UN Rights Committee Urges Ban On Forced Labour and Allow Independent Trade Unions

The following report from Reuters said that the UN Committee on Economic, Social and Cultural Rights, for the first time issued recommendations to Beijing to abolish forced labour, allow independent trade unions (outside the structure of the official All-China Federation of Trade Unions) and end discrimination against women, the disabled and migrants.

A UN human rights committee has called on Beijing to abolish forced labour, allow workers to form independent trade unions and end discrimination against women, the disabled and migrants. The UN Committee on Economic, Social and Cultural Rights, which examined the mainland's record for the first time, issued the recommendations at the end of a three-week session on 13 May. Beijing has defended itself against the charges, saying it has made huge efforts in the face of daunting challenges.

In its 17-page statement, the committee urged the central government to "abolish the use of forced labour as a corrective measure" and "allow workers to form independent trade unions outside the structure of the All China Federation of Trade Unions".

It said Beijing should also enforce a minimum wage, ban child labour, ensure abortions were voluntary and inspect safety and health conditions in all sectors.

The report also said that the UN rights committee expressed "deep concern" about the problem of child labour in dangerous industries, such as mining. The committee acknowledged that weak implementation of labour laws contributed to problems ranging from poor general working conditions to general lack of rest days, especially for migrant workers.

The UN body, composed of 18 independent experts, also expressed "deep concern regarding children working in hazardous occupations such as mining, often in precarious conditions that fall short of labour safety standards" and the high incidence of serious occupational accidents.

Weak implementation of labour laws had led to "generally poor conditions of work, including excessive working hours, lack of sufficient rest breaks and hazardous working conditions", it declared. The problem was most acute for migrant workers. In a three-day public debate last month, the UN panel raised questions on the central government's compliance with a global treaty on economic, social and cultural rights that came into force in the mainland in June 2001.

The experts also asked about Beijing's intention to ratify more of the International Labour Organisation's conventions, of which it has ratified only three of the 18.

The UN Committee's suggestions and recommendations include: 1) the adoption of a National Human Rights Plan of Action; 2) allocation of adequate and increased resources; 3) legislative reforms, including amendments to the Trade Union Act to allow workers to form independent trade unions outside the structure of the official All-China Federation of Trade Unions; 4) the provision of detailed information on public consultation in the preparation of the country report; and 5) the removal of restrictions on freedom of information and expression.

"It is time for the PRC government to recognize that its reputation in the international community will be measured not only by its economic development and political influence but also by the welfare of its most vulnerable groups," said Sharon Hom, executive director of Human Rights in China.

Source: Reuters, South China Morning Post (15 May 2005), Human Rights in China (17 May 2005)

18 May 2005