRIC has sought to focus attention on some of the main issues in the Shanxi slave labor incident with radio stations in Austria and the Netherlands, two countries with strong trade relations with China.
The Chinese government's intervention and response so far are steps in the right direction towards addressing a massive labor and children's rights scandal. However, as HRIC's recently released report, State Secrets: China's Legal Labyrinth, demonstrates, any steps taken, including official investigations, will be hampered by the existing state secrets system and its control over the dissemination of information. HRIC's report details a comprehensive range of information and statistics classified as secret, including:
- Undisclosed information and data on the handling of child labor cases nationwide (highly secret)
- Compiled data at the provincial level and higher regarding the trafficking of women and children (secret)
- Stay informed: Familiarize yourself with the domestic and international standards that apply in China, and be aware of where your products come from.
- Visit Web sites that monitor and track where products are made. E.g.: Play Fair 2008, the Workers Rights Consortium, and the Fair Labor Association;
- Read information from groups working on labor issues in China: e.g., China Labour Bulletin; China Labor Watch; Asia Monitor Resource Centre.
- Visit Web sites that monitor and track where products are made. E.g.: Play Fair 2008, the Workers Rights Consortium, and the Fair Labor Association;
- Make your voice heard at the international level: For example, send a complaint to the United Nations Special Rapporteur on trafficking in persons, especially in women and children, who can monitor problems and send appeals on situations of concern:
- The Special Rapporteur takes action on all cases of trafficking in persons, including cases of forced labor and slavery;
- If she receives adequate information, the Special Rapporteur will take action by sending an individual complaint or urgent appeal to the Chinese government;
- The source of the complaint remains confidential;
- Information on the Special Rapporteur as well as instructions as to how to send a complaint can be found at: http://www.ohchr.org/english/issues/trafficking
- The Special Rapporteur takes action on all cases of trafficking in persons, including cases of forced labor and slavery;
- Monitor your government's trade, human rights and other bilateral relationships with China, and urge that child labor and other labor abuses be addressed by writing to local and national leaders.
- Urge your government as a member of the ILO to initiate a complaint against the PRC under the ILO complaints procedure.
- Under this procedure, a country can file a complaint against another ILO member state for not complying with a convention it has ratified, if both countries have ratified the convention at issue.
- After this a Commission of Inquiry may be established, consisting of three independent members who carry out a full investigation and make recommendations. The Commission of Inquiry is the ILO's highest-level investigative procedure and is set up where there are persistent and serious violations of a convention alleged.
- To date, 11 Commissions of inquiry have been established.
- Get more information at: http://www.ilo.org/public/english/
standards/norm/applying/complaints.htm.
- Under this procedure, a country can file a complaint against another ILO member state for not complying with a convention it has ratified, if both countries have ratified the convention at issue.
- Monitor the progress of the official investigation by following reports in the media and assessments by civil society.
- Share your suggestions for further action: E-mail us at hrichina@hrichina.org.
