International Solidarity (ICFTU, Union Statements)

UN comments on the implementation of ICESCR in China

In April 2005, the Committee on Economic, Social and Cultural Rights considered the initial report from the Chinese government on the implementation of the International Covenant on Economic, Social and Cultural Rights . In May 2005 it adopted a set of observations which cover all aspects of the IESCR. Below are extracts which relate to labour rights issues in the People's Republic of China.

In April 2005, the ICFTU submitted a report to the committee whose observations closely follow ICFTU criticisms of China's lack of progress towards freedom of association and its breaches of article 8 of the Covenant on several counts.

To view the full ICFTU report, visit the ICFTU website: http://www.icftu.org/displaydocument.asp?Index=991221564&Language=EN

Extracts from the concluding observations of the Committee on Economic, Social and Cultural Rights on China's implementation of the ICESCR [2005]

People's Republic of China

The Committee on Economic, Social and Cultural Rights considered the initial report of the People's Republic of China (including Hong Kong and Macao) on the implementation of the International Covenant on Economic, Social and Cultural Rights (E/ 1990/5/Add.59 ) at its 6 th to 10 th meetings, held on 27, 28 and 29 April 2005 (E/C.12/2005/SR.6-10), and adopted, at its 27th meeting held on 13 May 2005, the following concluding observations.

Positive Aspects

The Committee welcomes the promulgation by the State Council of Rules on Supervision of Labour Security and its amended Regulations on Collective Contracts and Regulations on Minimum Wages.

The Committee welcomes the increase in 2004 of basic retirement benefits for retirees of state-owned enterprises throughout the country.

The Committee welcomes the establishment of a new social security system based on contributions from employers and employees and of a new pension system in which employers and employees contribute to a communal pension fund and to individual pension accounts.

The Committee welcomes the adoption of the China Rural Communities Poverty Relief Programme (2001-2010).

The Committee welcomes the State Council's Directive No. 1/2004 to safeguard farmers' rights and interests and Directive No. 1/2005 waiving taxes on animal husbandry for all regions and agricultural tax for 592 counties listed as priority counties for poverty alleviation.

Principal Subjects of Concern

The Committee regrets that the lack of comparative statistical data in the field of economic, social and cultural rights within the State party has not allowed a clear evaluation of the degree of the actual implementation of many of the rights enshrined in the Covenant.

The Committee notes with deep concern, the de facto discrimination against   internal migrants in the fields of employment, social security, health service, housing and education that indirectly result , inter alia, from the restrictive national household registration system ( hukou ) which continues to be in place despite official announcements regarding reforms.

The Committee is concerned about the reported persistence of discrimination against persons with physical and mental disabilities, especially in the fields of work, social security, education and health.

The Committee notes with concern, the persistence of gender inequalities in practice in the State party, particularly with regard to employment and participation in decision-making. The Committee regrets that it has not received sufficient information from the State party regarding affirmative action to promote gender equality and measures to prevent sexual harassment in the workplace .

The Committee notes with concern the increasing rate of unemployment in the State party, particularly in the rural areas.

The Committee is concerned about the large-scale redundancies made in recent years, that have disproportionately affected women .

The Committee is gravely concerned about the use of forced labour as a corrective measure , without charge, trial or review, under the “Re-education through Labour ( laodong jiaoyang )” programme.

The Committee expresses its deep concern regarding children in the State party working in hazardous occupations such as mining, often in precarious conditions that fall short of labour safety standards. The Committee is also of the view that the “Diligent Work and Economical Study ( qingong jianxue )” programme for school children constitutes exploitative child labour, in contradiction of the provisions of Articles 6 and 7 of the Covenant, and ILO Convention No. 182 on child labour to which China is a party.

The Committee is deeply concerned about the insufficient implementation of existing labour legislation in the State party that has resulted in generally poor conditions of work, including excessive working hours, lack of sufficient rest breaks and hazardous working conditions. The Committee notes with concern that the problem is especially acute for migrant workers. The Committee is also alarmed by the high incidence of serious occupational accidents in the State party, particularly in the mining sector.

T he Committee is concerned that the low level of wages, particularly in rural and Western areas, is in sufficient to provide a decent standard of living for workers and their families . The Committee notes that the situation is aggravated by the persistent problem of wage arrears, especially in the construction sector.

The Committee regrets the State party's prohibition placed on the right to organise and join independent trade unions in the State party.

The Committee notes with concern the reports regarding the discrimination of ethnic minorities in the State party, in particular in the field of employment, adequate standard of living, health, education and culture.   In this regard, the Committee regrets the insufficient information provided by the State party regarding the enjoyment of economic, social and cultural rights enshrined in the Covenant, by the populations in the ethnic minority areas. The Committee notes with concern the reports from sources other than the State party relating to the right to the free exercise of religion as a right to take part in cultural life, and the use and teaching of minority languages, history and culture and the Xinjiang Uighur Autonomous Region (XUAR) and the Tibet Autonomous Region (TAR).

Suggestions and Recommendations

The Committee requests the State party in its next periodic report to submit updated, annually collected comparative data disaggregated by sex, age and rural/urban regions in the fields of all the provisions in the Covenant, paying particular attention to the disadvantaged and marginalised groups.   The Committee also requests the State party in its next periodic report to include comparative annual data disaggregated by rural/urban regions, the percentage of GDP allotted for education, health and housing programmes, and, in particular, in the ethnic minority regions.  

