Summary Report:

Child Labor, Forced Labor,

and Forced Child Labor in

China

July, 2009

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ACKNOWLEDGEMENTS

This report describes in detail research conducted from October to December 2008 by Macro

International Inc., including interviews, field site visits, and document review. This research was

conducted under the condition of strict anonymity. For this reason, the names of the people

interviewed and their institutional affiliations have been withheld or changed to protect their

security. In addition, work sites are identified only by the province and major city. For those

cases of child labor, forced labor, and forced child labor cited from public secondary sources

(i.e., newspapers, journals, etc.) the actual names of the victims, as previously published, have

been used.

Funding for this research was provided by the United States Department of Labor. Points of

view or opinions in this report are those of the authors and do not necessarily represent the

views or official positions of the U.S. Government or the U.S. Department of Labor.

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TABLE OF CONTENTS

ACKNOWLEDGEMENTS..................................................................................................................iii

TABLE OF CONTENTS ...................................................................................................................... v

ACRONYMS.......................................................................................................................................vii

EXECUTIVE SUMMARY...................................................................................................................ix

I. INTRODUCTION.................................................................................................................... 1

1.1. Statistics ............................................................................................................................................1

1.2. Reasons for the Problems ...................................................................................................................3

1.3. Distribution of Child Laborers by Region, Sector, Gender, and Workplace Ownership ............................4

1.4. Focus of This Research ........................................................................................................................5

II. METHODOLOGY.................................................................................................................... 7

2.1. Definitions .........................................................................................................................................7

2.1.1. Child Labor................................................................................................................................................. 7

2.1.2. Forced Labor.............................................................................................................................................. 9

2.1.3 Forced Child Labor................................................................................................................................... 12

2.1.4. Employment Conditions .......................................................................................................................... 15

2.2. Data Gathered..................................................................................................................................18

2.2.1. Summary of Data Gathered..................................................................................................................... 18

2.2.2. Type 1 Interviews..................................................................................................................................... 19

2.2.3 Type 2 Interviews..................................................................................................................................... 19

2.3. Data Analysis....................................................................................................................................20

2.4. Limitations of the Study ....................................................................................................................21

3. FINDINGS..............................................................................................................................25

3.1. Findings for the Six Sectors with Empirical Data .................................................................................25

3.1.1 Bricks........................................................................................................................................................ 25

3.1.1.1. Forced Labor .................................................................................................................................. 26

3.1.1.2. Child Labor ..................................................................................................................................... 31

3.1.1.3. Forced Child Labor ......................................................................................................................... 32

3.1.2. Coal .......................................................................................................................................................... 35

3.1.2.1. Child Labor ..................................................................................................................................... 36

3.1.3. Fireworks................................................................................................................................................. 42

3.1.3.1. Child Labor ..................................................................................................................................... 44

3.1.4. Toys.......................................................................................................................................................... 51

3.1.4.1. Child Labor ..................................................................................................................................... 55

3.1.4.2. Forced Child Labor ......................................................................................................................... 59

3.1.4.3. Forced Labor .................................................................................................................................. 65

3.1.5. Cotton .......................................................................................................................................................... 67

3.1.5.1. Work-Study Students ........................................................................................................................... 70

3.1.6. Tiles.............................................................................................................................................................. 79

3.1.6.1. Child Labor ........................................................................................................................................... 79

3.2. Findings for the Four Sectors without Empirical Data..........................................................................85

3.2.1. Electronics................................................................................................................................................ 85

3.2.1.1. Child Labor ..................................................................................................................................... 86

3.2.1.2. Forced Child Labor ......................................................................................................................... 90

3.2.1.3. Forced Labor .................................................................................................................................. 92

3.2.2. Foundry Products..................................................................................................................................... 94

3.2.2.1. Foundry (Glassware) Child Labor and Forced Child Labor ............................................................. 95

3.2.2.2. Foundry (Plastics) Child Labor........................................................................................................ 97

3.2.3. Grape ..................................................................................................................................................... 100

3.2.3.1. Child Labor and Forced Child Labor ............................................................................................. 101
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

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3.2.4. Chemicals............................................................................................................................................... 103

3.2.4.1. Child Labor ................................................................................................................................... 104

IV. CONCLUSIONS AND RECOMMENDATIONS................................................................ 107

4.1. Conclusions.................................................................................................................................... 107

4.1.1. Bricks...................................................................................................................................................... 108

4.1.2. Coal ........................................................................................................................................................ 109

4.1.3. Fireworks............................................................................................................................................... 110

4.1.4. Toys........................................................................................................................................................ 111

4.1.5. Cotton .................................................................................................................................................... 112

4.1.6. Tile ......................................................................................................................................................... 114

4.1.7. Electronics.............................................................................................................................................. 114

4.1.8. Foundry.................................................................................................................................................. 116

4.1.9. Grape ..................................................................................................................................................... 117

4.1.10. Chemical........................................................................................................................................... 117

4.2. Recommendations.......................................................................................................................... 120

4.2.1. ClosetheLoopholesintheCountry’sLegislativeSystem...................................................................... 120

4.2.2. Improve Legislative-Enforcement Mechanisms..................................................................................... 121

4.2.3. Strengthen Elementary Education in Rural China.................................................................................. 122

ANNEXES

ANNEX A: DEMOGRAPHICS OF CHINA AND PROVINCES

ANNEX B: PILOT QUANTITATIVE ANALYSIS

ANNEX C: ANNOTATED BIBLIOGRAPHY

ANNEX D: SECTOR MATRICES OF EVIDENCE
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ACRONYMS

CL/FL/FCL Child Labor, Forced Labor, Forced Child Labor

CNY Chinese Yuan, the official regional monetary currency

3D Dirty, dangerous, or demeaning jobs

GDP Gross Domestic Product

ILO International Labor Organization

NGO Nongovernmental organization

OSH Occupational Safety and Health

SACOM Students and Scholars Against Corporate Misbehavior

TOR Terms of Reference

USDOL U.S. Department of Labor

WFCL Worst Forms of Child Labor

XPCC Xinjiang Production and Construction Corps

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EXECUTIVE SUMMARY

Numerous news articles and nongovernmental organization (NGO) reports have documented the

existence of the problems of child labor, forced labor, and forced child labor in China, although

there are no official statistics on these problems. This research aims to explore the current

incidence and nature of the problems of child labor, forced labor, and forced child labor in

China’s10sectors—brick, coal, cotton, fireworks, tile, toy, electronics, foundry products, grape

products, and chemical. This research also investigates the employment conditions under which

the victims of child labor, forced child labor, and forced labor work, comparing them with nonforced adult employees working in the same workplace.

This report is based on empirical data collected from October to December 2008 using three

methods. The researcher (1) interviewed 27 informants from media, international organizations,

NGOs, community groups, and academic institutions, (2) conducted field studies in

37 workplaces producing bricks, tiles, coal, fireworks, and toys in Shanxi, Hunan, and

Guangdong Provinces, and (3) made document reviews of secondary resources, including

119 news reports, reports by international organizations and NGOs, and academic articles during

the period of 2003–2008.

This study was designed to use primary and secondary qualitative data sources to provide an

indication of the extent of child labor, forced child labor, and forced labor within 10 industries in

China. Based on this research design, both primary and secondary data sources cannot provide

findings of statistical significance with regard to the extent of child labor, forced child labor, or

forced labor in China. This study did employ rigorous methods associated with qualitative

research to tell the story of child labor, forced child labor, and forced labor in the provinces and

factories visited.

However, the U.S. Department of Labor (USDOL) published in the Federal Register (Vol. 72,

No. 247, p. 73,377) a definition of significant incidence of child labor, forced child labor, or

forced labor that is not dependent on statistical testing. That definition is:

Information that relates only to a single company or facility; or that indicates

an isolated incident of child labor or forced labor, will ordinarily not weigh in

favor of a finding that a good is produced in violation of international

standards. Information that demonstrates a significant incidence of child labor

or forced labor in the production of a particular good(s), although not

representing a pattern or practice in the industry as a whole, will ordinarily

weigh in favor of a finding that a good is produced in violation of international

standards.

Using this definition, any time there is a demonstration that is not an isolated incident and is not

in a single company or facility, it will be considered to constitute a significant incidence.

Evidence for significant incidence spans from 2003 to 2008.

Using the level of evidence found through interviews with primary sources and the currency of

the reports from secondary data sources, the following conclusions can be drawn:
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

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 There is evidence of child labor violations in the brick, toy, coal, cotton, tile, electronics,

foundry, grape, and fireworks industries. In the brick, cotton, toy, foundry, coal,

fireworks, and electronics industries, the evidence of persistent existence constitutes

significant incidence, using the USDOL definition.

 There is evidence of forced child labor with respect to the brick, coal, toy, tile, cotton,

electronics, fireworks, foundry, and grape industries. For the cotton industry there does

seem to be history and continued practice of using students on work-study to pick cotton.

There was only one report of a work-study incidence with respect to the grape industry,

anditisdifficulttoknow whetherthatwasanisolatedincident.UsingUSDOL’s

definition, there is evidence of significant incidence in the brick, toy, cotton, electronics,

and foundry industries.

 There is evidence of forced labor in the brick, toy, and electronics industries. In all three

industries, the evidence of persistent existence constitutes significant incidence, using

DOL’sdefinition.

Brick

Based on two relevant site visits, two Type 1 interviews, and a review of 15 articles and reports,

there is sufficient data to support a conclusion of significant evidence of child labor, forced child

labor,andforcedlaborinthebricksectorinChina,basedonUSDOL’sdefinitionof

significance. With regard to forced labor, the data indicates a demonstrated pattern of abuses in

the brick sector across multiple factories in Shanxi, Hunan, and Hebei provinces, and outside of

the city of Beijing. With regard to child labor, the data indicates a demonstrated pattern of abuses

in Shanxi, Henan, Qinghai, and Shandong provinces. With regard to forced child labor, the data

indicate a pattern of abuses in Shanxi and Henan provinces in 2007 during the brick kiln scandal.

Coal

One site visit, six relevant interviews, and eight relevant news reports provide considerable data

to support a conclusion of significant evidence of child labor in the coal sector in Shanxi and

otherprovincesinChina,basedonUSDOL’sdefinitionofsignificance.Withregardtochild

labor, six interviews, observation during a site visit, and all eight articles reviewed indicated

presence of this phenomenon in Shanxi, Henan, and Hebei provinces. Given that the eight

reviewed articles provide uncertain evidence, this research found isolated incidence of forced

child labor in the coal industry in those provinces as well. One interview and four articles

indicated the presence of forced labor in this sector as well, in Shanxi and Henan provinces, but

given the uncertain evidence from the articles, this research did not constitute a significant

finding for forced labor in the coal industry.

Fireworks

Four relevant Type 2 interviews, one relevant Type 1 interview, and review of three articles

provide considerable data to support a conclusion of significant evidence of child labor in the

fireworkssectorinHunan,Chongqing,andLiaoningprovincesinChina,basedonUSDOL’s

definition of significance. The researcher encountered several sources who knew of child
~Page xi~

laborers or were personally victims of child labor, and reviewed several articles that indicated

evidence of child labor practices in this industry. Despite some evidence of forced child labor

practices from two news articles, the data did not demonstrate a pattern of practice in the

fireworks industry. With regard to forced labor, the researcher did not find any evidence of

forced labor practices in the fireworks industry.

Toy

Based on five site visits, four Type 1 interviews, and review of 19 articles and reports, there is

sufficient data to support a conclusion of significant evidence of child labor, forced child labor,

and forced labor in the toy sector in China, based on USDOL’sdefinitionofsignificance.With

regard to child labor, the data indicate a demonstrated pattern of abuses in the toy sector across

multiple factories in multiple locations; including Shenzhen and Dongguan in Guangdong

Province, the City of Shanghai, Zhejiang Province, and other locations in Southeastern China.

With regard to forced child labor, the researcher found credible evidence of such abuses during a

site visit in Dongguan; articles demonstrated that such abuses exist in various locations in

Guangdong and Sichuan provinces. With regard to forced labor, site visits and articles indicated

forced labor practices in various factories throughout Guangdong Province; despite the evidence

only stemming from one province, the number of site locations and victims justifies a finding of

significance,accordingtoUSDOL’sdefinitionofsignificance.

Cotton

Based on two relevant interviews and six relevant news reports, there is sufficient data to support

a conclusion of significant evidence of child labor and forced child labor in the cotton sector in

China,basedonUSDOL’sdefinitionofsignificance.Thedataindicatesademonstratedpattern

of abuses in the cotton sector across multiple locations, including Jiangxi, Xianjiang, Shaanxi,

and Ganshu provinces, which implicates hundreds of thousands of children. The two

interviewees indicated knowledge of child labor and forced child labor practices in the cotton

sector, which included long working hours, work without pay, involuntary work, and children as

young as eight being forced to work. The news reports also indicated that these practices were

widespread and ongoing in the cotton sector. Given that only two articles indicated the use of

forced labor in the cotton industry in only one province, the data do not indicate significant

evidenceofforcedlaborinthecottonindustry,basedonUSDOL’sdefinitionofsignificance.

Tile

Based on two interviews, a site visit, and two articles, there is insufficient data to support a

conclusion of significant evidence of child labor, forced child labor, or forced labor in the tile

sector in China. While numerous cases were cited by an interviewee—in one village, among

20 to 30 children—there was not sufficient corroboration of cases (with the exception of one

outside of this village and in other work sites) to determine significance, based on the USDOL

definition of significant.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

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Electronics

The data gathered support a conclusion of significant evidence of child labor, forced child labor,

and forced labor in the electronicssectorinChina,basedonUSDOL’sdefinitionofsignificance.

With regard to child labor and forced child labor, four articles by credible and major newspapers

indicated multiple instances of these phenomena in two different provinces, one of which was

corroborated by two sources. With regard to forced labor, four articles indicated the use of forced

labor through the involuntary nature of work (compulsory overtime and withheld wages), as well

as menace of penalty (physical punishment and financial penalties) in two provinces and outside

the city of Shanghai.

Foundry

One Type 1 interview and six relevant news reports provide considerable data to support a

conclusion of significant evidence of child labor and forced child labor in the foundry sector in

Shanxi,Guangdong,and Fushan provincesin China,basedon USDOL’sdefinition of

significance. An interview with a community group member and articles which identify four

different factories that use child labor in three different provinces, demonstrate child labor

practices. Three articles also point to practices of forced child labor in three of these four

factories.

Grape

There is not sufficient data to support a conclusion of significant evidence of child labor, forced

child labor, or forced labor in the grapesectorinChina,basedonUSDOL’sdefinitionof

significance. The reviewed articles only indicate the existence of one incident at one factory,

which does not demonstrate a pattern of practice.

Chemical

There is not sufficient data to support a conclusion of significant evidence of child labor, forced

childlabor,orforcedlaborinthechemicalsectorinChina,basedonUSDOL’sdefinitionof

significance. The reviewed articles only indicate the existence of one incident at one factory,

which does not demonstrate a pattern of practice, and generalizations regarding practices in the

industry, without sufficient detail on these practices.
~Page xiii~

Conclusion

Analyzing empirical data collected from fieldwork at brick, coal, fireworks, and toy workplaces

in Shanxi, Huanan, and Guangdong provinces, the researcher found different patterns with

regard to sector, age, gender, education level, household registration status, occupational status,

ownership, market, and size of workforce in the distribution of 11 interviewed victims of child

labor, forced labor, and forced child labor. The majority of victims of child labor, forced labor,

and forced child labor interviewed were: under age 16; illiterate and rural migrants; undertaking

dirty, dangerous, or demeaning (3D) jobs in privately owned or Hong Kong-invested enterprises.

However, the research found no significant difference concerning gender and size of workforce:

among the 11 victims of child labor, forced labor, and forced child labor, 55% were female and

54% worked in small- and medium-sized enterprises (see Annex B for details).

For a vast majority of the 37 workplaces investigated for this research project, the researcher

documented rampant violations of the Chinese Labor Law. This study discovered that it is not

unusual for victims of child labor, forced labor, and forced child labor, as well as other adult or

regular employees, to be subject to the following: routinely required to take compulsory overtime

work of long hours without being compensated at the legal overtime rate, not being inscribed

into the mandatory national social security schemes, not being paid promptly every month, and

being provided with substandard dormitories and meals.

~Page 1~

I. INTRODUCTION

In the past several years, the problems of child labor, forced child labor, and forced labor in

China have drawn growing media attention. In 2001, an explosion in a rural school in Jiangxi

Province killed 42 people, most of them children 9 to 10 years old; they were believed to be

making fireworks at the time of the blast. In December 2004, five girls under age 16 were

poisoned and killed by the fumes in the dorms of a canvas-making factory in Hebei Province.1In

2005, as reported by an official media channel (China Education News, September 9, 2006, p. 2),

approximately 1 million students from 2,689 elementary schools, high schools, and colleges in

the Xinjiang Autonomous Region took part in cotton picking as a compulsory work-study

activity, and in 2006 about 0.8 million students continued to pick cotton.2In June 2007, the

public was shocked again when hundreds of slave workers, many of them kidnapped children

(among whom the youngest was 8 years old and the oldest 13) and mentally disabled people,

were found working in brick kilns under inhumane working conditions. Moreover, it was

estimated by Chinese journalists that there might be up to 1,000 child laborers who were either

transferred or hidden by kiln owners to avoid responsibility for their crimes.3 On October 12,

2007, 12 school-age children under age 16 lost their lives and nine other children were injured

when an explosion occurred in an illegal fireworks workshop where they were working in

Xiushan County, Chongqing.4In April 2008, the Liangshan child labor scandal was uncovered

by Chinese journalists. Their reports state that as many as 1,000 Yi ethnic-minority children

(mostly between the age 13 and 15) from Liangshan, Sichuan Province were lured or even

kidnapped to work at toy and electronics workshops in Dongguan, Guangdong Province, and

then forced to take long working hours under almost slave-like conditions for minimal pay.5

1.1. Statistics

The increasing number of news reports implies that these problems may not be a few individual

cases or due to regional problems, but are instead widely existing labor practices. However, no

official statistics on the number of victims of child labor, forced child labor, and forced labor

have been released by Chinese governmental agencies. Although statistics are hard to come by,

according to a news report by a journalist of the Los Angeles Times (May 13, 2005), in some

1 Ni, C.-C.(2005,May13).China’suseofchildlaboremergesfrom the shadows. Los Angeles Times, p. A1.

2 Anonymous Author. (2008, September 11). What is the purpose of picking cotton? Retrieved from

http://tieba.baidu.com/f?kz=477089276

3

Feng, J. (2007, July 12). Child labor problem alarming Chinese society. Beijing Weekly. Retrieved from

www.beijingreview.com.cn/zgsy/txt/2007-07/10/content_68607.htm

4 Yang, J. (2007, November 30).12 child laborers killed in an explosion accident of a fireworks workshop in Chongqing. The

Beijing News. Retrieved from http://liuhedaquan.cn/jxgd/news/rdxw/userobject1ai754981.html

5 De-hong, R., Xing, W., Hui-long, L., Ming, L. Jin-ming,K.,... Xue-jun, W. (2008, April 28). Liangshan child laborers are sold

like cabbages in Dongguan. Southern Metropolis. Retrieved from http://epaper.nddaily.com/I/html/2008-

04/28/content_452545.htm (in Chinese); Barboza, D. (2008, May 1). China says abusive child labor ring is exposed. The New

York Times, pp. 1. Retrieved from http://www.nytimes.com/2008/05/01/world/asia/01china.html?pagewanted=1&_r=1
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 2~

estimates as many as 10 million school-age children are working in China,6and half of these

children labor in manufacturing factories in the suburbs of Chinese cities.7

A set of official data revealed by local Chinese authorities likewise illustrated that the illegal use

of child labor is a serious problem in China. Between 2001 and 2005 in the Zhejiang Province of

Eastern China, 2,263 child labor cases were investigated and 2,318 child laborers were rescued

and sent home. In the July–August 2006 Special Inspection Action launched by the Jiangxi

Provincial Government and Law Enforcement Department, 81 cases of illegal recruitment of

child laborers were detected, involving 129 children. In a month-long investigation launched by

the Henan Provincial Government in August 2006, 381 child laborers were found.8

Meanwhile, in recent years, forced labor has increased as the trend in human trafficking in China

and taken a turn for the worse. Statistics released by the Chinese Ministry of Public Security

show that every year, 2,000 to 3,000 cases of women and children being sold are reported to

police across the country. In the past, women were abducted for marriage, and babies for

adoption. Today, it is for prostitution, forced labor, and begging.9 Yuan Xiaoyin, an official of

the Ministry of Public Security, stated that more children are being trafficked by criminal gangs,

especially children of migrant families.10 Also, there is a growing trend for traffickers to

specifically target children in China. In one of the worst scenarios uncovered so far, in 2007

hundreds of migrant workers and underage children were found to have been trafficked to work

in illegal brick kilns in Shanxi and Henan provinces. Also in 2007, a report compiled by the

Phoenix Weekly, a Hong Kong-based Chinese-language magazine, revealed a nationwide

network of Fagins living off more than 4,000 stolen children trained to steal and beg.11 Reports

indicate that trafficking of women and childrenismostseriousinChina’sGuangdong,Fujian,

Henan, Sichuan, and Anhui provinces.12 Also in recent years, numerous media reports and

investigations by labor rights NGOs13 have revealed the problem of forced overtime inChina’s

electronics and toy industries, where employers routinely force workers to take excessive

overtimehoursbymeansoffinancialpenaltiesandwithholdingofworkers’wages.However,

there is no statistical data available on this form of forced labor to conclusively assess the

statistical significance and prevalence of the problem.

6 Ni, C.-C.(2005,May13).China’suseofchildlaboremergesfromtheshadows.Los Angeles Times, pp. A1. Retrieved from

http://www.nytimes.com/2008/05/01/world/asia/01china.html?pagewanted=1&_r=1

7

So-yeon, J. (2008, October 22) Student Corner: Abuse of Chinese kids serious. Korea Times.

8

Feng, J. (2007, July 12). Child labor problem alarming Chinese society. Beijing Weekly. Retrieved from

http://www.beijingreview.com.cn/zgsy/txt/2007-07/10/content_68607.htm

9 Zhuo-qiong, W. (2008, September 30).China to step up fight against trafficking in women. (2008, September 30). China Daily.

