CRC/C/CHN/CO/3-4
40.
The Committee recommends that the State party:
(a)
Reform family planning policies in order to remove all forms of penalties
and practices that deter parents or guardians from registering the birth of their
children;
(b)
Abandon the hukou system in order to ensure birth registration for all
children, especially for children of migrant workers;
(c)
Simplify, streamline and facilitate the process of birth registration by
removing all financial and administrative barriers associated with the process and
improving services, including availability and access to birth registry services for
parents and guardians;
(d)
Intensify community sensitization and public awareness of the
importance of birth registration, including among government agencies and in rural
areas;
(e)
Seek technical assistance from the United Nations Children’s Fund
(UNICEF), among others, to implement these recommendations.
Freedom of thought, conscience and religion
41.
The Committee is deeply concerned that despite the constitutional guarantees of
freedom of religious belief for ethnic and religious minorities, the State party continues to
introduce regulations and policies that impose severe restrictions on cultural and religious
freedoms of various groups of children, including Tibetan and Uighur children and children
of Falun Gong practitioners. In particular, the Committee is deeply disturbed by:
(a)
Frequent reports indicating that Tibetan and Uighur children and children of
Falun Gong practitioners seeking to exercise their right to freedom of religion and
conscience are arrested, detained and subject to ill-treatment and torture;
(b)
The restrictions which limit Tibetan children’s ability and freedom to study
and practice their religion, such as the measures imposed on Tibetan monasteries and
nunneries placing them under close control and surveillance;
(c)
The situation of Gedhun Choekyi Nyima, who disappeared at the age of 6
years in 1995, and the fact that, while the State party has provided some information, it has
not allowed any independent expert to visit and confirm his whereabouts, the fulfilment of
his rights and his well-being.
42.
In light of article 14 of the Convention and article 36 of the State party’s
Constitution, and recalling its previous recommendations (CRC/C/CHN/CO/2, para.
45), the Committee recommends that the State party take all necessary measures to
ensure the full implementation of the Regional Ethnic Autonomy Act, effectively
guarantee the right to freedom of thought, conscience and religion for those under 18
that is not limited to certain recognized faiths, and respect the rights and duties of
parents to give guidance to their children in the exercise of their rights in this regard
in a manner consistent with the evolving capacities of the child. In particular, the
Committee recommends that the State party:
(a)
Abolish criminal and administrative penalties, including re-education
through labour, which target children from certain groups, particularly Tibetan
Buddhist and Uighur children and children of families practising Falun Gong;
(b)
Repeal all measures and restrictions that prohibit Tibetan children of
any age from participating in religious activities or receiving religious education,
including measures imposed on monasteries and nunneries;
9