The Committee recommends that the State party adopt a National Human Rights Plan of Action , and to report back in its next periodic report how the plan promotes and protects economic, social and cultural rights in the State party . In this connection, the Committee recommends that the State party consider establishing a National Commission for Human Rights on the basis of the Paris Principles (1991, General Assembly resolution 48/134, annex).

The Committee calls upon the State party to implement its decision to dismantle the hukou system of national household registration and to ensure that in any system that replaces it, internal migrants will be able to enjoy the same work, social se curity , housing, health and education benefits enjoyed by those in the urban areas.

The Committee recommends that the State party adopt effective measures to ensure equal opportunities for persons with disabilities, especially in the fields of work, social security, education and health, to provide for more appropriate living conditions for persons with disabilities and to allocate adequate resources for improving the treatment of, and care for, persons with disabilities. The Committee requests the State party to provide detailed information in its second periodic report, on the measures undertaken with regard to persons with physical and mental disabilities.  

The Committee calls upon the State party to undertake effective measures to ensure the equal right of men and women to enjoy economic, social and cultural rights as provided for in Article 3 of the Covenant, including through implementing the principle of equal pay for work of equal value, the elimination of wage gaps between men and women, and providing equal opportunities for both men and women.

The Committee strongly recommends that the State party undertake effective public education measures, including awareness-raising programmes designed to eliminate gender-based prejudices and traditional practices that are harmful to women and girls. The Committee requests the State party to provide, in its next periodic report, detailed information on the progress made on gender discrimination issues.

The Committee recommends that the State party reinforce its programmes designed to reduce unemployment and in this regard, to target on a priority basis the most affected groups and regions. The Committee urges the State party to strengthen the enforcement of the existing protection for workers under its labour laws . The Committee requests the State party to provide information in its next periodic report on the measures taken to facilitate re-employment of women, as well as of those made redundant by SOEs. The Committee recommends that the State party consider ratifying ILO Convention No. 2 on unemployment.

The Committee recommends the State party to abolish the use of forced labour as a corrective measure , and to amend or repeal the relevant provisions of its legislation to bring them into line with the provisions of Article 6 of the Covenant. In this connection, the Committee recommends that the State party consider ratifying ILO Convention No.29 on forced labour.

The Committee urges the State party, as a matter of priority, to strengthen its efforts to effectively enforce its legislation prohibiting unlawful employment of children. The Committee also urges the State party to make every effort, including adopting preventive measures, to ensure that those children who engage in labour do not work under conditions that are harmful to them. The Committee further encourages the State party to consider withdrawing the programme of “Diligent Work and Economical Study ( qingong jianxue )” from its school curriculum.

The Committee urges the State party to take immediate steps to ensure effective and equal application of its current labour legislation for the protection of the rights of all workers, including migrant workers, to just and favourable conditions of work as enshrined in Article 7 of the Covenant. The Committee further recommends that the State party ensure the right to decent work and to provide sufficient resources to the labour inspectorate to enable regular and independent inspections of safety and health conditions in all sectors and to ensure that employers who fail to observe safety regulations are duly sanctioned. In this connection, the Committee recommends that the State party consider ratifying the ILO Convention No.81 on Labour Inspection.

The Committee urges the State party to continue to take necessary measures to ensure that the minimum wage enables workers and their families to enjoy an adequate standard of living and that the minimum wage standard is effectively enforced , particularly in rural and Western areas . The Committee further encourages the State party to establish a wage enforcement mechanism that periodically adjusts minimum wages to the cost of living, facilitate the redress of wage claims, and take sanctions against employers who owe wages and overtime pay as well as impose fines and penalties on their workers.

The Committee urges the State party to amend the Trade Union Act to allow workers to form independent trade unions outside the structure of All China Federation of Trade Unions. Further, the Committee strongly urges the State party to consider withdrawing its declaration on Article 8.1 of the Covenant.

The Committee strongly recommends that the State party's obligations under the Covenant be taken into account in all aspects of its negotiations with the international financial institutions and other regional trade agreements to ensure that economic, social and cultural rights, particularly of the most disadvantaged and marginalised groups, are not undermined.

The Committee requests the State party to include in its second periodic report on the implementation of the Covenant all available information on any measures taken and progress made, particularly with regard to the suggestions and recommendations made by the Committee in the present concluding observations.

The Committee requests the State party to widely disseminate the present concluding observations among all levels of society, and in particular, members of the judiciary, law enforcement officials and non-governmental organisations. It also encourages the State party to engage non-governmental organisations and other members of civil society in the process of discussions at the national level prior to the submission of the second periodic report.

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Extracts taken from: United Nations Economic and Social Council, Thirty-fourth session 25 April – 13 May 2005, Consideration of reports submitted by state parties under articles 16 and 17 of the covenant, C oncluding Observations of the Committee on Economic, Social and Cultural Rights People's Republic of China (including Hong Kong and Macao) [E/C.12/1/Add.107]. Full text can be found here: http://www.icftu.org/displaydocument.asp?Index=991221564&Language=EN