Retrieved from http://www.chinadaily.com.cn/china/2008-09/30/content_7070678.htm

10 Ibid.

11 Callick,R.(2007,June27).StolenethnicminoritykidsvictimsofChinese“Fagins.”Australian, p. 8.

12 More forced into labor, prostitution. (2007, July 27). China Daily.

13 De-hong, R., Xing, W., Hui-long, L., Ming, L. Jin-ming,K.,... Xue-jun, W. (2008, April 28). Liangshan child laborers are sold

like cabbages in Dongguan. Southern Metropolis. Retrieved from http://epaper.nddaily.com/I/html/2008-

04/28/content_452545.htm. See also Barboza, D. (2008, May 1). China says abusive child labor ring is exposed. The New York

Times, p. 1. See also Students and Scholars against Corporate Misbehavior. (2007). Wal-Mart’ssweatshopmonitoringfailsto

catch violations: The story of toys made in China for Wal-Mart. Retrieved from http://sacom.hk/wpcontent/uploads/2008/07/walmart-reportsacomjun2007.pdf. For more discussions, see the report, p. 43.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

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1.2. Reasons for the Problems

Reviewing the existing literature, including news reports, academic works, and NGO reports, we

found several factors embedded in the labor market, society and the community, the education

system, and the legislative framework to explain the problems of illegally employing child labor,

forced labor, and forced child labor in China.

First, poverty: this economic reason is the most significant factor pushing children of poor

families to enter the labor market, working before age 16 simply to survive. The vast majority of

child laborers in China are from poverty-strickenhouseholdsinthecountry’sunder-developed

rural areas. In March 2006, the Zhejiang Provincial Department of Labor and Social Security

issuedanofficialreportbasedonchildlaborinvestigations,statingthat:“Povertyisthemain

causeofchildlabor...over98percentofchildlaborers[foundworkinginZhejiangProvince]

come from impoverished areas of other provinces, 98 percent come from families with more than

onechild,and95percenthavenotfinishedthe9yearsofcompulsoryeducation.”14 On the

demand side of the labor market, there are always employers willing to risk hiring child laborers

for the purpose of reducing production costs and heartlessly pursuing maximum profits.

Consequently, child laborers become more vulnerable to a series of labor abuses such as

reducing, docking, and deducting salaries; lengthening work hours; using substandard production

equipment; and offering an environment utterly unfit for human habitation. In recent years, the

growingproblemoflaborshortageinChina’slabor-intensive industries has created a demand for

underage children to fill the gulf in the supply of rural migrant workers as labor.

Second,variousshortcomingsofChina’scurrentcompulsoryeducationsystem havebeen

identified as the root cause of the child labor supply. Students who have dropped out of junior

andseniorhighschoolsinChina’sruralregionsaremore likely to become victims of child labor

and forced child labor. A journalist from the Beijing Weekly wroteinJuly2007:“High

educational pressure, a lack of hope for college admittance, and a pessimistic attitude towards the

post-university employment situation, constitute the reasons why some students lose interest in

educationduringjuniorhighschoolanddropout.Someparentsbelieveit’sbettertolettheirkids

dropoutofschoolatanearlierstagesotheycanbe“polished”bysocietyinordertohave“an

earlyweddingandanearlycareer”ratherthanwastetimestudyingatauniversityafterwhich

there are no jobs available. Due to these two reasons, some underage children enter the labor

marketlongbeforereachingthelegalworkingage.”15 Several factors relating to the educational

system resulted in the increasing supply of child laborers, as analyzed by a researcher of the

China Labor Bulletin, a Hong Kong-based labor rights organization, in a report published in

2007.Itfound“grosslyinadequatestateexpenditureoneducation...compulsoryeducationis

reallyeducationforafee...thegulfbetweentheschoolcurriculum andstudents’actual

needs...thehighcostandlimitedbenefitofauniversityeducation.”16

14 Labor and Social Security Department of Zhejiang Province. (2006). Document no. 49. [Official letter issued by Labor and

Social Security Department of Zhejiang Province]. Retrieved from

http://211.138.126.86/gb/zjnew/node3/node22/node166/node224/ node1477/userobject9ai49994.html

15 Feng, J. (2007, July 12). Child labor problem alarming Chinese society. Beijing Weekly. Retrieved from

http://www.beijingreview.com.cn/zgsy/txt/2007-07/10/content_68607.htm

16 China Labour Bulletin. (2007, September). Small hands: A survey report on child labour in China (Research Report No. 3).

Retrieved from http://www.clb.org.hk/en/files/share/File/general/Child_labour_report_1.pdf
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 4~

Third, although China has established a legislative system prohibiting the use of child labor,

forcedchildlabor,andforcedlabor,therearestillloopholesinthecountry’slawsystem.For

example, on the issue of forced labor, Yin Jianzhong, a senior official of the anti-trafficking

officeoftheMinistryofPublicSecurity,analyzedinJuly2007,“Thenumberofforcedlaborers

and the sexually exploited has risen partly because of the loopholes in the legal and labor

systems...TheCriminalLawonhumantraffickingonlyprotectswomenandchildren and leaves

outadultandteenmales.Italsodoesn’thaveprovisionsforpunishingthosetraffickingpeople

forforcedlabororprostitution.”17 Furthermore, ineffective enforcement of current legislation at

the local level also weakens the prevention of illegal employment of child labor, forced labor,

and forced child labor. In many regions of China, the prevailing attitude of the local authorities

towardusingchildlaboris“nopublictip-offs,noofficialinspection.”Itisreportedthatexcept

for the special inspection actions conducted every few years, local authorities rarely applied

compulsory measures to curb the spread of child labor recruitment. This administrative lethargy,

to some degree, has provided fertile soil for the rapid growth of the problem of child labor.18 For

example, the occurrence of slavery in brick kilns in 2007 was closely related to the dereliction of

duty by Government officials. As the Shanxi Governor, Yu Youjun, admitted,“foralongtime,

relevant Government departments did little to regulate rural workshops, small coal mines, and

smallfactories,andtheyarebasicallyoutofcontrolandarenotbeingsupervised.”19 Worse,

some local officials even colluded with law-breakingemployers,refusingtofacilitateparents’

efforts to find and rescue their missing children.20

1.3. Distribution of Child Laborers by Region, Sector, Gender, and

Workplace Ownership

According to existing studies, the distribution of child laborers has clear characteristics regarding

region, gender, sector, and workplace ownership. Regarding both the areas they are sent to and

from, the child labor issue has regional characteristics. As the China Labor Bulletin summarized

inits2007report,“Childworkersprimarilymigratefromeconomicallydisadvantaged areas to

economically developed areas, from comparatively isolated villages to the more open cities, and

from the central and western parts of the country to the southeastern coastal areas, like

Guangdong,Zhejiang,andFujian.”21 Concerning gender, existing studies have demonstrated that

the number of female child workers is significantly higher than that of males. According to the

Women of China magazine, for example, a 1996 survey by governmental agencies in

Guangdong, Shandong, Liaoning, and Hebei found that 73.5% of 1,217 child workers were

female.22 With regard to sectors, the majority of child laborers were found working in low-tech,

labor-intensive industries such as textiles, clothing, shoe, luggage, toy, fireworks, leatherware

17 More forced into labor, prostitution. (2007, July 27). China Daily. Retrieved from http://english.china.com/zh_cn/news/

society/11020309/20070727/14245061.html

18 Feng, J. (2007, July 12). Child labor problem alarming Chinese society. Beijing Weekly. Retrieved from

http://www.beijingreview.com.cn/zgsy/txt/2007-07/10/content_68607.htm

19 Fears linger over child slaves at kilns. (2007, June 23). South China Morning Post, p. 4.

20 Feng, J. Child labor problem alarming Chinese society. (2007, July 12). Beijing Weekly. Retrieved from

http://www.beijingreview.com.cn/zgsy/txt/2007-07/10/content_68607.htm

21 China Labour Bulletin. (2007, September). Small hands: A survey report on child labour in China (Research Report No. 3).

Retrieved from http://www.clb.org.hk/en/files/share/File/general/Child_labour_report_1.pdf

22 Chunling, L., & Daming, W. (1998). An analysis of the circumstances of disadvantaged Chinese youth. Youth Studies, (Vols.

5–7).
Summary Report: Child Labor, Forced Labor,

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and glassware manufacturing, and the food and beverage industry.23 Finally, regarding

workplace ownership, most employers of child laborers are private, township, or individual

workshops of small size, while State-owned and large-scale enterprises were seldom found

breaking the law to hire child laborers.24 As the official report of the Zhejiang Provincial

DepartmentofLaborandSocialSecuritystated,“Morethan98percentofchildlaboris

concentrated in townships, individual, and private businesses, especially in family-based

workshops.”25

1.4. Focus of This Research

Bearing in mind the increasing awareness of child labor, forced child labor, and forced labor in

China, this research project examines the current incidence and nature of these problems in ten

sectors in China—brick, coal, cotton, fireworks, tile, toy, electronics, foundry products, grape

products, and chemical. This research project also investigates the employment conditions under

which the victims of child labor, forced child labor, and forced labor are working, and compares

them with other employees working in the same workplace.

23 Yin, M.-M., & Lu, Y.-G. (2004). Analysis on the phenomenon of child labor. Population and Economics, Vol. 5. See also

China Labour Bulletin. (2007, September). Small hands: A survey report on child labour in China (Research Report No. 3).

Retrieved from http://www.clb.org.hk/en/files/share/File/general/Child_labour_report_1.pdf

24 Ibid.

25 Labor and Social Security Department of Zhejiang Province. (2006). Document No. 49. [Official letter issued by Labor and

Social Security Department of Zhejiang Province]. Retrieved from http://211.138.126.86/gb/zjnew/node3/node22/node166/

node224/node1477/userobject9ai49994.html

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II. METHODOLOGY

2.1. Definitions

2.1.1. Child Labor

Child labor under the international standards outlined in International Labor Organization (ILO)

Convention 138 means all work performed by a person below the age of 15.26 In addition, this

research also considers guidelines established by ILO Convention 182 on the Worst Forms of

Child Labor (WFCL), which states that no child under the age of 18 shall be subject to the

following practices:

a) All forms of slavery or practices similar to slavery, such as the sale or trafficking of

children, debt bondage and serfdom, or forced or compulsory labor, including forced or

compulsory recruitment of children for use in armed conflict.

b) The use, procuring, or offering of a child for prostitution, for the production of

pornography, or for pornographic purposes.

c) The use, procuring, or offering of a child for illicit activities, in particular for the

production and trafficking of drugs.

d) Work circumstances under which such things are carried out, which are likely to harm the

health, safety, or morals of children.

China has ratified the ILO conventions: Convention 138 in 1999, and Convention 182 in 2002.

Compared with the issues of forced labor and forcedchildlabor,China’slegislativesystemis

relatively well established on the issue of child labor, including: the Law on the Protection of

Minors, enacted in 1991 and revised in 2006; the Labor Law enacted in 1994; Provisions on

Prohibiting the Use of Child Labor, issued in 1991 and revised in 2002; and the Criminal Law of

thePeople’sRepublicofChina,enactedin1979andrevisedin2006.

China’sLegislativeSystem onIssuesofChildLabor

Law on the Protection of Minors27

Article 38: No organizations or individuals are allowed to hire minors under age 16, except as otherwise

provided by the State. Any organization or individual that recruits minors age 16 years or above but

under age 18 shall follow the relevant regulations of the State in respect to the types of jobs, duration of

time, and intensity of labor, as well as protective measures, and may not assign them to any overstrenuous, poisonous, or harmful labor, or any dangerous operations.

Article 68: Organizations or individuals illegally hiring minors under age 16, or recruiting juveniles age

16 or above but under age 18, to work on any over-strenuous, poisonous, or harmful labor, or any

dangerous operation, will be required by the labor and social security departments to rectify violations

and a financial penalty will be imposed; if the violations are serious, the Administrative Department for

Industry and Commerce will revoke their operating license.

26 Further explanation of ILO Conventions 182 and 138 can be found at the following URL: http://www.ilo.org/

ilolex/english/convdisp1.htm

27LawofthePeople’sRepublicofChinaontheProtectionofMinors.(2006).Retrievedfromwww.gov.cn/flfg/2006-

12/29/content_554397.htm
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Labor Law28

Article 58: The State shall provide female workers and juvenile workers with special protection.

Juvenile workers hereby refers to laborers age 16 or above but under age 18.

Article 64: No juvenile workers shall be allowed to engage in work below or within mine pits, work that

is poisonous, or harmful, work with Grade IV physical labor intensity29 as stipulated by the State, or

other work that they should avoid.

Article 65: The employment unit shall provide regular physical examinations to juvenile workers.

Article 95: Where an employment unit encroaches upon the legitimate rights and interests of female

and juvenile workers in violation of the stipulations of this Law on their protection, the Labor

Administrative Department shall order it to make corrections, and impose a fine. If harm to female and

juvenile workers has been caused, the unit shall assume the responsibility for compensation.

Provisions on Prohibiting the Use of Child Labor30

Article 2: No employer may hire minors under age 16 (and working minors are classified as child

laborers). No entity or individual is allowed to arrange employment for minors under age 16.

Article 4: All employers are required to verify the age and identity of applicants when recruiting

personnel.

Article 5: Labor bureaus at all levels of government, from the county level up, have the primary

responsibility of enforcing these regulations, while the public security, industry and commerce,

education, and health agencies, as well as civil organizations such as trade unions, the Communist

YouthLeague,andtheWomen’sFederation,alsohavelegalobligationsin this area.

Article 6 and 7: Employers hiring child laborers will be fined 5,000 Yuan per month per person;

introducing legal minors to work will result in a fine of 5,000 Yuan per person, and the operating license

of employment agencies will be revoked for introducing legal minors to work.

Article 11: Anyone who abducts child workers; forces child workers into labor; makes child workers

engage in hard physical labor, work at high altitude or underground, or work with radioactive, toxic,

flammable or explosive materials; uses child workers under age 14; or causes the death or serious

injury of child workers; is considered guilty of using child labor, and the judicial agencies are charged

with enforcing the criminal law provisions on child trafficking, forced labor, and other applicable crimes.

The current Chinese legislation system sets the minimum working age at 16. All persons

employed between age 16 and 18 are legislatively classified as juvenile workers (weichengnian

gong) and should be subject to particular legal protections; for example, being prohibited from

working in mines or in other heavy industrial jobs. However, in China, using students under the

legal working age of 16 as temporary workers under a work-study program31 is not recognized as

illegally using child labor. The National Temporary Regulation on Work-Study Programs for

Elementary and Secondary Schools, issued in 1983 by the State Council, encourages schools to

28 LaborLawofthePeople’sRepublicofChina.(1994).Retrievedfromwww.cau.edu.cn/xgh/FAGUI/guojia/ldf.html

29 According to the Chinese national standard on Category of Physical Labor Intensity, Grade IV is the heaviest physical labor,

which requires a pure working time of 370 minutes per day (8 hours), consuming an average body energy of 2,700 calories. See

http://ks.cn.yahoo.com/question/?qid=1407022802348

30 Provisions on Prohibiting the Use of Child Labor. (2002). Retrieved from http://www.people.com.cn/GB/shizheng/

252/10043/10044/20021231/899224.html

31 Work-study is a well-established school program designed to give students limited work experience and vocational training.

However, over the last decade or so there has been widespread abuse of this system. For example, during each summer vacation,

large groups of 11- to 15-year-old students from mountainous areas in Hunan, Guangxi, Guangdong, and other provinces have

been sent to toy and handicraft factories in the coastal regions to engage in so-called work-study activities. In many cases, they

have had to work even longer hours than adult workers. Some rural primary and secondary schools also arrange for their students

to go to local enterprises to participate in seasonalproduction,andmostoftheearningsfromtheseactivitiesbecometheschool’s

income. See China Labour Bulletin. (2007, September). Small hands: A survey report on child labour in China (Research Report

No. 3). Retrieved from http://www.clb.org.hk/en/files/share/File/general/Child_labour_report_1.pdf
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carry out work-studyprogramsofvariousforms.Article2outlines“themainobjectives of

programsaretocultivatestudents’morals,enhancestudent’sknowledgeandskillinproduction,

andgeneraterevenueforimprovingeducationfacilitiestothebenefitofteachersandstudents.”32

The Education Law actually supports schools that establish work-study programs, and in it,

Article58provides,“TheStateshalladoptpreferentialmeasurestoencourageandsupport

schools to develop work-and-study programs, conduct social services, and establish campus

workshops on the precondition that normal education and teaching/learning activities are not

affected.”33 Provisions on Prohibiting the Use of Child Labor, revised by the State Council in

2002 provides that education practice labor and vocational skills training labor organized by

schools and other educational and vocational institutes do not constitute the use of child labor

when such activities do not adversely affect the safety and health of the students.34

ConsideringboththeinternationalstandardsandChina’snationallegislationon child labor, in

this research, we define child labor as (1) working children under age 16, and (2) those under

age 18 who are subject to the worst forms of child labor; i.e., any of the conditions listed in

sections (a) through (d).

2.1.2. Forced Labor

ILO has two conventions on forced or compulsory labor: the Convention concerning Forced or

Compulsory Labour (No. 29) and the Convention concerning the Abolition of Forced Labour

(No. 105).35 ILOConvention29statesthat“thetermforcedorcompulsorylabor shall mean all

work or service which is exacted from any person under the menace of any penalty and for

whichsaidpersonhasnotofferedhimselfvoluntarily.”

ILO provides further guidance on the meaning of menace of penalty and the involuntary nature

of the work or service. Examples of menace of penalty include the actual presence or credible

threat of—

 Physical violence against worker or family or close associates

 Sexual violence

 (Threat of) supernatural retaliation

 Imprisonment or other physical confinement

 Financial penalties

32 National Temporary Regulation on Work-Study Programs for Elementary and Secondary Schools. (1983, February 20).

Retrieved from http://hdmoral.bjedu.cn/news_show.asp?f_id=65&wt_id=227

33 Education Law of thePeople’sRepublicofChina.(1995).Retrievedfromhttp://www.nuaa.edu.cn/xcb_web/

law_study/jiaoyufa.htm

34 Provisions on Prohibiting the Use of Child Labor. (2002). Article 13. Retrieved from http://www.people.com.cn/GB/

shizheng/252/10043/10044/20021231/899224.html

35 ILO Convention concerning Forced or Compulsory Labour. (1930). No. 29. Retrieved from

http://www.ilo.org/ilolex/english/convdisp1.htm. See also ILO Convention concerning the Abolition of Forced Labour. (1957).

No. 105. Retrieved from http://www.ilo.org/ilolex/english/convdisp1.htm
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 Denunciation to authorities (police, immigration, etc.) and deportation

 Dismissal from current employment

 Exclusion from future employment

 Exclusion from community and social life

 Removal of rights or privileges

 Deprivation of food, shelter, or other necessities

 Shift to even worse working conditions

 Loss of social status.

Examples of involuntary nature of work (coercion) include—

 Birth/descent into slave or bonded status

 Physical abduction or kidnapping

 Sale of person into the ownership of another

 Physical confinement in the work location—in prison or in private detention

 Psychological compulsion; i.e., an order to work, backed up by a credible threat of a

penalty for noncompliance

 Induced indebtedness (by falsification of accounts, inflated prices, reduced value of

goods or services produced, excessive interest charges, etc.)

 Deception or false promises about types and terms of work

 Withholding and non-payment of wages

 Retention of identity documents or other valuable personal possessions.

ChinahasnotratifiedILO’sConventiononForcedLaborortheConventionontheAbolitionof

Forced Labor.36 Comparativelyspeaking,China’slegislativesystem isrelativelyweakonthe

issue of forced labor, narrowly defining forced labor as a crime when laborers suffer from

“restrictionofpersonalfreedom”and“physicalviolence.”Itdoesnotrequirethosetraffickingin

36 AccordingtoKathleenSpeake,chieftechnicaladvisorofILO’sProjecttoPreventTraffickinginGirlsandYoungWomenfor

Labor Exploitation in China (CP-TING), China will soon ratify the Palermo Protocol and the ILO Conventions on Forced Labor,

leadingtochangesinthecountry’slegaldefinitionoftrafficking,whichwillbringitmoreinlinewiththeinternational

definition. See also, Zhuo-qiong, W. (2008, September 30).China to step up fight against trafficking in women. China Daily.

Retrieved from http://www.chinadaily.com.cn/china/2008-09/30/content_7070678.htm
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and hiring forced adult laborers by other means of penalty or coercion, as specified by the ILO,

to bear criminal responsibility.

China’sLegislativeSystem ontheIssueofForcedLabor

Labor Law

Article 96: Where an employment unit commits one of the following acts, the person in charge shall be

taken into custody by a public security organ unit for 15 days or less, fined, or given a warning; criminal

responsibilities shall be investigated against the person in charge according to the law if the act

constitutes a crime in one of the following ways: forcing laborers to work by resorting to violence,

intimidation, or illegal restriction of personal freedom; humiliating, giving corporal punishment, beating,

illegally searching, or detaining laborers.

Criminal Law of the People's Republic of China37

Article 244: Where an employment unit, in violation of the laws and regulations on labor administration,

compels its employees to work by restricting their personal freedom, this will be considered forced

labor; if the violations are serious, the persons directly responsible for the offense shall be sentenced to

a fixed-term imprisonment of not more than three (3) years or criminal detention and shall also, or shall

only, be fined.

For the purposes of this study, forced labor is defined based on the ILO Conventions rather than

theChineselegislativesystem,becausetheILO’sdefinitionprovides a more analytically suitable

conceptual tool to reflect the complex, real situation of forced labor issues in China. Based on

guidance regarding the meaning of menace of penalty and the involuntary nature of work

provided by the ILO, this study created an operationalized conceptual tool to define forced labor:

Elements of Menace of Penalty Yes/No

Physical violence against worker or family, or close associates

Imprisonment or other physical confinement

Sexual violence

(Threat of) supernatural retaliation

Financial penalties

Denunciation to authorities and deportation

Dismissal from current employment

Exclusion from future employment

Exclusion from community and social life

Removal of rights or privileges

Deprivation of food, shelter, or other necessities

Shift to even worse working conditions

Loss of social status

Number of Yes

37Criminal Law of the People's Republic of China. (2006). Retrieved from www.szxingshi.com/95w9.html
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Elements of Involuntary Nature of Work Yes/No

Birth/descent into slave or bonded status

Physical abduction or kidnapping

Sale of person into the ownership of another

Physical confinement to the work location

Psychological compulsion

Induced indebtedness

Deception or false promises about types and terms of work

Withholding and non-payment of wages

Retention of identity documents or other valuable personal possessions

Number of Yes

These two tables can be used as tools to define the occurrence of forced labor. In cases under

investigation (which can be individuals or workplaces), if examples of both menace of penalty

and those of involuntary nature of work are found, the case will be categorized as forced labor.

