CRC/C/CHN/CO/2
page 16
concerned that the children born in China of these former refugees are not granted Chinese
citizenship. It is further concerned that children entering mainland China from the Democratic
People’s Republic of Korea are categorically considered as economic migrants and returned to
the Democratic People’s Republic of Korea without consideration of whether there are risks of
irreparable harm to the child upon return.
81.
With regard to the Hong Kong SAR, the Committee notes that refugee children and
undocumented migrant children are not guaranteed access to education.
82.
The Committee recommends that the State party extend all human rights
guarantees in its Constitution and in the Convention to all children within its jurisdiction
on both the mainland and the SARs, including refugees, asylum-seekers and other
undocumented migrants. In particular, the Committee recommends that the State party:
(a)
Amend legislation to allow children born in China of former Indochinese
refugees in mainland China to obtain Chinese citizenship;
(b)
Ensure that no unaccompanied child, including those from the Democratic
People’s Republic of Korea, is returned to a country where there are substantial grounds
for believing that there is a real risk of irreparable harm to the child, for instance through
disproportionate punishment for violating immigration laws, in accordance with the
Committee’s general comment No. 6 (2005) on unaccompanied minors;
(c)
Amend legislation and regulations to ensure that all refugee, asylum-seeking
or undocumented migrant children in the Hong Kong SAR are able to attend school
without undue delay.
Economic exploitation
83.
The Committee welcomes the ratification of ILO Conventions Nos. 138 and 182 in 1998
and 2002, respectively. However, it is concerned about the absence of specific data on child
labour on the mainland, while reports indicate that it is widespread. It is also concerned about
the lack of legislation and specific administrative regulations defining and protecting children
from exploitation in hazardous work. The Committee is further concerned about the widespread
practice of re-education through labour.
84.
The Committee recommends that the State party further strengthen its
implementation of ILO Conventions Nos. 138 and 182, in particular by:
(a)
Gathering specific disaggregated data on child labour and using them to
develop, in cooperation with working children, effective measures to prevent and eliminate
all forms of child labour;
(b)
Developing detailed regulations on the forms of hazardous and dangerous
work in which all persons under 18 should not be engaged, in consultation with the affected
children;