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;

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