The more examples found in each table, the more serious the problem.

2.1.3 Forced Child Labor

Asoneoftheworstformsofchildlabor,forcedchildlaborisdefinedas“all work or service

(1) exacted from any person under age 18 under the menace of any penalty for its

nonperformance and for which the worker does not offer himself voluntarily [coercion]; or

(2) performed by any person under age 18 pursuant to a contract the enforcement of which is

accomplished by process or penalties.”

GiventhatChinahasratifiedtwoILO conventionsonchildlabor,thecountry’slegislative

system is slowly becoming solidified on the issue of forced child labor, including the Law on the

Protection of Minors, enacted in 1991 and revised in 2006; Provisions on Prohibiting the Use of

ChildLabor,issuedin1991andrevisedin2002;andtheCriminalLawofthePeople’sRepublic

of China, enacted in 1979 and revised in 2006.

China’sLegislativeSystem on Issues of Forced Child Labor

Law on the Protection of Minors

Article 41: Trafficking, kidnapping, ill treatment, and sexually abusing legal minors is prohibited by law.

Provisions on Prohibiting the Use of Child Labor

Article 11: Anyone who abducts child workers; forces child workers into labor; forces child workers to

engage in hard physical labor, work at high altitude, work underground, or work with radioactive, toxic,

flammable, or explosive materials; uses child workers under age 14; or causes the death or serious

injury of child workers, is considered guilty of using child labor, and the judicial agencies are charged

with enforcing the criminal law provisions on child trafficking, forced labor, and other applicable crimes.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

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Criminal Law of the People's Republic of China

Article 262: Anyone who abducts a minor under age 14, thereby separating the child from his family or

guardian, shall be sentenced to a fixed-term imprisonment of not more than five (5) years, or criminal

detention. Anyone who organizes disabled people and minors under age 14 through violence or

coercion to beg is to be sentenced to a fixed-term imprisonment of not more than three (3) years or

criminal detention, and shall also be fined; if the [violation] circumstances are serious, they are to be

sentenced to a fixed-term imprisonment of more than three (3) years but less than seven (7) years

and/or fined.

IncorporatingtheinternationalstandardsandChina’slegislationonforcedchildlabor,forthe

purpose of this research, forced child labor is defined by three conditions:

 The work or service is performed by a child below the age of 18.

 The work is done under the menace of any penalty.

 The work is done involuntarily (coercion).

In practice, coercion of children can sometimes occur differently from coercion of adults.

Examples of ways in which children are coerced into exploitive work include the following:

 Children are deprived of basic needs in the workplace.

 They work long or unusual hours.

 They are engaged in hazardous work that puts them at risk of serious injury or death.

 They are physically or sexually abused at work.

 They are not able to attend school because of work.

Individually, these factors may not in and of themselves constitute coercion, but if several factors

(at least two) are present, this could be an indication of coercion. Put plainly, in this research, the

following three tables simplify the operationalization of the concept of forced child labor:

Elements of Menace of Penalty Yes/No

Physical violence against worker or family or close associates

Imprisonment or other physical confinement

Sexual violence

(Threat of) supernatural retaliation

Financial penalties

Denunciation to authorities and deportation

Dismissal from current employment

Exclusion from future employment
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Exclusion from community and social life

Removal of rights or privileges

Deprivation of food, shelter, or other necessities

Shift to even worse working conditions

Loss of social status

Number of Yes

Elements of Involuntary Nature of Work Yes/No

Birth/descent into slave or bonded status

Physical abduction or kidnapping

Sale of person into the ownership of another

Physical confinement to the work location

Psychological compulsion

Induced indebtedness

Deception or false promises about types and terms of work

Withholding and nonpayment of wages

Retention of identity documents or other valuable personal possessions

Number of Yes

Elements of Coercion of Children Yes/No

Children are deprived of basic needs in the workplace

They work long or unusual hours

They are engaged in hazardous work that puts them at risk of serious injury or

death

They are physically or sexually abused at work

They are not able to attend school because of work

Number of Yes

These three tables can be used as tools to determine the occurrence of forced child labor. In a

case under investigation (individual or workplace), for working children under age 18, if

examples of menace of penalty, involuntary nature of work, and coercion of children are found,

the case will be considered forced child labor. The more examples found in each table, the more

serious the problem.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

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2.1.4. Employment Conditions

To achieve a deep understanding of the nature of child labor, forced labor, and forced child labor

in China, researchers need to examine the employment conditions under which the victims of

these problems are laboring. Generally, employment conditions can be measured by a wide range

of standards, including monthly payment, working hours, occupational safety and health

conditions, and legally required social security benefits. The Chinese legislative system that

regulates main aspects of employment conditions includes the Labor Law enacted in 1994; the

Production Safety Law issued in 2002; the Provisions on Minimum Wages issued by the

Ministry of Labor and Social Security in 2003; and the Labor Contract Law enacted in 2007.

China’sLegislativeSystem onWorkingHours

Labor Law38

Article 36: The State shall practice a working hour system under which laborers shall work for no more

than 8 hours a day and no more than 44 hours a week on the average.

Article 38: The employing unit shall guarantee that its staff and workers have at least one day off in a

week.

Article 41: The employing unit may extend working hours due to the requirements of its production or

business after consultation with the trade union and laborers, but the extended working hour for a day

shall generally not exceed one hour; if such extension is called for due to special reasons, the

extended hours shall not exceed three hours a day under the condition that the health of laborers is

guaranteed. However, the total extension in a month shall not exceed 36 hours.

China’sLegislativeSystem onWages

Labor Law

Article 44: The employing unit shall, according to the following standards, pay laborers remunerations

higher than those for normal working hours under any of the following circumstances:

To pay no less than 150% of the normal wages if the extension of working hours is arranged.

To pay no less than 200% of the normal wages if the extended hours are arranged on days of rest and

no deferred rest can be taken.

To pay no less than 300% of the normal wages if the extended hours are arranged on statutory

holidays.

Article 48: The State shall implement a system of guaranteed minimum wages. Specific standards on

minimumwagesshallbedeterminedbythepeople’sgovernmentsofprovinces,autonomousregions,

or municipalities directly under the Central Government and reported to the State Council for the

record. Wages paid to laborers by the employing unit shall not be lower than the local standards on

minimum wages.

Article 50: Wages shall be paid monthly to laborers themselves in the form of currency. The wages paid

to laborers shall not be deducted or delayed without justification.

Article 51: The employing unit shall pay wages according to law to laborers who observe statutory

holidays, take leaves during the periods of marriage or funerals, or participate in social activities in

accordance with the law.

38 LaborLawofthePeople’sRepublicofChina. (1994). Retrieved from www.cau.edu.cn/xgh/FAGUI/guojia/ldf.html
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Provisions on Minimum Wages39

Article 3: The term standards on minimum wages as mentioned in the present Provisions refers to the

minimum labor remuneration that shall be paid by the employing entities in accordance with the law

under the precondition that the laborers have provided normal labor within the statutory working hours

or within the working hours as stipulated in the labor contracts concluded in accordance with the law.

The term normal labor as mentioned in the present Provisions refers to the labor undertaken by a

laborer, according to the contract concluded in accordance with the law, within the statutory working

hoursorwithintheworkinghoursstipulatedinthecontract.Alaborer’senjoyingpaidannualvacation,

home leave, marriage, or funeral leave, maternity leave, and contraceptive operation leave, as well as

his/her participating in any social activities in the statutory working hours shall be deemed as offering

normal labor.

Article 4: The administrative departmentsoflaborandsocialsecurityofthepeople’sgovernmentsator

above the county level shall be responsible for the supervision and inspection over the employing

entities’implementationofthepresentProvisionswithintheirrespectiveadministrativedivision.

Article 5: As a general rule, the standards of minimum wages appear in two forms: the standard of

monthly minimum wage and the standard of hourly minimum wage. The standard of monthly minimum

wage applies to full-time employees while the standard of hourly minimum wage applies to non full-time

employees.

Article 12: Under the precondition that the laborers have provided normal labor, wages paid by

employing entities should not be below the standards on minimum wages, which should not include the

following extra payments: (1) overtime; (2) bonus for taking afternoon and night shift, working under low

temperature, down in the pit of mines, or under poisonous or harmful conditions; (3) other benefits

stipulated by laws and regulations.

Labor Contract Law40

Article 20: The wages paid to employees during their probation period shall not be less than the

minimum wage level for the same position with the Employer, or less than 80% of the wage agreed

upon in the labor contract, and shall not be less than the minimum wage of the place where the

Employer is located.

Article 72: The hourly remuneration rate for part-time labor shall not be lower than the minimum hourly

wagerateprescribedbythelocalpeople’sgovernmentoftheplacewheretheEmployerislocated. The

maximum remuneration settlement and payment term for part-time labor shall not exceed 15 days.

Article 85: If an Employer falls into any of the following circumstances, the labor administrative

department shall order the Employer to pay labor remuneration, overtime wages, or financial

compensation within a specific period of time. If the labor remuneration is lower than the local minimum

wage rate, the Employer shall pay the shortfall; if the payment is not made within the time limit, the

Employer shall be ordered to pay extra damages to the employee at a rate of not less than 50% and

not more than 100% of the amount payable.

Failing to pay an employee his labor remuneration in full and on time as stipulated in the labor contract

or as prescribed by the State.

Paying an employee labor remuneration below the local minimum wage rate.

Failing to pay overtime wages despite the arrangement for overtime work.

Revoking or terminating a labor contract without paying the employee financial compensation pursuant

to this Law.

39 The Provisions on Minimum Wages. (2003). Retrieved from www.lawinfochina.com/law/display.asp?db=1&id=3401

40 Labor Contract LawofthePeople’sRepublicofChina.(2007). Retrieved from http://news.xinhuanet.com/legal/2007-

06/30/content_6311563.htm
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China’sLegislativeSystem onOccupationalSafetyandHealth

Labor Law

Article 52: The employing unit must establish and perfect the system for occupational safety and

health, strictly implement the rules and standards of the State on occupational safety and health,

educate laborers on occupational safety and health, prevent accidents in the process of work, and

reduce occupational hazards.

Article 54: The employing unit must provide laborers with occupational safety and health conditions

conforming to the provisions of the State and necessary articles of labor protection, and provide regular

health examination for laborers engaged in work with occupational hazards.

Article 55: Laborers to be engaged in specialized operations must receive specialized training and

acquire qualifications for such special operations.

Article 56: Laborers must strictly abide by rules of safe operation in the process of their work.

Laborers shall have the right to refuse to operate if the management personnel of the employing unit

command the operation in violation of rules and regulations or force laborers to run risks in operation;

laborers shall have the right to criticize, report, or file charges against the acts endangering the safety

of their life and health.

Production Safety Law41

Article 37: The production and business operation entities shall provide labor protection articles that

meet the national standards or industrial standards to the employees thereof, and supervise and

educate them to wear or use these articles according to the prescribed rules.

Article 44: In the employment contracts entered into between the production and business operations

and the employees, it shall include stipulations about the guarantee of the labor safety of the

employees, the avoidance of vocational injuries, and the buying of employment injury insurances for

the employees thereof according to law. No production and business operation entity may conclude

any agreement with the employees thereof so as to exempt or mitigate the liabilities which result from

any production safety accident casualties occurring to the employees thereof and which it has to

undertake.

Article 46: The employees shall be entitled to criticize, expose, or institute legal proceedings on the

grounds of the problems that exist in the production safety of the entity concerned.

Article 47: Where any employee finds any emergency that may directly endanger the personal safety of

himself or any other person, he shall be entitled to stop work or leave the site of work after taking

possible emergency measures.

Labor Contract Law

Article 32: The refusal of an employee to perform dangerous tasks shall not be deemed as a breach of

contract if he is forced to do so by the management staff of the Employer or if the instruction to do so is

made in violation of regulations. Employees shall have the right to criticize, report to the authorities, or

bring charges against their Employers in respect to working conditions that would endanger their lives

and health.

China’sLegislative System on Social Security

Labor Law

Article 70: The State shall develop social insurance undertakings, establish a social insurance system,

and set up social insurance funds so that laborers may receive assistance and compensations under

41 ProductionSafetyLawofthePeople’sRepublicofChina.(2002). Retrieved from http://news.xinhuanet.com/legal/2003-

01/22/content_701861.htm
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such circumstances as old age, illness, work-related injury, unemployment, and childbearing.

Article 73: Laborers shall, in accordance with the law, enjoy social insurance benefits under the

following circumstances: (a) retirement; (b) illness or injury; (c) disability caused by work-related injury

or occupational disease; (d) unemployment; and (e) childbearing. The survivors of the insured laborers

shall be entitled to subsidies for survivors in accordance with the law. The conditions and standards for

laborers to enjoy social insurance benefits shall be stipulated by laws, rules, and regulations. The

social insurance amount that laborers are entitled to must be paid in full in a timely manner.

Production Safety Law

Article 43: The production and business operation entities must buy employment injury insurance

according to law, and pay insurance premiums for the employees thereof.

2.2. Data Gathered

2.2.1. Summary of Data Gathered

From October 13 to December 22, 2008, for the purpose of this research project, the researcher

collected two kinds of data—secondary sources and primary sources. The secondary data sources

during the period 2003–2008 include 92 news articles collected through Google (in Chinese) and

LexisNexis (in English), 19 English reports by international organizations and overseas NGOs,

and 8 academic articles in Chinese through China Journal Net. The primary sources include

interviews with 27 Type 1 informants and 99 Type 2 informants, as well as site-visit notes and

photos taken during field studies in 37 workplaces in brick, tile, coal, fireworks, and toy

industries. Type 1 informants refer to interviewees from media, international organizations,

NGOs, community groups, and academic institutions that have investigated or reported on the

problems of child labor, forced child labor, and forced labor in China. Type 2 informants refer to

interviewees who provided workplace-specific empirical data in bricks, coal, cotton, fireworks,

tile, and toy industries, including victims of child labor, forced child labor, and forced labor,

other adult employees, employer/managers, and community members (see Table 1).

Table 1: Summary of Data Gathered

Category Subcategory Source Number

News articles from Chinese and

English media

Google (Chinese)

LexisNexis (English)

92

Reports in English by international

organizations and overseas NGOs

Internet;

During interviews

19

Secondary

Sources

Academic articles in Chinese China Journal Net 8

Interview notes of Type 1 informants 27

Interview notes of Type 2 informants 99

Site visits notes For five sectors only

Primary

Sources

Photos Taken during fieldwork Over 100
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2.2.2. Type 1 Interviews

As illustrated in Table 2, the researcher interviewed 27 informants, including five from the

Chinese media, one international organization, five China-based NGOs, seven overseas NGOs,

five community groups, and four scholars of academic institutions. Of the 27 Type 1 interviews,

all of the interviews were conducted asking questions related to all 10 target sectors and eight

Type 1 interviews provided industry-specific information: two for electronics, two for brick, two

for toy, one for tile, and one for cotton.

Table 2: Summary of Type 1 Interviewees

Category Organization Location Number

Media China 5

International Organization 1

NGO China 5

Overseas NGO Hong Kong, U.S., U.K. 7

Community Group China 5

Academic Institution China 4

Total 27

2.2.3 Type 2 Interviews

As shown in Table 3, during the fieldwork in 37 workplaces (brickyards, tile kilns, coal mines,

fireworks factories, and toy factories) in Shanxi, Hunan, and Guangdong provinces and

telephone interviews concerning the cotton farming industry in Xinjiang, 99 informants were

interviewed, including three victims of child labor, three victims of forced labor, five victims of

forced child labor, 53 other adult employees, 27 employer/managers, and eight community

members.42

Table 3: Summary of Type 2 Interviewees

Visited

Workplace

Interviewed Informants43

Child

labor

Forced

labor

Forced

child

labor

Other

adult

employee

Employer/

manager

Community

member

Total

Brick 10 0 3 0 16 11 30

Coal 6 1 0 0 9 3 1 14

42 Although victims of child labor, forced labor, and forced child labor are the ideal informants for this research project,

researchers also interviewed other adult employees, employers/managers, and community members because they could

(1) provide information on their own employment practices (being forced labor/hiring child labor, forced labor, forced child

labor, or not); (2) provide clues for researchers to identify and interview victims of child labor, forced labor, forced child labor;

and (3) allow researchers access to workplaces or dormitories where interviews of some victims of child labor, forced labor, and

forced child labor were conducted (for employers).

43 Researchers did not interview other children except for victims of child labor and forced child labor.
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Fireworks 11 2 0 0 12 8 4 26

Toy 6 0 0 5 14 5 2 26

Cotton 1 0 0 0 1 0 1 2

Tile 3 0 0 0 1 0 0 1

Total by 3 3 5 53 27 8

Category

37

Victims: 11 Non-victims: 88

99

Different research methods were used for priority and non-priority sectors. For the five priority

sectors (brick, coal, cotton, fireworks, and toy) as well as the tiles sector, empirical data were

collected mainly from semi-structured interviews conducted during fieldwork (Type 2

interviews); secondary data are also analyzed. For the four non-priority sectors (electronics,

foundry products, grape products, and chemicals), the researcher relied heavily on secondary

sources, such as news articles, academic works, and NGO reports for analysis.

2.3. Data Analysis

Quantitative analysis was done descriptively, discussing the incidence and distribution of the

problems of child labor, forced child labor, and forced labor in the six sectors (brick, coal,

cotton, fireworks, toy, and tile) where the researcher collected empirical data. Given that the

number of interviews with victims of these problems is relatively small (11 in total), statistical

analysis cannot be done in a sector-based or issue-specific way. Instead, the 11 victims of child

labor, forced child labor, and forced labor interviewed are considered to be the sample for

quantitative analysis, and this study portrays the distribution of the 11 victims of child labor,

forced child labor, and forced labor by sector, age, gender, education level, household

registration status, occupational status, workplace ownership, market, and size of the workforce,

which are all key factors in determining the general characteristics of the issues focused on for

this project (see Annex B). However, quantitative analysis of this type is not applicable to the

four sectors (electronics, foundry products, grape products, and chemicals) where no empirical

data were collected. Instead, the researcher relied heavily on secondary sources to examine the

incidence and nature of child labor, forced labor, and forced child labor in these sectors. In

addition, for all 10 sectors, this research has undertaken qualitative analysis that is descriptive

and explanatory in nature, examining the extent to which various economic, social, and political

factorsembeddedinChina’snational,regional,orsector-specific environments determine the

occurrence and nature of child labor, forced child labor, and forced labor.

This study was designed to use primary and secondary qualitative data sources to provide an

indication of the extent of child labor, forced child labor, and forced labor within 10 industries in

China. Based on this research design, both primary and secondary data sources cannot provide

findings of statistical significance with regard to the extent of child labor, forced child labor, or

forced labor in China.

When analyzing the occurrence of child labor, forced labor, and forced child labor in ten sectors,

researchers abide by thefivecriterialistedinUSDOL’sProceduralGuidelines:
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a) Nature of information

b) Date of information

c) Source of information

d) Extent of corroboration

e) Significant incidence of child labor, forced labor, or forced child labor

USDOL published in the Federal Register (Vol. 72, No. 247, p. 73,377) a definition of

significant incidence of child labor, forced labor, or forced child labor that is not dependent on

statistical testing. That definition is—

Information that relates only to a single company or facility; or that indicates

an isolated incident of child labor or forced labor, will ordinarily not weigh in

favor of a finding that a good is produced in violation of international

standards. Information that demonstrates a significant incidence of child labor

of forced labor in the production of a particular good(s), although not

representing a pattern or practice in the industry as a whole, will ordinarily

weigh in favor of a finding that a good is produced in violation of international

standards.

Using this definition any time there is a demonstration that the incident is not isolated and is not

in a single company or facility will be considered to constitute significant incidence. Evidence

for significant incidence spans from 2003 to 2008.

2.4. Limitations of the Study

The research methodology for this project does not overcome various limitations to make a

conclusive assessment of the incidence and nature of the problems of child labor, forced labor,

andforcedchildlaborinChina’s10industries—brick, coal, cotton, fireworks, tile, toy,

electronics, foundry products, grape products, and chemical. The project is not designed to be

statistically representative of quantitative research because of the following constraining factors:

1. For the six sectors—brick, coal, cotton, fireworks, tile, and toy—where empirical studies

were conducted, workplaces for the research were selected by judgment sampling,44 but

were not drawn randomly from a list of workplaces in these six sectors of China,45

indicating that the sample of 37 workplaces is not statistically representative of the

population.

44 Researchers decided to draw the sample of workplaces from four representative cities: Shanxi, Hunan, Guangdong, and

XinjiangProvinces,whichare,respectively,thelargestproductionbasesforChina’sbrick, tile, coal, firework, toy, and cotton

industries, where use of child labor, forced labor, and forced child labor has been reported by media, NGOs, and scholars to

varying degrees.

45 Researchers believe a list of such workplaces within these six sectors of China does not actually exist, and was apparently not

available for this project.
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2. For the six sectors where empirical studies were conducted, all 99 Type 2 interviewees

from the 37 workplaces were selected through snowball sampling46 rather than through

random sampling because research did not identify a full list of all employees

(population) available for researchers to randomly draw a sample (interviewee) from.

Consequently, the sample of 99 interviewees is not statistically representative of the

population. For the same reason, the researcher had no chance to interview other children

besides those identified as victims of child labor and forced child labor.

3. For the four non-priority sectors—electronics, foundry products, grape products, and

chemical—where no field study was conducted, the researcher relied on secondary

sources (news articles, reports of international organizations and NGOs, as well as

academic works) and interviews with 27 Type 1 informants (journalists, international

organizations, NGOs, and scholars) for analysis. However, none of these secondary

sources and Type 1 interviews provided industry-specific, statistically quantitative

analysis of the incidence and nature of the problems of child labor, forced child labor,

and forced labor.

For these reasons, it is not possible to make statistically quantitative analyses by sector on the

incidence and nature of the problems of child labor, forced child labor, and forced labor in

China. The quantitative analysis for this evaluation is based on a small sample (11 victims of

child labor, forced child labor, and forced labor) that was drawn through non-probability

sampling methods. It is, therefore, a pilot research investigation,47 meant to facilitate future

quantitative study with higher levels of methodological rigor.

