China: End Child Labor in State Schools

“China claims that it is fighting child labor, and repeatedly cites its legal prohibition against the practice as proof,” said Sophie Richardson, Asia advocacy director at Human Rights Watch. “But the government actively violates its own prohibitions by running large programs through the school system that use child labor, lack sufficient health and safety guarantees, and exploit loopholes in domestic labor laws.”

Under “Work and Study” programs regulated by the Ministry of Education, schools in impoverished areas are encouraged to set up income-generating activities to make up for budgetary shortfalls. According to official statistical material from the Ministry of Education seen by Human Rights Watch, more than 400,000 middle and junior high schools, which are for children ages 12 to 16, nationwide are running agricultural and manufacturing schemes. In 2004, proceeds from Work and Study programs generated over 10 billion yuan (US$1.25 billion), the statistics show.

Chinese law prohibits the use of child of labor under age 16 but stipulates that children may be employed under special circumstances, such as in sports or in the arts, or if their “occupational training” and “educational labor” does not adversely affect their personal health and safety. Regulations that govern Work and Study programs in middle and junior high schools prohibit hazardous work and stress that “education must come first,” but fail to provide a clear definition of the acceptable kind, intensity, and overall time duration of this special category of work.

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