Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Abolition of Forced Labour Convention, 1957 (No. 105) - China (Ratification: 2022)

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. Martial Law. The Committee recalls that, by virtue of section 13 of the Martial Law (1996), during the period of martial law, the authorities may prohibit or restrict assemblies, other gathering activities and strikes. It also recalls that unlawful assembly, procession or demonstration (section 296 of the Criminal Law) is punishable by sentences involving compulsory labour, including imprisonment (according to section 69 of the Prison Law). The Committee notes the Government’s indication, in its report, that, in accordance with section 2 of the Martial Law, the State may decide to apply martial law when a state of emergency arises, such as unrest, rebellion or grave riots which seriously endangers the unity and security of the State or public safety, and under which public order cannot be maintained and the safety of people’s lives and property cannot be ensured unless extraordinary measures are taken. The Committee requests the Government to indicate the situations in which periods of martial law have been declared, resulting in restrictions on civil liberties, specifying the circumstances that led to the restrictions, as well as the duration and scope of such restrictions.

Article 1(b). Mobilization of rural workers for development projects. The Committee takes note of the Government’s information according to which the labour accumulation duties and compulsory labour provided for in the Regulations on the Administration of Expenses and Labour Services borne by Farmers (1991) have been abolished nationwide.

The Committee refers once again to the Opinions on Actively Promoting the Labour-for-Aid Method in the Field of Agricultural and Rural Infrastructure Construction Development and Reform and Revitalisation (2020), which seem to provide that local authorities may mobilize rural workers for the development of infrastructure improving rural housing, transport, tourism and water conservancy. In addition, the Committee notes from the Management Measures for the State’s Labour-for-aid Programme (2023) that the special fund for labour-for aid relief, mainly invested in underdeveloped areas, focuses on supporting the construction of public welfare infrastructure and infrastructure for industrial development. These measures provide for the organization and mobilization of the local rural workforce, low-income urban populations and groups facing employment difficulties to participate in labour, within the framework of the implementation of key construction projects. The Committee recalls that Article 1(b) of the Convention requires the suppression of any form of compulsory labour as a method of mobilizing labour for purposes of economic development. The Committee requests the Government to provide information on the methods of recruitment of the workforce and on the organization of work in the context of such projects, specifying whether the persons concerned may refuse to participate.

The Committee notes that that Law on Public Roads (1997, as amended in 2017), provides that the authorities shall organize the rural residents to fulfil their obligations to provide labour services for road construction and maintenance. The Committee requests the Government to provide information on any work performed in this context, specifying the methods used to recruit workers and the organization of such work.

Article 1(c). Compulsory labour as a means of labour discipline. The Committee notes that section 304 of the Criminal Law provides that postal workers who are seriously irresponsible and intentionally delay the delivery of mail, causing significant losses to public property, the State and the interests of the people, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention (section 39 of the Criminal Law). The Committee recalls that if these penalties involve an obligation to perform labour, the provisions containing such penalties are not compatible with the Convention. The Committee requests the Government to provide examples of the application of section 304 of the Criminal Law in practice, specifying the facts underlying any conviction and the framework for the enforcement of the penalty.

Article 1(d). Compulsory labour as a punishment for having participated in strikes. As underlined in its previous comment, the Committee notes the Government’s indication that the Criminal Law does not provide any sanction for organizing or participating in a strike. The Government states that, in line with the principle of legality in criminal law, judicial proceedings may only be initiated when actions go beyond the scope of a peaceful strike, using destructive means to disrupt the operations of enterprises or public institutions and causing serious public disorder. It refers to section 276 of the Criminal Law, which punishes the damaging of machinery or equipment, the injuring of livestock, or the use of other methods of equivalent nature and severity to sabotage production and business operations. It adds that sections 290 on gathering a crowd to disrupt social order, 291 on gathering a crowd to disrupt the order of public places or traffic, and 293 on picking quarrels and provoking trouble, relate to situations involving extreme conduct that results in serious public disorder. The Government emphasizes that only strikes involving the use of violence or incitement to violence can thus give rise to criminal charges. Noting that the above-mentioned offences of the Criminal Law are punishable by sentences involving an obligation to perform labour, including imprisonment, the Committee requests the Government to ensure that these provisions are not used to sentence the peaceful participation in strikes. Please provide information on the measures taken in this regard, as well as on all court decisions handed down under these provisions which related to strike action.