Regarding qualitative analysis of empirical data for this project, the project had limitations in

collecting sufficient industry-specific data for each of the 10 sectors to make a conclusive

assessment of the incidence and nature of the problems of child labor, forced child labor, and

forcedlaborinChina’s10industries:

1. For the six sectors—brick, coal, cotton, fireworks, tile, and toy—where empirical studies

were conducted, the field studies were not in-depth enough to interview more relevant

informants (especially victims) and collect rich empirical data in each workplace and

industry. Given that the project time for empirical study of the 10 industries was less than

one month, the researcher had just three to five days for each sector, which includes

several workplaces located in different provinces of China, and could only spend a mere

several hours in each workplace.

2. For the four non-priority sectors—electronics, foundry products, grape products, and

chemical—where no field study was conducted, the only primary data available for

analyses were interviews with 27 Type 1 informants (journalists, international

organizations, NGOs, and scholars). However, only two Type 1 interviews provided

industry-specific information (for electronics); six Type 1 interviews provided industryspecific information for brick (2), toy (2), tile (1), and cotton (1) sectors; and two Type 1

interviews provided industry-specific information for suitcase/handbag (1) and garment

(1) industries, which were not the focus of this project.

46 Once approaching a new workplace, researchers rely on referrals from initial subjects who were met/interviewed previously by

researchers to generate additional interviewees, especially victims of child labor, forced labor, and forced child labor.

47 For details, see Annex B: Pilot Quantitative Analysis.
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Concerning the secondary data collected for this project, which contain news articles, reports of

international organizations and NGOs, as well as academic works, the present research also had

limitations in collecting sufficient industry-specific data for each of the 10 sectors in order to

make a conclusive assessment of the incidence and nature of the problems of child labor, forced

child labor, and forced labor in these 10 industries:

1. Based on the requirement of the terms of reference (TOR),48 for all 10 sectors, news

reports in both Chinese and English were not exhaustively collected, as many of the

articles focused solely on the slavery brickyard scandal in 2007 and the Foxconn

electronics factories from 2006. An attempt was made to collect articles on all 10 sectors

to provide adequate secondary information.

2. Although the majority of NGO reports were industry-specific, they focused on merely

two industries (electronics and toy), providing no information on other industries.

3. All collected academic works and reports of international organizations for this project

were not industry-specific.

Finally, the project had limitations in the procedure of research design:

1. If secondary data had been collected, reviewed, and analyzed before the finalization of

the TOR, the field studies could have been based on a better background of knowledge.

2. If the Type 1 interviews had been conducted before the launching of field studies as well

as Type 2 interviews, the problem of mismatching the focusing industries49would have

been controlled to a higher degree.

48AstheTORstates,“the researcher shall collect relevant published documents and other materials such as newspaper articles

and radio or video recordings. At a minimum, 20 new documents must be collected. Sources collected should not be more than

five years old.”

49 According to the interviews with Type 1 informants, the mismatch problem was that some industries focused on for this project

(such as grape products, and chemicals) turned out to be less relevant than other industries which were not focused on (such as

suitcase, handbag, and garment).

~Page 25~

3. FINDINGS

3.1. Findings for the Six Sectors with Empirical Data

Based on data drawn from both primary sources (fieldwork and Type 2 interviews) and

secondary sources, we discuss to what extent the problems of child labor (CL), forced child labor

(FCL), and forced labor (FL) existinChina’sbrick,coal,fireworks,toy,cotton,andtilesectors;

we portray the nature of these problems; and we shed light on factors that might explain for the

occurrence of these problems.

3.1.1 Bricks

In 2007, a slavery scandal caused outrage across China, as hundreds of people were found to

havebeenforcedtoworkunderinhumaneconditionsinbrickyardsinChina’sHenanandShanxi

provinces.50 Many of the victims were handicapped children and mentally disabled people.51 In

response to widespread public anger, the Chinese Government launched a national crackdown on

slavery and child labor. At least 548 workers were rescued by June 2007 during the crackdown

on brick factories in North-Central China, where they found abducted men and children as young

as eight years of age who had been sold into slavery for US$65 a head.52

Although the slavery scandal of 2007 made the problems of CL, FCL, and FL in the brickyards

of Shanxi and Henan provinces the target of media scrutiny and government crackdown, during

the period of 2003–2008, brick kilns in other provinces of China had also been reported for using

child labor. For example, in June 2004 it was reported by a journalist of Human Rights that an

illegal brick kiln located in Qinghai Province was investigated by a local labor department for

hiring a young boy, age 14, who was seriously injured at the brickyard after working there for

less than two months.53 The problem of forced child labor in Shanxi Province can be traced back

to 2002 when Zhang Xubo, age 16, was tricked into working in a brick kiln in Yongji County

and had his two feet severed after being seriously beaten by the foremen.54

To examine the current situation of labor practices in brickyards, in late October 2008 our

research team visited two cities in the Southern region of Shanxi Province55 that were in the

spotlight of the 2007 scandal. These areas were selected because the Southern region of Shanxi

Province is one of the largest brick-producing areas in the country. In addition, this area was

50 Fairclough, G. (2008, May 5). China’s child-labor sweep: Underage-work case involving minorities points to wealth gap. Wall

Street Journal Asia (Hong Kong), p. 8.

51Ruwitch, J. (2008, May 2). Assembly-line children: China worried as underage labour scandal grows. The Gazette (Montreal),

p. A17.

52 Ni, C.-C. (2007, June 16). China’spresidentordersprobeofbrickyardslavery.Los Angeles Times, p. A3.

53 Xiong, Z. (2004). Reflections on the case of disabled child labor Gan Hailin. Human Rights, Vol. 6. Retrieved from

http://www.humanrights.cn/china/newzt/magezine/200312005415162501.htm

54 Young boy from Chanan losing two feet sue the employer for committing the crime of intentionally injuring. (2007, June 1).

Huashang News. Retrieved from http://news.163.com/07/0613/13/3GSE0R2O0001124J.html

55 The Southern region of Shanxi Province is one of the largest brick-producing areas in China due to several vital advantages:

low demand for investment cost and labor skill, sufficient supply of cheap labor in nearby provinces of Shananxi and Henan, as

well as abundant source of raw materials (clay and coal). See also, Duan, H., Luo, C., & Wang, H. (2007, June 25). The ecology

of black brick kilns. Caijing Magazine, Vol. 13. Retrieved from http://www.caijing.com.cn/topic/brick
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

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found, through previous media articles, to have been using CL, FCL, and FL. The researcher

investigated 10 brick kilns and interviewed 28 informants (3 victims of forced labor, 14 adult

employees, and 11 employers/managers). In early November 2008, the researcher investigated

one more brick kiln in Hunan Province and interviewed two adult employees. In total, the

researcher visited 11 brick kilns situated in Shanxi and Hunan provinces, and interviewed

30 informants (3 victims of forced labor, 16 adult employees, and 11 employers/managers).

Based on interviews with these 30 informants, the researcher found that out of the 11 brick kilns

visited, one factory (situated in Shanxi Province) was found to be using roughly seven to eight

mentally disabled adults from rural regions in Henan Province as forced labor.56 The researcher

did not find children under age 18 working in any of the brick kilns visited.

In addition to interviews with 30 Type 2 informants, for the purpose of this project, the

researcher also interviewed two Type 1 informants57 and reviewed secondary data (news reports

and academic articles) during the period of 2003–2008 to achieve a long-term assessment of the

situation of CL, FCL, and FL in the brick sector. Among these site visits, interviews, and articles,

two site visits (which included various Type 2 interviews), both Type 1 interviews, and

15 articles and reports were found to be relevant in determining incidence of CL, FCL, and FL in

the brick industry.

3.1.1.1. Forced Labor

After analyzing relevant news reports during the period of 2001–2002, the researcher found two

casesofforcedlaborinShanxi’sbrickindustry:theXiaoliu case of 2001 and the Liu Daiping

case of 2002. These cases implied that forced labor might have been a problem of significant

incidence in the Shanxi brick kilns during this period.

The Case of Xiao Liu58

Afterserialreportsof“Ayouthcheatedinto working far from home lost his feet because of

cold,”thecasewasnotonlyfollowedbyreaders’concerns,butprovidedachanceforseveral

victims of our province [Shanxi] who were once cheated and went through water and fire in

the illegal brick kilns of Shanxi, to reveal the inside stories of labor abuses in illegal brick kilns

in Yongji, Shanxi Province.

One such young man, Xiao Liu ofXi’anCity,ShanxiProvince,is21yearsoldthisyear.In

April 2001 he was deceived by two strangers from Henan Province from the labor market in

Wenyi Street to work at a brick kiln in Yongji County, Shanxi. Because Liu was young and

weak, he only worked there for three days, and then cleverly escaped and finally returned

home.

56 We tried to ascertain the exact number of mentally disabled workers in the brick kiln, but our efforts were interrupted several

times by the foreman, who was closely supervising these mentally disabled workers. He prevented us from having individual

talks with the mentally disabled workers; seven to eight is the number we estimated from site observations and interviews with

other workers.

57 One is Chinese Media 4 and the other is Overseas NGO 4.

58 Excerpt of an unofficial translation of Yuanhua, S. (2003, March 15). Workers working tied by wires—an inside story of

illegal brick kilns revealed by the youth losing feet. Huashang News, p. C9. Retrieved from

http://www.tianya.cn/publicforum/content/ free/1/934585.shtml
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and Forced Child Labor in China

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Liu told the reporter that when workers labored in the illegal brick kilns, five or six hired thugs

oversaw them, and that they were even overseen when they slept at night. The boss and

hired thugs were all from Henan Province. The man deceiving Liu was there as an overseer.

The overseers frequently went out and could get 20 to 30 Yuan for bringing back a worker.

Liu learned from the old workers that the brick production period normally lasted from March

to September, and some old and weak workers were often abandoned at Yongji train station.

The second day Liu came to the brick kiln, two young boys from Xianan City attempted to run

away, but were caught and beaten brutally by the overseers. The workers in the brick kiln

included people from Sichuan, Shanxi, and Shandong; some of them were mentally disabled.

All the workers there wanted to run away, but it was nearly impossible. Life in the brick kiln

was isolated from the outside world. Everyone was on alert and afraid to speak the truth to

others. Thinking of hisexperiencetwoyearsago,Liuwasstillfulloffear:“WhenIrecallthe

life there, I feel that it is so dangerous. If I had been killed in the brick kiln, no one would

know.”

The Case of Liu Daiping59

Liu Daiping (38) is from Luohe, Henan Province, and once was deceived to work in an illegal

brick kiln in Shanxi for nearly three months. February 3, 2002, Liu Daiping went to the labor

marketonWenyiStreetinXi’anCityasajobhunter.Beingluredbythewageofferedof600

Yuan per month and free room and board, Liu Daiping was deceived by several men from

Henan Province to get on the bus to Shanxi. In the brick kiln of Puzhou Town in Yongji,

Shanxi, over 30 migrant workers were there, having also been deceived into working there;

they had to work both days and nights, and suffered abuse under the constant threat of four

thugs and two big dogs.

One month later, a boy from Xianyang, Shaanxi Province went strangely missing after he fell

ill. When Liu Daiping asked the employer about the boy, he was beaten brutally by the thugs.

In late May 2002, Liu Daiping asked the employer for his wages and wanted to leave. At

about 10:00 p.m. one night, workers were awoken by the employer and thugs scolding

someone. Xi Chunling asked who wanted to get the payment, and Liu Daiping answered

“yes.”Hehadhardlyfinishedthewordwhenfourthugswalkeduptohim.They stuffed his

mouth with socks, covered his head with the bedclothes, and beat him with bricks and sticks.

One thug seized his left hand and cut it deeply with a knife.

Liu Daiping did not recover consciousness until the afternoon of the second day. He was

carried by two thugs toward the Yellow River. Liu Daiping asked what they were doing; they

justrepliedcoldly,“Yousaidtoomuch.”OntheirwaytotheYellowRiver,itrainedheavily.

The thugs became busy, going back to call migrant workers to cover the unfired bricks with

plasticsheets,sotheyleftLiuDaipingbehind.LiuDaipingsighed,“Ifitwerenotfortherain,I

mustsurelyhavebeenthrownintotheYellowRiver.”LiuDaipingfinallyreturnedtoXi’anCity

at the end of May. He lay in bed for over two months and spat blood now and then for one

and a half months.

The notorious brickyard slavery scandal of 2007 reminded the public that the problem of forced

labor was still not curbed but had in fact deteriorated, because the reported number of victims of

forced labor turned to be significantly larger than ever before. Since the scandal came to light in

59 Excerpt of an unofficial translation of Yuanhua, S., & Jie, T. (2003, March 17). Migrant worker escapes from illegal brick kiln

at the risk of life: Almost thrown into the Yellow River. Huashang News, p. C2. Retrieved from

http://www.hsw.cn/gb/default/2003-03/17/content_94215.htm
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and Forced Child Labor in China

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June 2007, a total of 1,340 people, 367 of whom were mentally disabled, had been rescued from

forced labor by August 13, 2007, according to the joint investigative group of Chinese

governmental agencies.60

To assess the current situation of forced labor in the brick sector of Shanxi, in late October 2008

the researcher conducted field studies of 10 brick kilns located in the cities of Jincheng and

Yuncheng, and interviewed three mentally disabled adults who were forced to work at one of the

11 brickyards. Unlike the victims in the brick kilns slavery scandal of 2007 who were found to

have been trafficked, beaten, and left unpaid, the mentally disabled workers we interviewed at

the brickyard had not been kidnapped or lured away with false promises by a slavery ring, nor

had they been beaten. They would be categorized as victims of forced labor defined by ILO

Convention 29. The Convention states in Article2,subparagraph1,that“theterm forcedor

compulsory labor shall mean all work or service which is exacted from any person under the

menaceofanypenaltyandforwhichthesaidpersonhasnotofferedhimselfvoluntarily.”Inthe

following, using evidence collected from interviews with the three mentally disabled workers,

the foremen supervising them, other regular workers, as well as the kiln owner, it is analyzed in

detail how these mentally disabled people were forced to work under the menace of penalty and

in what forms they worked involuntarily.

Elements of Menace of Penalty Yes/No

Physical violence against worker or family or close associates No

Imprisonment or other physical confinement Yes

Sexual violence No

(Threat of) supernatural retaliation No

Financial penalties No

Denunciation to authorities and deportation No

Dismissal from current employment No

Exclusion from future employment No

Exclusion from community and social life No

Removal of rights or privileges No

Deprivation of food, shelter, or other necessities No

Shift to even worse working conditions No

Loss of social status No

Number of Yes 1

As shown above, one example of menace of penalty was found in this case. The mentally

disabled workers were not completely physically confined within the brick kiln, in that the

researcher did not see guard dogs or hit men. However, they were not allowed to chat with other

60 More than 1,000 rescued from forced labour in China. (2007, August 13). Xinhua News Agency. Retrieved from

http://news.xinhuanet.com/english/2007-08/13/content_6524290.htm
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and Forced Child Labor in China

~Page 29~

laborers working in the kiln, and they were also denied the freedom to go out after work. A

dialogue between a researcher and the foreman explained how and why these mentally disabled

workers were always confined in their dorms at night after work:

Researcher: Can they go out after work? Do you take them out after they

finish work?

Foreman: Generallytheydon’tgooutat night. There are apple orchards

out there. They all want to pick the apples. Letting them do this

isgoingtocausetrouble,isn’tit?

Research: Then what do they do in the dorms?

Foreman: They watch TV, then VCDs until 9:00 p.m.

These mentally disabled workers were also routinely denied the right to take leave when they got

sick, as the foreman told us:

Researcher: Do they usually ask for leave?

Foreman: Generallytheydon’tgetsick.Ifsomebodycatchesacold,we

buy him some medicine. People come here to earn money, not

to see a doctor. If you feel tired, you can work less.

Elements of Involuntary Nature of Work Yes/No

Birth/descent into slave or bonded status No

Physical abduction or kidnapping No

Sale of person into the ownership of another No

Physical confinement in the work location Yes

Psychological compulsion No

Induced indebtedness No

Deception or false promises about types and terms of work No

Withholding and nonpayment of wages Yes

Retention of identity documents or other valuable personal possessions No

Number of Yes 2

As shown above, two examples of involuntary nature of work were found in this case. As

discussed above, these mentally disabled workers were physically confined in the kilns, at

workplaces or dorms. The mentally disabledworkers’wagesweresetat800Yuan per month,

6,400 Yuan per year (working eight months per year); however, the wages were not paid to the

workers but rather to the foreman who brought these workers out from their home villages. Also,

theworkers’wages were not paid monthly but at the end of every October when they went back
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

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to their home villages. In other words, the mentally disabled workers themselves did not receive

any cash payment from the kiln owner, who explained in detail the deal between the foreman and

the relatives of these mentally disabled workers.

All these workers brought out by the foreman are orphans living with their

elder brothers and sisters-in-law in their home villages. Can their elder brothers

raise them all their lives? Their relativesdon’twanttoraisethem andhope

theywon’tcomeback.So,theforemanpersuadedtheirrelativestolethim

bringthemouttowork.Theworkers’wagesaresetat6,000Yuan per year,

and the foreman pays 3,000 Yuan totheworkers’relativesinadvance. The

foreman takes the leftover 3,000 Yuan and provides meals for workers.

The kiln owner was interested in using these mentally disabled workers because they were 50%

cheaper than using normal workers. Although all workers were required to work 12 hours per

day, 7 days per week, we found there was a sharp wage difference between mentally disabled

workers and regular workers. Mentally disabled workers earned a mere 750 Yuan per month,

while the monthly wages of normal workers routinely ranged from 1,500 to 2,100 Yuan per

month.

With regard to employment conditions, these mentally disabled workers were forced to work

excessive overtime hours without being compensated at the legal overtime rate, and were not

inscribed in the mandatory national social security schemes. According to the Chinese legislative

system—their Labor Law, Provisions on Minimum Wages, and Labor Contract Law—all these

employmentpracticeshaveviolatedemployees’legalrightsformonthlypayment,working

hours, and social security benefits.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

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3.1.1.2. Child Labor

After reviewing secondary data for 2003–2008 collected for this report, the researcher found a

reported case of child labor in a brick kiln located in Qinghai Province in 2004 and more cases in

2007 brickyard scandal in Shanxi Province.

The Case of Child Labor in Qinghai61

In June 2004, the Labor Supervision Department of Haidong Region in Qinghai Province

investigated the Yatou Village brick kiln of Weiyuan Town, Tu autonomous county. This was

where Gan Hailin, a victim of child labor, was hired illegally and became injured.

March 14, 2004, the production line manager of the brick kiln factory recruited and brought

Gan Hailin (male, Han nationality, born on November 11, 1989, primary education) from his

home village in Sichuan Province to the brickyard.

Although the brickyard is licensed, the employers did not check and verify the age of Gan

Hailin and, beginning March 17, had him clean certain areas of the kiln and do other physical

work. One month later, on April 19 when the brick kiln formally started producing, Gan Hailin

was given the task of coding brick shelves and cleaning brick-making machines, both of which

demanded heavy physical labor.

On the morning of May 5, his left arm was mangled by the machine while working, and was

diagnosed with a left elbow injury. On July 16, according to the Labor Identification

Commission of Haidong Region, he was identified as having a fifth-class disability.

Three years after this event, the brickyard slavery scandal of 2007 would disclose many more

seriousproblemsinusingchildlaborersinShanxi’sbricksector.Accordingtotheestimateofa

journalistofHenanTelevision’sMetropolitanChannel,therewereover1,000childrenworking

in Shanxi brick kilns in 2007. The journalist described what he saw during the investigations in

Shanxi brickyards in 2007:62

The interview that astonishes me most is the one about child laborers in illegal

brick kilns of Wanrong County in Shanxi. The children are from 8 years old to

13, who should have been studying in the classrooms of primary schools; they

should not be doing the labor that even adults would not like to do. As far as

we know, there are at least 1,000 children working in Shanxi illegal kilns. Most

of the children were kidnapped and sold to the illegal kilns to do the manual

work, and some followed the contractors to earn a living because of poverty.

No matter whether they are forced to work or driven by poverty, I am

heartbroken and I feel great sorrow because I cannot save them.

61 Excerpt of an unofficial translation of Xiong, Z. (2004). Reflections on the case of disabled child labor, Gan Hailin. Human

Rights, Vol. 6. Retrieved from http://www.humanrights.cn/china/newzt/magezine/200312005415162501.htm

62 Luo, B. (2007, June 13). Over 1000 children were sold to work in illegal brick kilns in Shangxi and 400 fathers losing children

cried for help on website. Xinkuai News. Retrieved from http://society.people.com.cn/GB/8217/5857901.html
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3.1.1.3. Forced Child Labor

Forced child labor in brickyards located in Shanxi Province has become a problem that

increasingly concerns the public since 2003, when the case of Zhang Xubo was uncovered by

Chinese journalists.

The Case of Zhang Xubo63

On September 21, 2002, Zhang Xubo (16)

from Niujiao Village of Doumen Town in

Shaanxi Province was deceived into working

in a brick kiln in Kaolao Town of Yongji,

Shanxi Province. When he arrived at the brick

kiln, it was dark, but he was still forced to work

for a whole night regardless of his tiredness.

Afterward, Zhang Xubo tried several times to

leave because the heavy labor was beyond

his endurance, but he was refused time after

time.What’sworse,hewasbeatencruellyfor

those times by the overseers.

Zhang Xubo, suing the employer, was in

court, April 7, 2004.

After Zhang Xubo could not work any longer because of the gall64 of his feet, the boss was

cruel enough to take the boy by motorcycle and discard him in the wilds. At that time, Zhang

Xubo did not have even a single penny on him, and was not able to walk. Fortunately, he was

found by a warm-heartedpersonandwasthenbroughtbacktoXi’anbyhisrelatives.

However, his feet had by that point become totally rotten.

InMarch2003,ZhangXubo’smothercametotheoffice of Huanshang News, bringing two

severed black feet and hoping to win public attention through news reports. Meanwhile, the

situationofZhangXubowasgettingworseandworse.ThebreakingpointofZhangXubo’s

feetwasdiagnosedasthefollowing:“the stumps suppurate, the bone is exposed, the wound

stinks,andskinof5×5cm inthehiphasbeenlostasdeepasthesacrum...”Thehospital

offered amputation of shanks and large-area cleaning operations of the back. After three

months of treatments, Zhang Xubo had almost recovered.

