CRC/C/CHN/CO/3-4 (c) The State party failed to recognize the Kachin asylum seekers, including children, as refugees despite their circumstances and forcibly returned them to Myanmar in August 2012; (d) There is an absence of special reception procedures or facilities for unaccompanied and separated refugee and asylum-seeking children and that they lack access to health care, special care and protection. 82. The Committee notes as positive the decision of Hong Kong, China to grant asylumseeking and refugee children access to the national public school system. However, it is concerned about the lack of special care and protection for asylum-seeking children upon their arrival and the administrative practice of detaining such children, as well as unaccompanied children arriving in Hong Kong, China by air and children who are refused entry, in juvenile detention facilities. 83. The Committee recommends that the State party: (a) Respect the principle of non-refoulement and reminds it of its obligation under the Convention to ensure that no accompanied, unaccompanied or separated child, including those from the Democratic People’s Republic of Korea, is returned to a country where there are substantial grounds for believing that she or he will suffer irreparable harm, and that this principle applies to all children and their families without distinction and regardless of nationality; (b) Ensure that Kachin child refugees and their families are provided with temporary protection in view of the ongoing conflict in northern Myanmar; it should also allow the Office of the United Nations High Commissioner for Refugees free and unfettered access to Yunnan Province to conduct refugee status determinations; (c) Cease the arrest and repatriation of citizens of the Democratic People’s Republic of Korea, especially children, and women who have children with Chinese men, and ensure that children of mothers from the Democratic People’s Republic of Korea have access to fundamental rights, including the right to identity and education; (d) Take immediate initiatives to meet the special needs and vulnerabilities of unaccompanied and separated children seeking asylum and provide appropriate care and cater for the special needs of these unaccompanied and separated children. 84. The Committee recommends that Hong Kong, China: (a) Cease the administrative practice of detaining asylum-seeking and refugee children; (b) Ensure that asylum-seeking and refugee children are provided with accessible and adequate support, including special care, protection and adequate guardianship and legal representation; (c) Accede to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. Economic exploitation, including child labour 85. The Committee is concerned about the absence of specific data on child labour in mainland China, while reports indicate that child labour and exploitation, including through abduction and sale of children by criminal gangs, is widespread. It is further concerned about: (a) The common practice of the re-education through labour (RTL) programme and “work study schools” (gongdu xuexiao) and the use of forced and exploitative child labour under these programmes; 19

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