On July 27, 2003, Prime Minister Wen Jiabao instructed the department of public security to

deal with the case of Zhang Xubo. Then, Minister of the Ministry of Public Security Zhou

Yongkang and the secretaries and provincial governors of Shanxi and Shaanxi also gave

instructions regarding the case. Very soon, Shanxi police enhanced the sweep of illegal brick

kilns.

Although the case of Zhang Xubo resulted in a government-initiated crackdown of illegal brick

kilns in Shanxi, the problem was not eliminated. As illustrated vividly by an appeal letter

published by 400 fathers searching for their missing children in brick kilns, the problem of

forced child labor still existed significantly in Shanxi brickyards in 2007.

63 Excerpt of an unofficial translation: Young boy from Chanan losing two feet sues the employer for committing the crime of

intentionally injuring. (2007, June 1). Huashang News. Retrieved from

http://news.163.com/07/0613/13/3GSE0R2O0001124J.html

64 Gall here refers to a skin sore, often an open sore, caused by friction, chafing, or abrasion.
Summary Report: Child Labor, Forced Labor,

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Appeal Letter Written by 400 Fathers Searching for Missing Children65

We are the fathers of children who have been cheated into working as drudges in illegal kilns

of Shanxi. Our children are so young and inexperienced that they were deceived or pulled into

cars by force at train stations, bus stops, overpasses, and even on streets in Zhengzhou, and

were sold to illegal kilns in Shanxi at the price of 500 Yuan per child.

We have stolen into Shanxi several times, risking our lives, and have even acted as laborers,

until we finally learned that Linfen and Yongji in Shanxi Province are places where illegal kilns

centralize. Although we had imagined the dangerous situations the children were in, after we

went through fences and got deep into the mountain, we were still astonished by the scenes

when we saw the unfortunate children.

Among the children using their hands and feet, their hair long, some have been isolated from

the outside world for seven years; some were beaten into disability for trying to run away.

What’sworse,some were even branded on the back by overseers using hot burning bricks

(theydon’trecover,evenafterreceivingtreatmentsinthehospitalformonths).Theyhadto

work for over 14 hours without any meals. Sometimes, if they were a little slow because of

tiredness, they would be beaten by overseers with bricks till their heads broke and bled, which

were dealt with a piece of broken cloth, and they would have to work as usual. Being beaten

up is a daily routine for the workers, but even when some children were hurt badly, they would

not get any treatment but were left to heal by themselves; and if they were unlucky and the

disease or injury became worse, the foremen and bosses, lacking of conscience, would bury

the dying laborers. The children all had furfures66 like psoriasis for not taking baths for a long

time. The youngest were only eight years old, and they had to do the unbearable labor for

food. Their personal liberty was restricted, and the overseers and thugs stood watch the

whole day.

We can only makeeveryefforttorescuethechildrenofourHe’nanProvince,butcando

nothing to help the children from Hubei and Sichuan, which makes us feel guilty. With multiple

missions and coordination, we expended all our energies and saved over 40 deceived

childrenandsentthem backtotheirfamilies... Sofar,thereareover1,000childlaborers

amongtheforcedlaborersintheillegalkilnsofShanxi,ofwhomover400arefromHe’nan.If

we do not put a stop to this crime, there will still be children missing everyday, which will

seriouslyaffectsocialstability...

When the slavery scandal ignited growing public anger and accusations, governments launched

crackdowns on illegal brick kilns. However, some parents felt more hopeless of finding and

getting back their missing children after the crackdown. For instance, when the case of illegal

kilns in Hongdong County, Shanxi was tried in court on July 4, 2007, 38-year-old Chai Wei from

Zhengzhou City was still seeking for his son who was lost in Zhengzhou on April 2, 2007. His

son was a 17-year-old deaf and mute boy who was mentally retarded, with handicaps in his

hands. There was sound evidence proving that he had been kidnapped and sold to the illegal kiln.

Chai Wei told the reporters of Caijing Magazine the following with great anxiety:67

65 Excerpt of an unofficial translation: 400 fathers cried for help: Please save our children. (2007, June 6). Dahe Website.

Retrieved from http://news.163.com/07/0607/06/3GC6O3OG0001124J.html

66 Furfures relates to dry, scaly skin; flake-likeparticlesontheskin’ssurface.

67 Hongqing, D., & Heyan, W. (2007, July 9). Cases of illegal brick kilns: The powerfulness and powerlessness of the public

voice. Caijing Magazine, Vol. 189.
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Attracting the attention of the media and urging the government to severely

fight against illegal kilns are what we dreamed of; however, after the

crackdown on illegal kilns, many fathers and mothers having missing children

have begun to feel that the hope of finding their child again has grown extinct.

At least, we could go to the brick factories to find our children in the past. But

now, there are fewer and fewer reports in the media and many brick factories

have been closed. So, where should we go?

In conclusion, determination of CL, FCL, and FL in the brick industry in China is based on two

relevant site visits, two interviews with Type 1 informants, and a review of 15 relevant articles

and reports, published from 2004 to 2008. Many of the articles cite secondary source information

abouttheslaveryscandalinChina’sHenanandShanxiprovincesin2007.However,someofthe

articlesincludeprimaryinterviewswithvictimsandvictims’families,aswellasfirsthand

evidence of abuses outside of the 2007 events. The data indicate a demonstrated pattern of

abuses in the brick sector across multiple kilns in multiple locations, including Henan and Shanxi

provinces, but also near the city of Beijing, and in the Hunan, Qinghai, and Hebei provinces.

With regard to child labor, evidence from a Type 1 interview and media reports provided

evidence of this practice. The researcher conducted a Type 1 interview with another investigative

journalist who reported witnessing 30 children under age 16 working at a brick kiln in Shanxi,

and another three to five mentally handicapped children working at another brick kiln in an

unknown location. Of the 15 articles and reports, nine corroborated the brick kiln scandal of

2007 through secondary sources, all of which indicated child labor. Three other articles provided

evidence of child labor in multiple brick kiln sites in the Shanxi, Qinghai, and Shandong

provinces. In addition, a report by a nongovernmental organization (NGO) detailed child labor

practices after the brick kiln scandal, stating that children under age 16 continue to work in brick

kilns, but now do so under contracts and within humane conditions. This indicates an

institutionalization of the practice of child labor. The researcher did not encounter any clear

evidence of child labor in the brick kilns visited.

With regard to forced child labor, of the 15 articles and reports, nine corroborated the brick kiln

scandal of 2007 through secondary sources, all of which indicated forced child labor through

menace of penalty and coercion of children (physical abuse), and involuntary nature of work

(slave-likeconditionsandphysicalconfinement).Theresearcher’sinterviewsandsitevisitsdid

not reveal any conditions of forced child labor.

With regard to forced labor, evidence from a site visit, an interview, and news articles indicated

the presence of this practice. During one site visit, the researcher personally observed seven to

eight mentally disabled adults, three of whom she spoke to, at a brick kiln in Shanxi Province.

These adult laborers were not allowed to leave the work site, and were physically confined,

which indicates involuntary nature of work. The employers also withheld wages from these

laborers, which constitutes menace of penalty. The researcher also conducted a Type 1 interview

with an investigative journalist, who reported observing mentally handicapped adults, who were

victims of trafficking, at a brick kiln in Hunan Province. Nine of the 15 articles and reports

corroborated the brick kiln scandal of 2007 through secondary sources, which indicated forced

labor through menace of penalty (physical abuse) and involuntary nature of work (physical
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

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confinement). In addition to this evidence, two other articles provided evidence of forced labor in

brick kilns in the city of Beijing and in Hebei Province. The employers in these cases were

brought to court in these cases, one of which ended in convictions of five employers.

In summary, based on two relevant site visits, two Type 1 interviews, and a review of 15 articles

and reports, there is sufficient data to support a conclusion of significant evidence of CL, FCL,

andFLinthebricksectorinChina,basedonUSDOL’sdefinitionofsignificance.Withregardto

forced labor, the data indicate a demonstrated pattern of abuses in the brick sector across

multiple factories in Shanxi, Hunan, and Hebei provinces, and outside of the city of Beijing.

With regard to child labor, the data indicate a demonstrated pattern of abuses in Shanxi, Henan,

Qinghai, and Shandong provinces. With regard to forced child labor, the data indicate a pattern

of abuses in Shanxi and Henan provinces in 2007 during the brick kiln scandal.

3.1.2. Coal

Chinaistheworld’slargestconsumerandproducerofcoal.Assuch,coal is the lifeblood of

China’sboomingeconomy,makingup69%ofthecountry’stotalprimaryenergyconsumption

and fueling its dramatic growth. There are an estimated 21,000 coal mines in China, including

large State-owned ones and countless small town and village mines.68 In recent years, China has

been officially striving to restrain the rapid growth of its coal consumption by shutting down

small and unlicensed coal pits, mainly because of concern for its coal reserves. The aim of

officially designed industrial transformation is to consolidate the coal-mining industry into five

or six giant State-controlled companies, and close all the small coal mines by 2015. However, its

efforts so far have been weak and ineffective. Even when it shuts down an illegal coal mine, the

mine is often reopened later by local businessmen who do not want to lose the revenue.69 Most

workers are peasants from the countryside, a source of labor that appeared in the 1990s as

mobility restrictions eased. More than half of the 5.5 million miners are migrant laborers, who

work cheaply and are often poorly trained.70

Duringthepastdecade,illegallaborpracticesinChina’scoalindustry,especiallyinunlicensed

small-sized coal pits, have increasingly come under media scrutiny. It was reported that in the

coal-rich mountainous regions of the southwestern Guizhou Province, many coal mines were

operating illegally; here, miners did back-breaking work underground for meager wages, without

any protection from industrial accidents, which occur frequently. School-age children were also

found to be among them.71 In April 2007, the death of a 15-year-old boy working at a

subcontracted coal mine located in Pucheng County of Shaanxi Province reflected vividly the

persistence of child labor in the coal industry.72

68 York, G. (2007, February 3). A canary in the Chinese coal mine. Globe and Mail (Canada), p. A18.

69 Ibid.

70 MacLeod, C. (2008, January 31). Chinese official rallies for better workplace safety. USA Today, p. 8A.

71 Anonymous. (2006).Pain for survival: illegal coal mine in Guizhou province. Retrieved from

http://diyidiaosu.bokee.com/5077434.html

72 Anonymous. (2007, June 22).The unknown story of the death of a 15 year old child. Retrieved from http://bbs.hsw.cn/

viewthread.php?tid=230542&frameon=no
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To explore the current situation of labor practices in the coal mining sector, the researcher

revisited the cities of Jincheng and Yuncheng, Shanxi Province in late October 2008.73 The

researcher investigated six coal mines and interviewed 14 informants (one victim of child labor,

nine adult employees, three employers/managers, and one community member). Based on

interviews with these 14 informants, the researcher found that out of the six coal mines visited,

one mine (situated in Jincheng City, Shanxi Province) was found to have hired a boy of 16 as a

miner. This research did not detect problems of forced labor or forced child labor in any of the

coal mines visited.

Besides interviews with 14 Type 2 informants, for the purpose of this project the researcher also

interviewed one Type 1 informant74 and reviewed secondary data (eight news reports and

academic articles published from 2006–2008) to achieve a historically sensitive assessment of

the situation of CL, FL, and FCL in the coal mining sector. Of these site visits, interviews, and

articles, there was one site visit, nine interviews, and eight articles found to be relevant in the

determination of incidence of CL, FL, and FCL in the coal industry.

3.1.2.1. Child Labor

Formanyyears,China’scoal mining industry has been criticized by journalists for using child

laborers. In 2006, a Chinese journalist reported on a case of child labor when Liu Feng, a 15-

year-old boy who was recruited to a coal mine in Xiangning County, Shanxi Province in October

2000, was gravely injured in an industry accident after working there for six months.75

The Case of Liu Feng76

In October 2000, when he was 15 years old, Liu Feng was

recruited as a miner by Podigou Coal Mine in Xiangning

County, Shanxi Province. Initially,theboy’staskwasto

operate a transit-belt down the pit, but later he was sent to

drive the winch.

On May 26, 2001, before having a rest after a night shift, he

was required to fill the wincher with lubricant, something

which should have been done by a qualified technician.

Working without safety equipment and under great fatigue,

theboyeventuallyhadhisarmscrushedbythewinch’s

gears and was permanently handicapped.

After the accident

73 These two cities are major coal mining areas in the southern region of Shanxi Province.

74 This is the interview with Overseas NGO 6.

75 Li, L. (2006). Disabled street child labor. Government Legality, Vol. 6.

76 Excerpt of an unofficial translation of Li, Ling. (2006). Disabled street child labor. Government Legality, Vol. 6.
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The incident left Liu Feng without both arms and right shoulder. Immediately after the

accident, which is said to be the best time for treatment, Podigou Coal Mine refused to pay

him medical expenses, which led to facial disfigurement, facial nerve spasms, irritable skin,

aggravated nervous system diseases, and other pains. For six years, in order to help cure

theirsonandseekjustice,LiuFeng’sparentsspenttheirentirelifesavings.Withoutthe ability

to pay for basic living expenses, Liu Feng had no choice last year but to beg in the busy

streets during the temple fair of Pu County on National Day, accompanied by his parents.

Makingtheproblemofchildlabormoreworrisome,China’scoalminingsectorhaslongbeen

listed as one of the deadliest workplaces in the world. Reported coal mining deaths in major

industrial accidents during 2004 to 2008 are listed below.

Date Toll

October 20, 2004 147 killed by a gas explosion at Daping mine, Henan.

November 11, 2004 33 killed in a gas blast in Lushan, Henan.

November 28, 2004 166 killed in a gas explosion at Tongchuan, Shaanxi.

December 12, 2004 36 drowned in mine flood at Sinan, Guizhou.

February 14, 2005 215 miners killed by a gas blast at Sunjiawan mine, Liaoning.

March 22, 2005 69 miners killed in a gas blast at Xishui mine, Shanxi.

July 11, 2005 83 miners killed by gas blast at Shenlong mine, Xinjiang.

November 27, 2005 134 killed and 15 missing after a colliery explosion at Dongfeng mine,

Heilongjiang.

May 18, 2006 56 miners drowned in mine flood at Zuoyun mine, Shanxi.

October 28, 2006 14 killed by a gas blast at coal mine, Miquan, Xinjiang.

November 12, 2006 25 killed by a blast at Nanshan mine, Shanxi.

November 5, 2006, 47 killed by a gas blast at Jiaojiazhai mine, Shanxi.

November 6, 2006 15 killed and 1 missing in a gas blast at Taiping mine, Shanxi.

August 17, 2007 172 miners drowned in mine flood at Huayuan mine, Shandong.

December 5, 2007 105 killed by gas blast at Ruizhiyuan mine, Shanxi.

January 20, 2008 20 killed by gas blast at an unlicensed coal mine, Linfen, Shanxi.

September 4, 2008 24 killed and 6 injured in a gas explosion at a coal mine, Liaoning.

October 30, 2008 23 killed and 6 missing in a gas blast at Raotou mine, Shaanxi.

November 30, 2008 15 miners and 3 rescuers killed at Changlong mine, Helongjiang.

Note: Data are combined from multiple sources.77

77 McDonald, H. (2005, February 19). The depths of despair in China's deadly mines. The Age (Melbourne, Australia), p. 6.

Retrieved from http://news.sina.com.cn/z/sdxintaimine/index.shtml. See also, 134 miners confirmed dead in explosion. (2005,

November 29). China Daily. Retrieved from http://english.peopledaily.com.cn/200511/29/eng20051129_224355.html. See also,

Feng, G., & Junwei, T. (2007, December 9). Hongdong incident is the deadliest one since 2006. Xinhua News Agency. See also,

24 killed in Chinese coal mine blast. (2008, September 5). The Irish Times, p. 10. Retrieved from http://news.sina.com.cn/c/2006-

11-13/160611501776.shtml; www.coal.com.cn/CoalNews/ArticleDisplay_132956.html; www.tianshannet.com/special/node

_18860.htm; http://news.xinhuanet.com/fortune/2007-02/09/content_5720627.htm; http://news.sina.com.cn/c/2007-09-
Summary Report: Child Labor, Forced Labor,

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According to Chinese official statistics, 4,794 coal miners died in 2006 in work-related

accidents, more than 13 each day, on average, though many believe that the official figures

underestimate the real toll.78 Although in 2007 mining fatalities fell 20% to 3,786, according to

officialrecords,“thedeathtoll is still too high, and the occurrence of major accidents has not

beeneffectivelycurbed,”saidLiYizhong,theMinisterofStateAdministrationofWork

Safety.79 Small,privateminesarethemostdangerous,producingaquarterofChina’scoaland

two-thirds of its mining accidents, Li said.80 As the case of Liu Feng reflected, child miners

under age 16 are also victims in these frequently-occurring mine accidents.

To assess the current situation of child labor in the coal mining sector of Shanxi Province, the

researcher conducted field studies in late October 2008 to six coal mines located in Jincheng and

Yuncheng cities. There, the researcher interviewed Xiaochao, a child laborer working at one of

the six coal mines, as well as 13 other informants.

Xiaochao, the only child laborer interviewed, said he was born in 1992 to a poor rural family of

Shanxi Province. Xiaochao decided to leave home to work in early September 2008, when one of

his fellow-villagers (Laoxiang—a friend or acquaintance), who was a foreman in the coal mine,

promised to introduce him to a job. The way Xiaochao found his job is not unique. On the

contrary; seeking jobs through interpersonal networks with relatives, fellow-villagers, or friends

rather than formal, regulated recruitment channels is quite common in coal mines and all other

workplaces where rural migrants are the backbone of the labor force. However, overdependence

on informal interpersonal ties for job seeking also puts rural migrants more at risk of illegal labor

practices. Max Tuñón insightfully analyzed the issue in a report written for the ILO Beijing

Office in 2006:81

Public services do not play a relevant role for rural migrants in their search for

external employment. Instead, the composition of the workforce is largely

influenced by chain migration and social networks: about 95% of rural migrant

workers found jobs through friends or by themselves, less than 1% found jobs

with government assistance, and only 2% found jobs through employment

departments or public recruitment agencies. This not only restricts movement

into the formal economy and curbs opportunities for social mobility, but the

shortageof“regular”migrationchannels also greatly increases the risk of

trafficking and exploitation.

According to a subcontractor employing dozens of miners at the coal mine, because of the

informal recruitment pattern, Xiaochao was not the only underage worker at the mine. From the

dialogue between the researcher and the subcontractor, it is apparent that children under age 18

21/123213943344.shtml; www.hbsafety.cn/article/news/5/200811/53394.shtml. See also, 25 miners were killed in a coal mine

accident in Shanxi province (2006, November 13). Xinhua News Agency. Retrieved from http://news.sina.com.cn/c/2006-11-

13/160611501776.shtml.

78 French, H. W. (2007, July 14). Carving plight of coal miners: He churns China. The New York Times, p. 4.

79 MacLeod, C. (2008, January 31). Chinese official rallies for better workplace safety. USA Today, p. 8A.

80 Ibid.

81 Tuñón, M. (2006, April). Internal labour migration in China: Features and responses. Beijing: International Labour

Organization. Retrieved from http://www.ilo.org/public/english/region/asro/beijing/download/training/lab_migra.pdf
Summary Report: Child Labor, Forced Labor,

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or even age 16 could be employed, if they had direct or indirect interpersonal relationships with

the employer, or they had relatives working at the mine.

Researcher: How old are the workers working in the coal mine, on average?

Subcontractor: Themajorityofthem areover30.Normally,wedon’temploy

people who are age 17 or 18.

Researcher: Why not? 16 years old is enough, according to the law.

Subcontractor: We have some young people working here after graduating

from junior high school. In the coal pits, we need somebody to

drive the coal-loaded lorry outside; but driving the coal lorry on

the narrow road underground requires skill, the driver must

turn the corners very precisely. The younger the drivers, the

bettertheydrive.That’swhyyoungworkersmainlyworkas

lorry-drivers in the mine.

Researcher: You have young men doing this job, right?

Subcontractor: Normally,wedon’tdaretoemployworkerswithoutIDcards or

workers younger than 16 years old unless they are connected

with someone who knows the boss. If the boss adds their name

to the recruitment list, then they can do the job, otherwise

theycan’t.

Researcher: Are there any young men who go along with their uncles to find

a job here?

Subcontractor: Yes. Young workers are assigned easier jobs like watching the

machines—say, the coal transit-belt. That kind of work is easy

and relatively safe and they are paid 60 Yuan per day.

Like all other miners in this coal pit, Xiaochao did not sign a labor contract with the employer.

After the Labor Contract Law was enacted in 2007, the Chinese Government attached more

importance to the signing of labor contracts in all sectors, especially in these less-regulated

industries (including mining, construction, and services) where huge numbers of rural migrants

are used. However, as found in October 2008, few coal mine employers signed labor contracts

with the miners whose legal rights for minimum wages, social security benefits, and safe and

healthy working conditions were still unprotected. Miners interviewed were required to

consistently work at least 8 hours per day, 7 days per week, risking frequently-occurring
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industrial accidents to earn a wage of 2,500 to 4,000 Yuan per month ($367 to $588 USD),

82

which is already the most desirable wage for rural migrants.

Asdiscussedabove,occupationalsafetyandhealthisahugeproblemfacingChina’scoalmining

industry, and the prevalence of migrants in dangerous jobs ensures a high number of workrelated injuries, deaths, and illnesses. The subcontractor of one mine said a serious accident had

occurred before in which a child under age 18 had died.

Years ago, one of my fellow-villagers died in an accident in the mine, and he

was less than 18 years old. He followed a coal-carrier pulling a fully-loaded

handcart out of the well and pushed the cart. When the cart fell back the boy

wascrushedanddied.Themineownerpaid300,000CNY“underthetable”in

compensation for his death.Wecan’treportthiskindofaccidenttothelabor

department, because the boy who died in the accident was too young to be

legally allowed to work in the mines. -Subcontractor

Xiaochao said he finally decided to leave the mine and go back home because he found the coalloaders’worktooheavyforhimand,unfortunately,easierjobssuchasoperatingthetransit-belt

had been given to other people.

Xiaochao’scase indicates that job opportunities in coal mines suitable for children under age 18

are not sufficient, implying the problem of child labor may not be as significant as in the other

labor-intensiveindustriesdemandinglabor.Duringtheresearcher’sinterviewwithChina Labour

Bulletin in December 2008, the informant explained the phenomenon insightfully:

Interviewee: In China, I think the coal mine industry is the one we paid great

attention to these years.

Researcher: Ok, so did you find any cases of child labor in the coal mining

industry?

Interviewee: I think nothing significant. I think there, you got a look at why

the employers want children, right?

Researcher: Yes.

Interviewee: Usually because children are very small and have very quick

fingers, you know, they are good at doing manual and very

detailed works. And also of course, other industries use

children because they are very easy to control and dominate.

But coal, I mean, is very different. It needs big hands. And there

are just millions, hundreds of thousands of mine workers who

are willing to work at coalminesasadults...SoIdidn’tseemuch

82 CNY stands for the Chinese Yuan, the official regional monetary currency.
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of role for children in that industry. It makes sense to the

employers.

Researcher: Yes, because the employers just want the more productive

adult miners.

In conclusion, determination of CL, FCL, and FL in the coal industry in China is based on one

site visit, six interviews, and a review of eight articles, published from 2006 to 2008. The data

indicate incidence of CL, FCL, and FL abuses in the coal sector across Shanxi, Henan, and Hebei

provinces.

With regard to child labor, evidence from the site visit, interviews, and articles provided

evidence for this phenomena in the coal industry. During a site visit to a coal mine in Shanxi

Province, the researcher observed a child under age 16 working. The researcher conducted six

interviews, which yielded relevant evidence regarding child labor practices in the coal sector.

Five of the interviews were held with adult mine workers—including a former child laborer—

and one was with a current child laborer, who all confirmed the presence of child labor at their

work sites. The researcher also interviewed a journalist who has reported on child labor in

multiple sectors, and who suggested that child labor is practiced in the coal industry throughout

Shanxi Province.

All of the eight articles provided uncertain evidence of child labor in the coal sector. In one

reported incident, the Chinese Government raided 8,000 kilns and mines across Shanxi and

Henan provinces in June 2006, to find hundreds of cases of child labor; this incident was

mentioned in four different reviewed articles. However, these articles did not distinguish

between bricks and coal (kilns and mines), so this evidence has been deemed uncertain since the

relevant sector is not clear. Other articles cited evidence of workers as young as age 15 in coal

mines, suffering from severe disabilities and injuries from mining accidents. A synthesis report

on child labor in the coal sector indicated that hundreds of child laborers were working in coal

mines throughout the town of Shahe in Hebei Province. In another article, a social scientist

compared the coal sector to the brick sector, in terms of labor practices, including practices of

child labor.

With regard to forced child labor, all eight reviewed articles also provided evidence of possible

forced child labor. These abuses include withheld pay and uncompensated overtime. As these

child laborers are working in underground coal mining, presumably they experienced hazardous

conditions, nightshifts, and did not attend school; their experiences indicate forced child labor

practices. All eight reviewed articles provided uncertain evidence of forced child labor. During

the Government raid, evidence was found of children being subject to hazardous conditions,

withheld pay, and compulsory overtime. Again, however, there is a lack of clarity as to the

sectors targeted in these raids (brick or coal). The articles which cited evidence of workers as

young as age 15 suffering from severe disabilities and injuries from mining accidents also

indicate hazardous working conditions. The synthesis report on child labor in the coal sector

provided evidence of hundreds of child laborers working in coal mines to be subject to low pay

and overtime of up to 18 hours per day. In another article, a social scientist compared the coal

sector to the brick sector, in terms of labor practices, including practices of forced child labor.
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With regard to forced labor, the researcher interviewed a mine worker in Jincheng County in

Shanxi Province, who indicated practices of forced labor at his work site, which employs

approximately 100 workers. The source said that the workers had experienced characteristics of

involuntary nature of work, such as not receiving up to five months of withheld pay, and having

been deceived with regard to the terms of their employment. Of the eight articles reviewed, four

articles all refer to the same event of Government raids on kilns and mines, but provide uncertain

evidence of forced labor in the coal sector. During this raid, adult laborers in the mines were

found to suffer from deception regarding their working conditions and withheld or unpaid

compensation. However, given the lack of clarity as to which sector the articles were referring to,

this only provides uncertain evidence.

In summary, the site visit, six relevant interviews, and eight relevant news reports provide

considerable data to support a conclusion of significant evidence of child labor in the coal sector

inShanxiandotherprovincesinChina,basedonUSDOL’sdefinitionofsignificance.With

regard to child labor, six interviews, observation during a site visit, and all eight articles

reviewed indicated presence of this phenomenon in Shanxi, Henan, and Hebei provinces. Given

that the eight reviewed articles provide uncertain evidence, this research found isolated incidence

of forced child labor in the coal industry in those provinces as well. One interview and four

articles indicated the presence of forced labor as well in this sector in Shanxi and Henan

provinces, but given the uncertain evidence from the articles, this research did not constitute a

significant finding for forced labor in the coal industry.

3.1.3. Fireworks

Fireworks were originally invented by the Ancient Chinese for entertainment purposes, as a

natural extension of the Chinese invention of gunpowder. At present, China is the largest

manufacturer and exporter of fireworks in the world. China is estimated to have exported over

6 million cases, or 120,000 tons, of fireworks to the United States in 2005.83 Liuyang, a small

city in CentralChina’sHunanProvince,isChina’slargestfireworksproductionbase.Theannual

output of fireworks produced in Liuyang amounts to 500,000 trunks, 60% of which are exported

to more than 100 countries and regions.84

Fireworks production is a major source of revenue in many poor parts of China, but lax safety

standards routinely lead to lethal accidents. Reported deaths and injuries relating to fireworks

production during 2001 to 2008 follow.

83 Wikipedia (2008, November 20) Fireworks. Retrieved from http://en.wikipedia.org/wiki/Fireworks#Creation_in_China

84 Anonymous. (2008). Fireworks in Liuyang. Retrieved from http://www.fireworks-firecrackers.com/
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Date Toll

December 2001 9 workers were killed in a fireworks factory in Wanzai, Jiangxi Province.85

January18, 2003 11 workers were killed by an explosion in a fireworks factory in, Changde City,

Hunan Province.86

December 30, 2003 38 people died and 44 were seriously injured in an explosion in a fireworks

factory in Tielin City, Liaoning Province.87

December 31, 2003 9 workers died and 5 were injured in an unlicensed fireworks factory in Lilin City,

Hunan Province.88

September 12,

2005

A series of blasts ripped through seven workshops in the Jiangnan Fireworks

Plant in Anhua County, Hunan Province, killing 13 and leaving 4 others seriously

injured.89

November 2007 An explosion took place in a fireworks factory in Liuyang, Hunan Province, killing

10 and injuring 2.90

November 28, 2007 11 workers died and 8 were injured by a blast in a fireworks factory located in

Yangquan City, Shanxi Province.91

November 16, 2008 4 people were killed and 2 injured after a blast in a village fireworks plant in

Dianbai County, Maoming City, Guangdong Province.

92

Children under age 16 working in fireworks workshops are often also victims in these

frequently-occurring explosions. For example, on July 10, 2006, an explosion took place in an

illegal firecracker workshop in Yizheng County, Hunan Province, in which seven workers died,

including a 14-year-old girl.93

Inthepastfewyears,explosionsinfireworksplantshavecausedconcernforthenation’swork

safety authorities, prompting a tightening of supervision on fireworks manufacturing. Illegal

production, sale, storage, and transport of fireworks are to be targeted in the planned crackdown,

said Sun Huashan, vice-director of the State Administration of Work Safety in 2005.94 On

January 11, 2006, the State Council issued the Regulation on the Safety Administration of

85 Pai, H.-H. (2004, November 3). The gunpowder plot. The Guardian (London), p. 8.

86Chun-hui, L. (2003, January 30). 25 people died in a fireworks explosion accident. China News Net. Retrieved from

http://www.southcn.com/news/china/zgkx/200301300132.htm

87 Li, Y. and Zhen, L. (2004, January 1). The investigation of Tieling explosion accident. Retrieved from

http://unn.people.com.cn/GB/22220/31177/31178/2276531.html

88 Bing-feng, W. (2004, January 6). 9 people died and 5 injured in an explosion at an illegal fireworks factory in Liling, Hunan

province. Retrieved from http://unn.people.com.cn/GB/14778/21707/2282363.html

89 A series of blasts at crackers factories in Anhua County, Hunan province has killed 13 people. (2005, September 16). Xinhua

News Agency. Retrieved from http://news.xinhuanet.com/newscenter/2005-09/16/content_3497869.htm

90 40 deaths prompt firework safety drive. (2007, November 24). Xinhua News Agency. Retrieved from http://en.invest.china.cn/

english/China/232981.htm

91 Liu, X. (2007, November 29). An explosion at a firework factory in Yangquan, Shanxi killed 11 people. Xinhua News Agency.

Retrieved from http://www.gov.cn/jrzg/2007-11/29/content_819851.htm

92 Four killed, two injured in S China firework plant blast. (2008, November 17). Xinhua News Agency. Retrieved from

http://news.xinhuanet.com/english/2008-11/17/content_10369777.htm

93 Liu, F. (2006, July 27). Who is watering down the blood of women workers and child laborers. South Daily. Retrieved from

http://www.dahe.cn/xwzx/mtbgt/mtbg/hnrb/t20060727_591652.htm

94 Anonymous. (2005, September 20). Beijing, China: Accidents spark firework safety push. Fireworks Town. (2005, September

20). Retrieved from http://www.fireworkstown.com/NewsDtls.asp?Id=1689
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Fireworks and Firecrackers,whichisChina’sfirstnationalregulationonsafetyinthefireworks

industry.95 In the following years, the Chinese Government further strengthened supervision of

fireworks production, urging a standardized design of factories and warehouses, and initiated

tougher crackdowns on illegal workshops. During fieldwork in Shanxi Province, all four

fireworks factories visited were closed by the local government, mainly due to safety concerns.

To examine the current situation of labor practices in fireworks factories, the researcher visited

the cities of Changsha and Liuyang, HunanProvince,themanufacturingbaseofChina’s

fireworks industry, from November 6 to 9, 2008. The researcher investigated seven fireworks

factories and interviewed 21 informants (2 victims of child labor, 10 adult employees,

6 employers/managers, and 3 community members). From October 24 to 28, 2008, while

conducting fieldwork in Shanxi Province, the researcher also investigated four fireworks

factories and interviewed five informants (two adult employees, two employers/managers, and

one community member). In total, the researcher visited 11 fireworks factories and interviewed

26 informants (2 victims of child labor, 12 adult employees, 8 employers/managers, and

4 community members).

Based on interviews with these 26 informants, the researcher found that, out of the 11 fireworks

factories visited, one factory (situated in Liuyang City, Hunan Province) had hired two children,

one a 15-year-old boy and one a 17-year-old girl. The researcher did not discover any problems

with forced labor or forced child labor in any of the fireworks factories visited.

Besides interviews with 26 Type 2 informants, for the purpose of this project, the researcher also

reviewed secondary data (news reports and academic articles) published from 2003–2008 to

achieve a historically sensitive assessment of the situation of CL, FCL, and FL in the fireworks

sector. Of these interviews and articles, four Type 2 interviews, one Type 1 interview,96 and

three articles were found to be relevant in the determination of incidence of CL, FCL, and FL in

the fireworks industry.

3.1.3.1. Child Labor

Although there is no statistical data on incidence of child labor in the fireworks industry,

numerous news reports on frequently-occurring accidents from 2000–2007 have documented the

existence of the problem.

 On December 11, 2000, a serious explosion occurred in an illegal fireworks workshop in

Beipiao City, Liaoning Province, in which a 17-year-old girl was killed and another

worker was badly injured. All 10 female workers hired by the illegal factory were minors,

among them, the oldest, Li Yu, had been killed in the accident and was only 17 years old.

The youngest was only 14 years old.97

95Regulation on the Safety Administration of Fireworks and Firecrackers. (2006). Retrieved from http://www.gov.cn/zwgk/2006-

01/25/content_170906.htm (Chinese); http://www.lawinfochina.com/law/display.asp?id=4924 (English).

96 This is the interview with Overseas NGO 4.

97 Jing, S. (2000, December 26). Checking action in Liaoning focuses on illegal fireworks workshop employing child laborer.

(2000, December 26). Guangzhou Daily. Retrieved from http://gzdaily.dayoo.com/gb/content/2000-12/26/content_49660.htm
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 An explosion broke out in a fireworks workshop in Jiahe County, Binzhou, Hunan

Province on October 19, 2003. One 14-year-old worker was killed, five were badly

injured and another six were covered with cuts and bruises. Nine out of the 12 workers of

this fireworks workshop were all students under age 15.98

 On July 10, 2006, an explosion took place in an illegal firecracker workshop in Yizheng

County, Hunan Province, in which seven workers died, including a 14-year-old girl.99

 A more grievous tragedy happened on October 21, 2007, when several illegal fireworks

factories in Xiushan County, Chongqing City exploded and burned to the ground.

Nineteen people were killed in this series of explosions. Among the victims losing their

lives, 12 were primary and secondary school students who worked in nearby fireworks

workshops on the weekends, and nine student workers were seriously injured in the

accident. Students working in these workshops were under age 16; the youngest was only

8 years old, the oldest, 15. The work these children did was wrapping gunpowder and tin

into tiny balls; a job so dangerous that a single stray act could cause an explosion.

Children were paid 0.01 Yuan for each ball and usually earned 10 Yuan per day.100

To assess the current situation of child labor in the fireworks sector, the researcher conducted

field studies in November 2008 at 11 fireworks factories located in Hunan and Shanxi provinces,

and interviewed two child laborers working at one of the 11 workplaces. Xiaowei, one child

laborer interviewed in depth, was born in 1993 in a small village near Liuyang City, a city with a

long history of making firecrackers and fireworks. All mountainous regions and the majority of

farm land have been rented out to fireworks factory owners, and there were nine fireworks

workshops in the village at the time. Booming development of firework manufacturing has

provided stable employment opportunities for local rural residents, especially for married female

villagers in their 30s, 40s, and 50s who are the backbone of the labor force in these village-based

fireworks workshops, accounting for nearly 70% of the total labor force. Many villagers working

at fireworks factories told us their family income had increased significantly because of these

jobs. At present, an average family could save 20,000 to 30,000 Yuan in cash income per year,

because over 90% of the villagers were working in fireworks workshops, earning 1,500 to 2,500

Yuan per month.

However, Xiaowei’sfamily was not that lucky. His father was a hunchback and his mother was

slightly mentally disabled. Although Xiaowei looked like a normal child, in effect, he was not as

intelligent as his cohorts and could not communicate as easily as his peers. Not surprisingly,

Xiaowei’sfamily was much poorer than others, because both of his parents had difficulties

finding a stable, well paying job. Currently, Xiaowei was the only school-age child working in

the fireworks workshops in this village as a regular worker, though several years ago it was quite

common for school-age children to work as temporary workers during the summer vacation.

98 Xiong, H., Guisheng, H., & Yudong, Y. (2003, October 25). Nine out of 12 workers are children: One killed and 11 injured in

a fireworks explosion accident in Jiahe. China Work Safety News. Retrieved from http://zgaqb.home.sunbo.net/show_hdr.php?

xname=MJJDC01&dname=TEDEAU0&xpos=142

99 Liu, F. (2006, July 27). Who is watering down the blood of women workers and child laborers? South Daily. Retrieved from

http://www.dahe.cn/xwzx/mtbgt/mtbg/hnrb/t20060727_591652.htm

100 Yang, J. (2007, November 30). 12 Child laborers killed in an explosion accident of a fireworks workshop in Chongqingm. The

Beijing News. Retrieved from http://liuhedaquan.cn/jxgd/news/rdxw/userobject1ai754981.html
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One young man in his early 20s told us of his experience as a temporary worker in a local

fireworks workshop years ago.

Young Man: When I was still at school, 17 years old, I did some safer jobs in

a fireworks factory for a month over the summer vacation.

Researcher: How much did you make working temporarily in the summer?

Young Man: Very little back then, 10 or 20 Yuan a day.

Researcher: What did you do?

Young Man: My job was very simple, it was plugging the bottom of the

empty tube with mud.

Inrecentyears,asthelocalvillagers’economicsituationimproved,itbecamelessandless

prevalent for school-age children to work in fireworks workshops, as described by a local

resident who had worked in the fireworks sector for over a decade.

Researcher: I’vereadsomenewsarticlesthatyoungchildrengotoworkin

fireworks factories during school vacations. Does that happen

here too?

Local Resident: No, no. People under 16 are not allowed to work in fireworks

factories.

Researcher: Is there anyone between 16 and 18 working in firework

factories?

Local Resident: In some factories, yes.

Researcher: Are there many children working there?

Local Resident: No, very few, only that one family in this neighborhood. This

generation of children is not interested in the job anymore.

Parents also do not require children to do so. After all, working

in a fireworks factory is more dangerous than other jobs.

Not as fortunate as other children his age, Xiaowei lost the chance to attend junior high school

after he completed primary school age 14. Although Xiaowei said he was willing to continue the

compulsory nine years of education, his father decided to have him stop at the current level due

to the financial difficulties the family was facing.

Xiaowei’sNeighbor: The main problem for him [Xiaowei’sfather]isthathe

has too many expenses. He has parents to look after, and
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he’snotinverygoodhealth,nottomentionhiswife

doesn’thaveajob.

Researcher: I’dalsoliketoaskyouaboutthehigh school fees. Since

highschoolisnow compulsory,theyshouldn’tcharge

tuition fees any more, right?

Xiaowei’sNeighbor: The closest high school is about 10 miles away from the

village, and although the school does not charge tuition

fees, parents still need to pay transport costs, food,

pocket money, etc. Altogether, a student in high school

costs 5,000 to 6,000 Yuan a year.

Xiaowei’sFather: Nowadays, most of the children in this region enroll in

vocational schools after completing their elementary

education.Butmysoncan’tstudylikeotherkids,evenif

I’dlethim attendhighschool.Idon’twantmysonto

work at a fireworks factory; but as you can see, a

fireworks factory is the only place you can find job, and

mysoncan’tdoanythingelse.Also, keeping my son at

home doing nothing would be too much of a luxury, as

we are the poorest family in the village.

Researcher: How much did you spend on building this house (which

looked new and large)?

Xiaowei’sFather: I spent 60,000 Yuan in total in 2004 to build the house.

Researcher: You mean building a beautiful house is still the most

important thing for a village family, regardless of

whether they are poor or rich. Did you borrow money

from friends and relatives, or loan sharks?

Xiaowei’sFather: Friends and relatives.

Researcher: How much is there still to pay off?

Xiaowei’sFather: About 10,000 Yuan.It’shardforustosavemoney,we

need at least 10,000 Yuan to cover the basic living

expenses of the whole family each year.

Xiaowei’smotherhadworked in the fireworks factory located in the village on a part-time basis,

so in the very beginning Xiaowei justworkedthereoccasionallyashismother’sassistant.In
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January 2008, the peak production season for the fireworks sector, when Xiaowei’smother had

to quit the job because of her deteriorating health, Xiaowei was recruited by the fireworks

factory though he had not yet reached age 15. Xiaowei was not the only victim of child labor in

this factory, where another girl, age 17, who came from a nearby village, was found working in

an assembly workshop. As revealed by interviews with the factory owner, the incidence of child

labor is closely related to the problems of accumulated labor shortage encountered by many local

fireworks factories as a result of the trend towards geographic consolidation in the fireworks

industry.

Researcher: Are the workers all local residents?

Factory Owner: There were already six to seven fireworks workshops in

this village when we moved here. Hiring experienced

workers was not easy. Nowadays, there are never

enough workers, and some need to be recruited from

other counties or provinces. Right now, we hire around

100 people in the factory, of which 60 to 70% are not

local residents of this village. To get non-local people

working here, we need to provide transportation

services, meals, or even dormitories. These also increase

costs. So we prefer to use local residents.

Facing the problem of labor shortage and increasing costs for hiring non-local residents,

fireworks factories have more incentives to employ underage children in nearby villages,

especially in the peak production season.

At the time the researcher interviewed him, Xiaowei routinely worked 10 hours a day, 7 days a

week, 11 months per year; similar to all other adult workers. It was normal that employees were

not paid by the month, but rather, occasionally received small amounts of cash for traditional

Chinesefestivals.Thoseneedingmoremoneytocovertheirfamilies’incidentalexpenseshadto

negotiate this with the employer. Typically, all employees were not fully paid until the end of the

Chinese Lunar Year. By the time the researcher interviewed him, Xiaowei had worked in the

factory for nearly 11 months, but he had only been paid a small amount of pocket money.

Researcher: Were you given a salary?

Xiaowei: I’veworkedtherefornearlyayear.They’veonlygiven

me a little until now. The rest will be paid at the end of

the year.

Researcher: How much have you been paid?

Xiaowei: Just twice, 300 Yuan each time.
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Researcher: At the end of the year, are all other workers paid the

same?

Xiaowei: Yes.

Researcher: Do you know how much you earn a month?

Xiaowei: Yes, 30 Yuan a day.

As discussed before, Chinese fireworks workers have frequently been put at risk of deadly

industrial accidents. Fortunately, we found through the onsite investigation of fireworks factories

in Liuyang City that since the enactment of the Regulation on the Safety Administration of

Fireworks and Firecrackers in 2006, the local government of Liuyang City had intensified their

supervision of safety conditions in the production of fireworks. Factories that were found to be in

violation of the rules were made to cease operations until the conditions were rectified. Major

violators could have their licenses revoked, an interviewed fireworks factory owner said. As a

result of stricter enforcement of safety regulations, according to the interviewees, no explosions

or other serious industrial accidents had taken place at fireworks workshops in the nearby areas.

However, no problems were detected relating to occupational safety and health. The researcher

spoke with Xiaowei carefully,101 as his mental faculties are not that of a normally developed

child and he cannot communicate in a regular manner. Xiaowei expressed that he disliked the job

because it was too painful and difficult for him to do such heavy work for excessively long

hours—without sufficient and suitable personal protective equipment.

Researcher: Do you like your job?

Xiaowei: Sometimes I do,sometimesIdon’t.

Researcher: Today, I saw you worked very well, and quickly. Are you feeling

tired after a whole days work?

Xiaowei: Yes, very.

Researcher: Let me see your hands. Look at these hard calluses! Before you

startedworkinghere,youdidn’thave these, did you?

Xiaowei: No.

Researcher: How long did you work before these appeared?

Xiaowei: Two months.

101 It should be noted that for the case of Xiaowei, a child with limited mental capacity, interviewers had to provide more direct

questions than with other interviews.
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Researcher: Only two months. Were there any blisters on your hands at the

very beginning?

Xiaowei: Yes.

Researcher: Did they hurt?

Xiaowei: Yeah.

Researcher: Did they provide you with gloves or any other protective

equipment?

Xiaowei: No.

These workers performed dangerous and unhealthy work-related actions such as mixing,

granulating, filtrating, filling, ramming, pressing, cutting, and moving the gunpowder. Moreover,

they were routinely handling poisonous and dangerous chemicals with their bare hands, being

provided with no basic employee protective equipment, such as masks and gloves. Consequently,

workers in fireworks workshops for years have complained that they suffered from serious skin

and respiratory illnesses. A middle-aged woman working in a chemical-mixing position for over

10 years described in detail the health problems she had:

Researcher: What about the workers like you who may have to touch

the gunpowder? Is it bad for your skin?

Woman Worker: Yes, it is. Our hands are usually very dirty and black

when we’re working anyway.There are thingslike

alcohol, preservatives, and moisture-proofing agents in

it, which are corrosive, I guess. You see, one time my

fingernails completely disappeared, so I had to go to the

hospital.Myhandshavegottenabitbetternow,Ididn’t

have fingernails at all before.

Researcher: Can’tyoujustuseatooltostiritwithinsteadofwith

your hand?

Woman Worker: That would be dangerous because an iron tool may cause

an explosion.

Researcher: You mention the thing that makes you feel dizzy is

mainly the moisture-proofing agent, nothing else?

Woman Worker Idon’tknow.
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In conclusion, determination of CL, FCL, and FL in the fireworks industry in China is based on

four relevant Type 2 interviews and one relevant Type 1 interview out of a total of 26 interviews,

and a review of three articles published from 2003 to 2008. The data indicate a demonstrated

pattern of child labor abuses in the fireworks sector in Hunan, Chongqing, and Liaoning

provinces.However,accordingtoUSDOL’sdefinitionofsignificance,thereisnotsignificant

evidence of forced child labor or forced labor in the fireworks industry.

With regard to child labor, the researcher personally interviewed one adult laborer in a fireworks

factory who expressed knowledge of child labor in the industry, as well as one child laborer, and

two adult laborers who said they were hired as children. These interviews all occurred in a

number of different factories in the Guankou District, Liuyang City, Hunan Province. The

researcher also interviewed an international NGO worker, who asserted that child labor is a

problem in the fireworks industry, citing the 2007 Chongqing explosion in which 12 primary and

secondary students working in fireworks factories lost their lives. Some of these child victims

were as young as age 8. The researcher also reviewed three articles, two of which presented

evidence of separate incidents wherein child laborers in fireworks factories were killed in

explosions. Another report, which consisted of a policy analysis of various sectors that use child

labor in China, identified the fireworks industry as a high-risk sector for child labor practice.

With regard to forced child labor, the researcher gathered some evidence of this practice. The

aforementioned NGO worker asserted that forced child labor practices exist in the fireworks

industry, though the source did not provide any proof. Also, the two news articles which cited

events in which child laborers died in fireworks explosions demonstrated evidence of forced

child labor practices, as the children who were victims in these incidents were not attending

school due to work, were working in highly hazardous conditions (coercion of children), and

were illegally recruited (involuntary nature of work). However, these two articles did not provide

clear evidence of a pattern of forced child labor practices, given that these could have been two

isolated incidents; nor did the articles demonstrate evidence of menace of penalty. Also, the

Type 2 interviews did not offer any corroborating evidence of forced child labor.

In summary, the four relevant Type 2 interviews, one relevant Type 1 interview, and review of

three articles provide considerable data to support a conclusion of significant evidence of child

labor in the fireworks sector in Hunan, Chongqing, and Liaoning provinces in China, based on

USDOL’sdefinitionofsignificance.Theresearcherencountered several sources who knew of

child laborers or were personally victims of child labor, and reviewed several articles which

indicated evidence of child labor practices in this industry. Despite some evidence of forced

child labor practices from two news articles, the data did not demonstrate a pattern of practice in

the fireworks industry. With regard to forced labor, the researcher did not find any evidence of

forced labor practices in the fireworks industry.

3.1.4. Toys

China is the largest producer and exporter of toys in the world, with over 8,000 manufacturing

companies that employ more than 3.5 million workers and produce almost 75% of the toys in

globaltrade.TheUnitedStatesandtheEuropeanUnionarekeymarketsforChina’stoyexports,
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accountingfor47.7% and22.4%,respectively,ofthecountry’stotaltoyexportsin2005.102

China’sshareofthetotalU.S.importsoftoysincreasedfrom41.4%in1992,to86.2%in2006

(see Figure 1).

China’stoyproductionisconcentratedinthecountry’scoastalregions.Morethan95% oftoy

production in 2005 was located in six coastal provinces: Guangdong, Jiangsu, Shanghai,

Zhejiang, Shandong, and Fujian.103 Guangdong Province is the largest toy production base,

accountingfor69.3%ofChina’stoyexports.104

The majority of toy factories in Guangdong are financed by Hong Kong toy manufacturers who

have dominated the world toy manufacturing industry since the 1970s. Exceeding Japan, Hong

Kongbecametheworld’slargestproductionsitefortoysintheearly 1980s. However, drawn by

its cheap labor and land, Hong Kong toy manufacturers began to switch production to

Guangdong’sPearlRiverDeltaRegioninthe1980s.105

102 Pun, N., & Yu, X. (2008). When Wal-Mart and the Chinese dormitory labor regime meet: A study of three toy factories in

China. China Journal of Social Work, 1(2), 110–129.

103 Anonymous. (2006, October 1). Bigger and better: The continued growth of China's toy industry. Playthings. Retrieved from

http://web.ebscohost.com/ehost/selectdb?vid=1&hid=5&sid=51997233-8bec-4f13-b335-dcbb5eb662c6%40sessionmgr4

104 Anonymous. (2006, January 19). Toy exports up 42% in 1st 11 months of 2005. Global News Wire—Asia Africa Intelligence

Wire. [Retrieved from Lexis Nexis].

105 TheToysManufacturer’sAssociationofHongKong.(2001).SurveyofHongKong’stoy industry: Operations, business

environment and future outlook, pp. 1–2. Retrieved from http://forum.yidaba.com/thread-1157077-1-1.html
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Figure1:China’sShareofU.S.TotalToyImports,1992–2006

41. 4 41. 8

53. 6

58. 4 61. 4 62. 1 64. 1 65. 1

69

61. 6

69. 3

82. 4 85 83

86. 2

0

10

20

30

40

50

60

70

80

90

100

1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006

Per c

e

nt a

g

e ( %)

Sources: The International TradeAdministrationoftheU.S.DepartmentofCommerce,“Top25importsourcesforalltoys,games,anddollsSIC3942,3944:CustomsValue;”see

www.ita.doc.gov/td/ocg/imp3942_44.htm; and www.ita.doc.gov/td/ocg/archive/aimp3942_44.htm.
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The competitivenessofChina’stoyindustryisbasedonalowpricestrategymadepossibleby

cheapland,energy,materials,andlaborattheexpenseofworkers’rightsandinterests.During

the 1990s, numerous reports written by journalists and labor rights NGOs have revealed rampant

labor abuses in global toy factories. Most of the accusations concern hazardous or unhealthy

working conditions, forced overtime, child labor, illegally low wages, and coercive labor

discipline.106 Inrecentyears,seriousviolationsofworkers’human rights and legal rights have

become recurrent headlines in mainstream media, just as human rights and labor rights have

become the main theme of NGO reports.107 Among these prevailing labor abuses, child labor and

forced overtime are two frequently reportedproblemsinChina’stoyindustry.

To examine the current situation of labor practices in toy factories, the researcher visited

Dongguan, one of six major cities in the Pearl River Delta of Guangdong Province, from

November 9 to 12, 2008; Dongguan is known for its ubiquitous toy, shoe, and paper-product

factories, filled with migrant laborers. Disney, Mattel, Wal-Mart, Nike, and a slew of other

American companies have made products here. To the more than 200 million Chinese workers

who have left the countryside to find jobs in factories or at construction sites, Dongguan is

known for its two faces: while revered as a place where fortunes can be made, its reputation is

tainted by several high-profile cases in which factories were accused of employing child labor,

cheating workers out of wages, and bullying employees who tried to quit.108

In Dongguan, the researcher investigated six toy factories and interviewed 26 informants

(5 victims of forced child labor, 12 adult employees, 7 employers/managers, and 2 community

members). Based on interviews with these 26 informants, the researcher found that out of the six

toy factories visited, one factory (situated in Dongguan, Guangdong Province) had employed

underage children (age 13–15) and juvenile workers (age 16–17), and that students had worked

temporarily there as work-study students during their summer vacations. Among the children and

juvenile labor force working in the factory (which produces plastic, die-cast, and electric toys

exported to Japan), the researcher interviewed five Zhuang ethnic minority children from

Guangxi Province and found they could be categorized as victims of forced child labor.

Besides interviews with 26 Type 2 informants, for the purpose of this project, the researcher also

interviewed two Type 1 informants109 and reviewed secondary data (news reports, reports written

106FormoredetailedinformationonsweatshopabusesinChinesetoyfactories,seeInsideSanta’ssweatshops:Chinese workers

slave in firetraps to make our toys. (1995, December 17). The Toronto Star. See also, Santa finds a bargain in China: Low-paid

workers make toys by the millions. (1995, December 24). The Washington Post. See also Chinese workers make Christmas toys

for UK at 10p an hour. (1995, December 24). The Independent.Seealso,Furby’sdirtysecret:Chineseworkerstoilindingy

factories to churn out the cuddly toy. (1998, December 11). The Ottawa Citizen. [Retrieved from Lexis Nexis].

107 For details, see The hidden downside of Santa's little helpers. (2002, December 21). The Irish Times. See also, Sweatshop hell

forChina’stoymakersworsethanever.(2002,December24).The Independent. Seealso,Seasonofdiscontent:Santa’sChinese

elves plumb out of goodwill. (2004, December 23). Ottawa Citizen. See also Asia Monitor Resource Centre. (2004). A critical

guide to corporate codes of conduct: Voices from the South. Retrieved from http://www.amrc.org.hk/Critical%20Guide

%20to%20Codeof%20Conduct%20with%20front%20cover.pdf. See also, Hong Kong Christian Industrial Committee. (2000).

McDonald’stoys:Dotheymanufacturefunormoreexploitation?Retrieved from http://www.cic.org.hk/download/McDonald%

20Toys%20(1).doc. See also, Hong Kong Christian Industrial Committee. (2001a). HowHasbro,McDonald’s,Mattel,and

Disney manufacture their toys. Retrieved from http://www.cic.org.hk/download/ CIC%20Toy%20Report%20Web%20eng.pdf.

See also, Hong Kong Christian Industrial Committee. (2001b). BOM!! Beware of Mickey—Disney sweatshops in South China.

Retrieved from http://www.cic.org.hk/download/whole%20report2.doc

108 Cha, A. E. (2008, April 14). New law gives Chinese workers power, gives businesses nightmares. The Washington Post, p.

A01.

109 One is Overseas NGO 5 and the other is Overseas NGO 8.
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by NGOs) published from 2004–2008 to achieve a historically sensitive assessment of the

situationofCL,FCL,andFLinChina’stoysector.Ofthesesitevisits,interviews, and articles,

five site visits (including various Type 2 interviews), four interviews with Type 1 informants,

and a review of 19 articles and reports were found to be relevant in the determination of

incidence of CL, FCL, and FL in the toy industry.

3.1.4.1. Child Labor

During the period from 2004–2007, numerous media and NGOs reports have documented the

problemofhiringchildlaborers(belowChina’slegalworkingageof16)orjuvenilelaborers

(between age 16 and 17) in the toy industry of Guangdong Province.

 On August 22, 2004 a local governmental labor supervision team cracked down on an

unlicensed electronic toy workshop in Huidong County of Guangdong Province. Here,

35 school-age children (age 11 to 16) were assembling toys under substandard working

conditions, being paid only 3.2 to 110 Yuan for 10 days.110

 On July 10, 2007 over 30 underage children (age 15 to 17) from Shaoguan in Guangdong

Province, five of them school students working temporarily over the summer vacation,

were found working in a toy factory in Shipai Town, Dongguan City, Guangdong

Province.111

 In July 2007 the National Labor Committee, a New York-based labor rights NGO,

releasedinareportthat,“SesameStreet’sKidK’NEX‘Ernie’”constructiontoyswere

being made at the Kai Da factory in Shenzhen City, China, by 600 mostly young workers,

including 100 16-year-old high school students and several younger children. The child

workers were seen in the factory in April, which is exactly the time a local newspaper in

China exposed that hundreds, if not thousands of children were trafficked from Sichuan

Province to the south of China, where they worked under slave labor conditions in toy

andotherassemblyplants.”112

During field studies in Dongguan, Guangdong Province in November 2008, the researcher was

told by multiple categories of Type 2 informants that hiring juvenile workers and children under

the legal working age, as well as in-school students who worked temporarily over the summer as

work-study students, had become a routine employment practice at the factory, one of the six toy

factories we investigated for this project. Given that the researcher did not get the chance to

interview any managerial staff at the factory,norhadaccesstothefactory’slaborforcerecords,

this research was unable to obtain accurate statistics on the number of children and juvenile

workers. However, according to interviews with 10 informants at the factory (five victims of

forced child labor, three adult employees, and two community members), the number of children

and juvenile workers may be substantial.

110 Anonymous. (2004, August 23). Huidong County shut down an electronic toy workshop hiring child labor. Retrieved from

http://www.chinatoynet.com/html/list.asp?id=4315

111 Wanli, W. (2007, July 11). Child laborers in a toy factory in Dongguan work 16 hours per day. Retrieved from

http://pic.people.com.cn/GB/1098/5973822.html

112 The National Labor Committee. (2008). Nightmare on Sesame Street: Ernie toy made in Chinese sweatshop. Retrieved from

http://www.nlcnet.org/admin/media/document/China/KNEX_2008/SESAME_WEB_071508.pdf
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Estimation of number of student workers:

Researcher: Do they recruit workers older than 16 or 18?

Adult Employee No.1: Sixteen-year-olds are recruited here.

Researcher: As you just mentioned, this place recruits students

during the summer vacation. Are you sure they are

highschoolstudents?Theycan’tbeolderthan16

years old, right?

Adult Employee No.1: Aslongastheycandothework,thenit’sOK.

Researcher: Do you mean there are junior or senior high school

students?

Adult Employee No.1: There are definitely junior high school students

[below 16], they are so short.

Researcher: Do the students get paid if they work here?

Adult Employee No.1: Yes, they do.

Researcher: They get less than normal workers, I presume?

Adult Employee No.1: I’mnottoosureaboutthat.

Researcher: About how many students have they recruited?

Adult Employee No.1: Maybe 40 or 50. The factory always goes to other

provinces and recruits workers.

Estimation of number of child workers under age 16:

Researcher: A few minutes ago, I talked with the security guard

who mentioned there were workers under age 16

working in this factory; are you aware of this?

Adult Employee No.2: Yes.

Researcher: Are they normal people? I mean, they don’thave

any mental handicaps, do they?

Adult Employee No.2: They are just normal children. And they work

quickly.
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Researcher: Do these children live in the factory?

Adult Employee No.2: Yes.

Researcher: How many?

Adult Employee No.2: About 100 or 200.

Estimation of number of juvenile workers of 16 to 17 years old:

Researcher: How old are you?

Victim of Forced

Child Labor No.1: I’m only a little olderthan these two young

children. I was born in January 1992.

Researcher: How long have you worked here?

Victim of Forced

Child Labor No.1: I’veworkedhereseveralmonths.Icameherein

April.

Researcher: Soit’sthefirsttimeyou’velefthomeforwork.

Victim of Forced

Child Labor No.1: Yes.I’malsofromGuangxi.

Researcher: Are there many other workers your age here?

Namely, teenagers 16 or 17 years old?

Victim of Forced

Child Labor No.1: There are many, maybe the majority of the total

workforce (which is about 1,500).

According to the estimation of the interviewees at the factory, the number of full-time children

and juvenile workers as well as temporary student workers, goes as follows:

 Temporary student workers in the summer: 40 to 50 junior high school

students, between age 15 and 16

 Full-time child workers: 40 to 200113 between age 13 and 15

113.Interviewees’estimationofthenumberofchildworkers(betweenage13and15)varies,somesaying“40–50,”otherssaying

“100–200.”
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 Full-time juvenile workers: 300 to a majority of the workforce (of 1,500)114

between age 16 and 17.

These child and juvenile workers came to the factory through different channels. Temporary

student workers were routinely introduced by their teachers, who might know the recruitment

manager of the factory. Child workers under the legal working age of 16 were often brought

directly from rural areas by a middleperson, who also worked at the factory or had contacts with

managerial staff in charge of recruitment. Child workers and their parents would normally trust

this middleperson to bring them to the factory because this person was often one of their fellowvillagers (laoxiang). The factory routinely provided economic incentives to these middlepersons

for introducing child workers, ranging from 100 to 200 Yuan per head.

GiventhatChina’slegalworkingageis16,thefactorywasallowedtohirejuvenileworkersof

16or17yearsofageintheregularmanner,throughthefactory’sbuilt-in recruitment center.

Sending recruitment staff to labor-rich and economically poor rural areas of China, such as

Sichuan, Guangxi, Hunan, and Henan provinces, to hire workers wholesale and luring

middlepersons to likewise do so, were two other ways to hire juvenile workers.

Researcher: There are workers under 16 years old in the

factory,aren’tthere?

Adult Employee No. 2: Yes.

Researcher: Did they come to Dongguan to find a job by

themselves?

Adult Employee No. 2: Some people brought them here. The factory also

recruits workers.

Researcher: The factory goes to rural areas to recruit workers?

Do you mean in the relatively poor regions, such

as Yunnan and Guizhou?

Adult Employee No. 2: Yes, and also in Sichuan, Hunan, and Henan.

Since2004,citiesinChina’sPearlRiverDeltaregionhaveexperienced an acute shortage of

migrant workers. The situation deteriorated as one region after another reported a labor

undersupply—from Guangdong and Fujian, up to Zhejiang Province. The Ministry of Labor and

Social Security put the nationwide labor shortfall at 2.8 million in 2004. In 2005, it was

estimated that factories were short 1 to 2 million workers in Guangdong Province alone.115 This

shortage of adult workers might have exerted substantial pressure on employers to hire underage

114Interviewees’estimationofthenumberofjuvenileworkers(age16or17)isdifferent,somesaying“300-400,”otherssaying

“themajorityoftheworkforce.”

115 Wiseman, P. (2005, April 11). Chinese factories struggle to hire. USA Today. Retrieved from http://www.usatoday.com/

money/world/2005-04-11-china-laborx.htm.
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workers to maintain production levels in many labor-intensive industries. However, when

analyzing the reasons behind the substantial use of children and juvenile workers at the factory,

interviewees attributed the problem more intensively to incentives for the employers rather than

pressure from a labor shortage. As explained specifically by an adult worker employed at one toy

factory in Dongguan forseveralyears,itistheemployers’considerationofyoungworkers’low

cost and high productivity—in particular, for toy production lines—that is the main reason

behind the problem.

Researcher: How do you know they are younger than 16 years

old?

Adult Employee No.1: They all have resumes. You know their ages from

the resumes.

Researcher: In your opinion, why does the factory employ

children?

Adult Employee No.1: First, to save costs. In addition, all the work done

by child workers is manual work, like making small

toys.Adultscan’tassembletinytoys,theycan’t

even stick their fingers in. But underage children

can, they are useful. Many detailed manual jobs in

thisfactoryneedchildren’snimblefingers.

With regard to employment conditions, like all other adult workers at the factory, these children

and juvenile workers labor long overtime hours without being compensated at the legal overtime

rate; they were not inscribed in the mandatory national social security schemes; and they were

not provided any well-organized Occupational Safety and Health (OSH) training, medical

exams, or employee protective equipment. According to the Chinese legislative system, such as

their Labor Law, Provisions on Minimum Wages, Labor Contract Law, and Production Safety

Law,alltheseemploymentpracticeshaveviolatedemployees’legalrightswithregardto

monthly payments, working hours, social security benefits, and occupational safety and health.

3.1.4.2. Forced Child Labor

In April 2008, the Liangshan forced child labor scandal was uncovered by Chinese journalists of

the Southern Metropolis newspaper. It was reported that hundreds, perhaps thousands, of poor

children of the Yi ethnic minority group in Liangshan had been lured or even kidnapped to work

infactoriessituatedinDongguan,oneofChina’slargestmanufacturingcentersforelectronics,

toys, and other consumer goods sold around the world. The children, mostly between age 13 and

15,wereforcedtowork300hoursamonth(China’slegalmaximumovertimehoursare36hours
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over regular work hours per month) and were paid 42 cents an hour, far below the local

minimum wage of about 64 cents an hour.116

During field studies in November 2008 at Dongguan, Guangdong Province, at one of the six toy

factories investigated, the researcher interviewed four girls born in 1993, 1994, and 1995, as well

as one juvenile girl born in 1992, who all came from the remote mountainous villages of

Guangxi Province. Based on interviews with these five girls, all five should be categorized as

forced child labor,whichisdefinedforthisprojectas“allworkorservice(1)exacted from any

person under age 18 under the menace of any penalty for its nonperformance and for which the

worker does not offer himself voluntarily [coercion]; or (2) performed by any person under

age 18pursuanttoacontracttheenforcementofwhichisaccomplishedbyprocessorpenalties.”

Unlike the victims in the Liangshan forced child labor scandal uncovered in April 2008 who

were lured or even kidnapped to work in factories, these five Zhuang ethnic minority children

were brought to the factory by their relatives or fellow-villagers. In what follows, using evidence

collected from interviews with these five Zhuang girls, it is analyzed in detail how they had been

forced to work under the menace of penalty, in what forms they worked involuntarily, and to

what extent these children suffered from coercion.

Elements of Menace of Penalty Yes/No

Physical violence against worker or family or close associates No

Imprisonment or other physical confinement No

Sexual violence No

(Threat of) supernatural retaliation No

Financial penalties Yes

Denunciation to authorities and deportation No

Dismissal from current employment No

Exclusion from future employment No

Exclusion from community and social life No

Removal of rights or privileges No

Deprivation of food, shelter, or other necessities No

Shift to even worse working conditions No

Loss of social status No

Number of Yes 1

As can be seen from the table above, one example of menace of penalty was found in this case.

Financial penalties were also routinely used by management as labor discipline techniques to

ensure productivity and prevent absenteeism. Forcing workers to work overtime for excessively

116 De-hong, R., Xing, W., Hui-long, L., Ming, L. Jin-ming,K.,... Xue-jun, W. (2008, April 28). Liangshan child laborers are

sold like cabbages in Dongguan. Southern Metropolis. Retrieved from http://epaper.nddaily.com/I/html/2008-

04/28/content_452545.htm. See also, Barboza, D. (2008, May 1). China says abusive child labor ring is exposed. The New York

Times. Retrieved from http://www.nytimes.com/2008/05/01/world/asia/01china.html?pagewanted=1&_r=1
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long hours by means of heavy fines was the main problem brought up by the child and juvenile

workers interviewed.

Researcher: Do they fine you a lot?

Victim of Forced

Child Labor No.1: Yes, they do.

Researcher: Supposesomethingyou’vemadewasn’tmadequite

right, or something like that, would you be fined?

Victim of Forced

Child Labor No.1: For sure. There is a fine whenever we make something

wrong. Fifty Yuan and up.

Researcher: Have your fellow workers or you yourself ever been

punished?

Victim of Forced

Child Labor No.1: Ihaven’t.Butsomeothershave.

Researcher: Besides this, what else would you be fined for?

Victim of Forced

Child Labor No.1: Being late or absent.

Researcher: How much is the fine for being late?

Victim of Forced

Child Labor No.1: Five or ten Yuan is the lowest amount.

Researcher: Your overtime shifts are too long. Is it possible for you

not to work overtime?

Victim of Forced

Child Labor No.1: Yes. But some money will be deducted. If someone is

finedonedayforsomereason,hewon’tbewillingto

work overtime that day. But then they are absent from

overtime work,sothey’llbefinedagain.Beingfined

several times a day means the worker needs to work

several days unpaid.

Researcher: So not working overtime is considered being absent.
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Victim of Forced

Child Labor No.1: Yes.

Researcher: How much is the financial penalty for being absent from

overtime work?

Victim of Forced

Child Labor No.1: Fifty Yuan. If someone is absent for a whole day, the

penalty will be 150 Yuan, which is as much as the wage

of three or four days.

Researcher: So many people are unwilling to work long hours

overtime. Are you willing to work for that long?

Victim of Forced

Child Labor No.1: No. Long hours overtime makes us too tired.

Elements of Involuntary Nature of Work Yes/No

Birth/descent into slave or bonded status No

Physical abduction or kidnapping No

Sale of person into the ownership of another No

Physical confinement in the work location No

Psychological compulsion No

Induced indebtedness No

Deception or false promises about types and terms of work Yes

Withholding and non-payment of wages Yes

Retention of identity documents or other valuable personal possessions No

Number of Yes 2

As shown above, two examples of involuntary nature of work were found in this case. First of

all,thesevictimsofforcedchildlaborhadbeenluredtoworkatthefactorybyjobrecruiters’

“deceptionorfalsepromisesabouttypesandtermsofwork.”Whilethisresearchfoundno

children or juvenile workers who had been kidnapped or sold illegally to work at the factory, the

Zhuang girls said they felt somewhat cheated by the middleperson who had promised them that

the jobs at the factory were well-paid and of reasonable working hours.

Researcher: Were you introduced here or did you find the job

yourself?
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Victim of Forced

Child Labor No.1: I was introduced here by others. The introducer told us

the factory was very good. No money would be deducted

from our wages. And it would provide room and board.

But after we got here, we found it was just the opposite.

Researcher: Doyoufeelyou’vebeencheated?

Victim of Forced

Child Labor No.1: Yes, a little. Once you come here, they withhold your

wages, so it is quite difficult for you to leave.

Researcher: Becauseyouworrythattheywon’tgiveyouyourwages?

Victim of Forced

Child Labor No.1: Yes,ifyouwanttoquit,theywon’tapproveit,thenyou

willlosetwomonth’sworthofwithheldwages.

This second example of the involuntary nature of work discovered at the factory was the

withholdingofworkers’wagesfortwomonths.Workerscomplainedthatitbecamevery

difficult to resign from their job or find a better one because the employer routinely withheld all

productionworkers’wagesfortwomonths; these wages would never be paid to workers

submitting resignation (unless, of course, management were to give their approval).

Researcher: When do you usually get your wages?

Victim of Forced

Child Labor No.1: Two months later; for example, the wages for September

willbegiveninNovember;thoseofOctoberwon’tbe

given until December.

Researcher: Why is it delayed for so long?

Victim of Forced

Child Labor No.1: They are afraid you might quit.

Researcher: Youwon’tgetyourwagesifyouquit,right?

Victim of Forced

Child Labor No.1: No,youwon’t.

Community member: Theydon’thaveacontract.Ifyouleavethefactory,you

will get nothing. They withhold money for this reason. So
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you have to wait until the next time when the wages are

given.

Victim of Forced

Child Labor No.1: Because they have delayed paying us.

Elements of Coercion of Children Yes/No

Children are deprived of basic needs in the workplace No

They work long or unusual hours Yes

They are engaged in hazardous work that puts them at risk of serious injury or death No

They are physically or sexually abused at work No

They are not able to attend school because of work No

Number of Yes 1

As for coercion of children, excessively long working hours was found to be a prevailing

problem, regardless of whether it was for adult workers or children and juvenile workers, who

should all be protected by law from working long overtime hours.

Researcher: Does your overtime work last long? Till what time

at night?

Victim of Forced

Child Labor No.1: It’s10:30 p.m.now.Butin peak production

seasons, till 11:30 p.m. or 12:00 a.m.

Researcher: Do you work on Saturdays or Sundays?

Victim of Forced

Child Labor No.1: Yes, we do.

Researcher: Even on Sundays?

Victim of Forced

Child Labor No.1: Yes.

Researcher: How many days can you rest a month?

Victim of Forced

Child Labor No.1: Ican’trestatallifIhaveworktodo.

Researcher: Since you have to work overtime for such a long

time, do you feel exhausted?
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

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Victim of Forced

Child Labor No.2: Yes, very tired. We want to go home.

Researcher: If you get your wages now, would you go home

instead of working here?

Victim of Forced

Child Labor No.2: Yes.

Researcher: Butyoucan’tleave,canyou?

Victim of Forced

Child Labor No.2: No,wecan’t.Wehaven’tgottenourwages.

Researcher: Is it possible to find the introducer and ask him,

“Pleaselendmesomemoney.Iwanttogohome

now”?

Victim of Forced

Child Labor No.2: I’vetoldhim this.ButhesaidIshouldworkhere

for several months, till January 2009.

3.1.4.3. Forced Labor

According to numerous reports from labor rights NGOs during 2003–2008, forcing workers to

work excessively long overtime hoursistheothercommonlaborabuseinChina’stoyindustry.

Students and Scholars Against Corporate Misbehavior, a Hong Kong-based labor rights NGO,

conducted field research between June 2005 and December 2006 at five toy supplier factories in

Shenzhen and Zhuhai cities, Guangdong Province, producing for Wal-Mart. They documented

widespread illegal labor practices in a report published in 2007. The report had specific findings

on the issue of forced overtime:117

Allfivefactoriesimposea“six-dayworkweek”and a minimal 11-hour workday

on production workers—making for a 66 to 78 hour workweek. The most

serious case among the five factories occurred at Zhuhai-based Kam Long. Kam

Long workers report that on average they work as many as 28 days per month

and up to 30 days when filling rush orders. In one month, their working hours

reached a record high of 336 hours. They also complain that they are not

allowed to refuse overtime—even when they have a bad cold or headache.

117 Students and Scholars against Corporate Misbehavior. (2007). Wal-Mart’ssweatshopmonitoringfailstocatchviolations:The

story of toys made in China for Wal-Mart. Retrieved from http://sacom.hk/wp-content/uploads/2008/07/walmartreportsacomjun2007.pdf
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

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Practices of forced overtime in toy factories of Guangdong Province were also released in many

other reports of labor rights NGOs.118

During field studies in Dongguan, Guangdong Province in November 2008, at one of the six toy

factories we investigated the researcher also found that adult workers were likewise suffering

from problems of forced overtime. Just like the children and juvenile workers at the factory,

adult workers were also forced to take compulsory overtime, subject to the criteria of menace of

penalty and coercion discussed previously in Section 3.1.4.2.

In conclusion, determination of child labor, forced child labor, and forced labor in the toy

industry in China is based on five site visits; four interviews with Type 1 informants; and a

review of 19 articles and reports, published from 2004 to 2008. The data indicates a

demonstrated pattern of abuses in the toy sector across multiple factories in multiple locations,

including Shenzhen and Dongguan in Guangdong Province, the City of Shanghai, Zhejiang

Province, and other locations in Southeastern China.

With regard to child labor, data gathered from site visits, interviews, and articles, all provide

evidence for this phenomenon throughout China. The researcher visited three different factory

sites in Dongguan where children were observed to be working. At one of these sites, the

researcher personally interviewed five girls who were victims of child labor and forced child

labor. The researcher also interviewed four Type 1 informants, three NGO workers, and one

academic researcher, who all reported observing child laborers in various toy factories in the

country, though little detail of the children and their situations was provided in the interviews.

Given the content of these interviews, it appears that the informants were referring to different

factories. While the information in the interviews did not allow for sufficient characterization

about the condition of child labor in these factories, all four informants did confirm knowledge

of child labor in the toy industry. Of the 19 articles and reports, 13 indicated the presence of

multiple instances of child labor in various cities and factories, mostly in Guangdong Province.

The existence of child labor in these articles and reports is based upon the use of direct

observation and interviews, as well as secondary sources.

With regard to forced child labor, during a site visit the researcher personally interviewed five

girls who were victims of child labor and forced child labor in a toy factory in Dongguan, as

mentioned previously. These girl laborers reported being subject to withheld wages and

118China Labor Watch & National Labor Committee. (2005) Blood and exhaustion: Behind bargain toys made in China for WalMart and Dollar General. Retrieved from http://www.nlcnet.org/admin/media/document/huangwu_report.pdf. See also National

Labor Committee. (2004). Toys of Misery 2004: A joint report by National Labor Committee and China Labor Watch. Retrieved

from http://www.nlcnet.org/admin/media/document/ReportPDF/China/Toys%20_of_Misery_Report.pdf. See also National Labor

Committee. (2007). ToysofMisery2007:Santa’shelperssuferconstantabusewhilemakingBarbie,Thomas&Friends,and

other toys for Wal-Mart at the Xin Yi Factory in China. Retrieved from http://www.nlcnet.org/admin/media/document/China/

Mattel/Toys_Misery_WEB.pdf. See also National Labor Committee. (2007). Thomas & Friends goes to China, stumbles, and is

recalled: Illegal sweatshop conditions at four factories in China producing Thomas & Friends toys. Retrieved from

http://www.nlcnet.org/admin/media/document/china/Thomas_China_PRINT_BODY.pdf. See also National Labor Committee

and China Labor Watch. (2006). Made in China: The sweatshop behind the Bratz. Retrieved from

http://www.nlcnet.org/admin/media/ document/ReportPDF/China/Bratz_Report.pdf. See also Students and Scholars Against

Corporate Misbehavior. (2005). LookingforMickeyMouse’sconscience:AsurveyoftheworkingconditionsofDisney’ssupplier

factories in China. Retrieved from http://sacom.hk/wp-content/uploads/2008/07/disney.pdf. See also Students and Scholars

Against Corporate Misbehavior. (2006). AsecondattemptatlookingforMickeyMouse’sconscience:Asurveyoftheworking

conditionsofDisney’ssupplierfactories in China. Retrieved from http://sacom.hk/wp-content/uploads/2008/09/7-disneyresearch-2006.pdf
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

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deception about the nature of their work, both of which constitute involuntary nature of work;

financial penalties, which constitutes menace of penalty; and coercion, through long working

hours. Four of the girls were under the age of 16, so these practices also constituted child labor,

while another girl was 16 years old at the time of the site visit. Of the 19 articles and reports,

seven articles and reports indicated the presence of forced child labor in the toy industry,

evidenced through coercion of children (deprivation of basic needs, long hours), menace of

penalty (threat of physical violence, withheld wages), and involuntary nature of work (slave-like

conditions, sale of children, physical confinement, retention of identity documents, and

deception regarding working conditions).

With regard to forced labor, the researcher interviewed adult laborers, employees, and

community members who reported the existence of forced labor in the toy sector, mostly through

the use of compulsory overtime (involuntary nature of work) and financial penalties (menace of

penalty). Nine NGO reports, which detailed site visits and interviews with laborers, indicated

forced labor of adults in the toy industry; mostly through the use of the use of compulsory

overtime (involuntary nature of work) and financial penalties (menace of penalty).

In the five site visits, four Type 1 interviews, and review of 19 articles and reports, there is

sufficient data to support a conclusion of significant evidence of child labor, forced child labor,

andforcedlaborinthetoysectorinChina,basedonUSDOL’sdefinitionofsignificance.With

regard to child labor, the data indicate a demonstrated pattern of abuses in the toy sector across

multiple factories in multiple locations, including Shenzhen and Dongguan in Guangdong

Province, the City of Shanghai, Zhejiang Province, and other locations in Southeastern China.

With regard to forced child labor, the researcher found credible evidence of such abuses during a

site visit to Dongguan; articles demonstrated that such abuses exist in various locations in

Guangdong and Sichuan provinces. With regard to forced labor, site visits and articles indicate

forced labor practices in various factories throughout Guangdong Province; despite the evidence

only stemming from one province, the number of site locations and victims justifies a finding of

significance,accordingtoUSDOL’sdefinitionofsignificance.

3.1.5. Cotton

Astheworld’smajormanufacturing center and exporter of clothing and textiles, China is also

the world's largest producer and consumer of raw cotton. As estimated in 2006 by the National

Reform and DevelopmentCommission,China’scotton production waslikely to reach

6.5 million tons, accounting for 26% of the global cotton production of 25 million tons per

year.

119 Statistics from the China Cotton Association show that the national gross output of

cotton reached 6.73 million tons during the 2006/07 cotton season, and is estimated to be

7.5 million tons for 2007/08.120 At the same time, as the largest cotton consumer in the world,

China’scottonconsumptionmadeup24% ofthetotalvolumeofcottonconsumptioninthe

world in 2006.121 China’ssoaringeconomyandglobaltextiletradeliberalization have driven its

119China’scottonproductiontogrowthisyear.(2006,October24).Xinhua News Agency. Retrieved from

http://www.china.org.cn/2006-10/24/content_1185838.htm

120 Hairong, W. (2007, December 27). A tale of cotton pickers. Beijing Review. Retrieved from http://www.bjreview.com.cn/

nation/txt/2007-12/27/content_93189.htm

121 Wang, J., & Fok, M. (2006). Analysis on China cotton market. Retrieved from http://wjian1958.blog.bokee.net/

bloggermodule/blog_viewblog.do?id=101334
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 68~

cotton imports far beyond that of any other markets.122 The other key factor explaining the

increaseofChina’scottonimportsisthattheinternationalcottonpriceislowerthanthedomestic

price due to the higher production efficiency of foreign farmers and subsidies from their

governments. According to the U.S. Cotton Council, from 2004 on, about half of cotton

consumedinChinawasfromimports,andaboutonehalfofChina’simportedcottonwasfrom

the United States, with the rest coming from West Africa, the former Soviet Union, and

Australia.123

CottonisgrowninmostofChina’sprovinces,municipalities,andautonomousregions;fromthe

border areas of southern Yunnan to northeastern Liaoning and northwestern Xinjiang.124 As the

largest cotton-growing region in China, the Xinjiang Uygur Autonomous Region consistently

ranks number one in per capita yield, output, rank, and domestic transfer volume.125 In 2007,

cotton output in Xinjiang was expected to reach 2.7 million tons, accounting for about 40% of

thecountry’scottonproductionvolumethisyear.Theoutputgrowthhasbeenattributedto

increased cultivation of 1.33 million hectares.126 Cotton production and related industries have

becomethebackboneofXinjiang’seconomy,generating one-sixth of the local gross domestic

product (GDP).127

DespiteXinjiang’sgeographicandnaturaladvantages,painstakingfarm workisneededto

ensurethecotton’shighqualityandanimpressiveproductioncapacity.Duringthewhole

farming process, the harvest season—lasting two months, starting in early September and ending

by early November—is the most labor-intensive stage. To ensure the highest production volume

and quality, the cotton must be picked quickly; otherwise it will go to waste in the field. Labor is

abundant in China, but not in Xinjiang during the cotton harvest season. With an area four times

the size of California, Xinjiang accounts for one-sixth of the total landmass of China, but only

slightly over 1% of the total population. Every harvest season, more than 600,000 migrant

workers, mostly middle-aged women from various parts of China, make the long journey of

several thousand kilometers to Xinjiang to help local farmers pick cotton.128 The number of

migrant farmers picking cotton in Xinjiang each year has increased from about 10,000 a decade

ago, to 1 million in 2007.129

122 U.S. Department of Agriculture, Economic Research Service. (2006, July 14). Cotton: Trade. Retrieved from

http://www.ers.usda.gov/Briefing/Cotton/trade.htm

123 Hairong, W. (2007, December 27). A tale of cotton pickers. Beijing Review. Retrieved from http://www.bjreview.com.cn/

nation/txt/2007-12/27/content_93189.htm

124 Hsu, H.-H., & Gale, F. (2001). Regional shiftsinChina’scottonproductionanduse. Retrieved from

http://www.ers.usda.gov/Briefing/Cotton/PDF/Chinacotton.pdf

125 Anonymous. (2006, November 22). Xinjiang, China's biggest cotton production base. Retrieved from

http://www.aboutxinjiang.com/Today/content/2006-11/22/content_1386727.htm

126 Anonymous. (2007, December 14). China’slargestcottonbaseexpectsmajoroutputgrowth.Xinhua News Agency. Retrieved

from http://www.china.org.cn/english/business/235684.htm. See also, Hairong, W. (2007, December 27). A tale of cotton

pickers. Beijing Review. Retrieved from http://www.bjreview.com.cn/nation/txt/2007-12/27/content_93189.htm

127 Hairong, W. (2007, December 27). A tale of cotton pickers. Beijing Review. Retrieved from http://www.bjreview.com.cn/

nation/txt/2007-12/27/content_93189.htm

128 Tuanjie, C. (2006, September 10). Cotton pickers in Xinjiang. China Foto Press. Retrieved from http://en.chinafotopress.com/

index/onegroup?gid=1146143

129 Hairong, W. (2007, December 27). A tale of cotton pickers. Beijing Review. Retrieved from http://www.bjreview.com.cn/

nation/txt/2007-12/27/content_93189.htm
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

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Each year, when Xinjiang has a bumper cotton harvest, the shortage of cotton-picking laborers

persistently worries the cotton growers. Local government in Xinjiang provides a solution to the

labor shortage problem, allowing the recruitment of students as temporary cotton-pickers; this

falls under one form of the work-studyprogramsthathavebeenimplementedinChina’s

educational institutes at various levels, from elementary schools to universities. To solve the

serious labor shortage problem in cotton fields, in 2005 the Educational Department of Xinjiang

issued an official document requiring college students and those in primary and secondary

schools to take part in the work-study program. For students, the cotton-picking activities were

compulsory,becausestudents’workingattitudesandperformanceswouldberecordedas

references for school performance, scholarships, financial aid, and as a judgment criterion for the

Merit Student Award.130 In2006,theGeneralOfficeofthePeople’sGovernmentofXinjiang

issued the Opinions on Strengthening the Management of Work-Study Labor Practices in

Elementary and Secondary Schools. The Opinions highlighted the leading roles of governmental

agencies in managing work-studyprograms,portrayingtheworkingmechanismas“governmentled, educational, administrative, department-managed, and school-operated.”TheOpinions

recognize three categories of labor practices as State-sanctioned work-study activities:

productive activities at social practice bases of educational institutes or schools; picking various

kinds of farm crops (including cotton); and collecting waste bottles, tins, and newspaper. The

Opinions also limit the maximum working time to seven days per academic year for third grade

and upper level primary students (normally above age 8), and 14 days for students in junior and

senior secondary schools (normally ranging from age 12 to 18).131

However, the long-term practice of requiring students to pick cotton in Xinjiang has increasingly

become a topic of public controversy, leading to great concern from students, parents, and the

public. The opponents complained that it was not at all reasonable that primary and secondary

school students suspend classes for cotton-picking; it was inappropriate to treat students as cheap

laborers and directly connect performance of cotton-picking with academic performance; and

lastly, many students who could not bear the tough working environment and living conditions in

the cotton fields became willing to hire peasant workers to work for them, or bought picked

cotton from others, causing the work-study program to lose its meaning.132

Possibly as a response to the growing public grievances against the compulsory cotton-picking

activities, in September of 2008 the Education Department of Xinjiang issued the Notification on

Suspending Cotton-picking Activities of Students in the Nine Years of Compulsory Education,

providing that students in primary and junior high schools, normally age 6 to 15, will no longer

participate in school-organized activities to pick cotton beginning in the autumn of 2008. Instead,

schools should organize necessary social practice activities according to the capabilities of

studentsfrom differentgradessotheycanensurethestudents’safety.133 According to local

130 Anonymous. (2005, September 15). Xinjiang, 100,000 students suspend class for cotton picking. Nanjing Morning

Newspaper. Retrieved from http://news.sina.com.cn/c/2005-09-15/09526950302s.shtml

131 General Office of the People' s Government of XinJiang Uygur Autonomous Region Government. (2006). Opinions of

strengthening the management of work-study labor practices in elementary and secondary schools. Retrieved from

www.brj.gov.cn/1$003/1$003$020/33.jsp?articleid=2006-7-18-0007&pagecorder=1

132 Anonymous. (2005, September 15). Xinjiang, 100,000 Students Suspend Class for Cotton Picking. Nanjing Morning

Newspaper. Retrieved from http://news.sina.com.cn/c/2005-09-15/09526950302s.shtml. See also, Universities in Xinjiang

organizing 1 million students to pick cotton gave rise to dispute. (2007, September 24). Xinhua Web.

133 He, P. (2008, September 20). From this Autumn onwards, students of nine-year compulsory education will not pick cotton any

longer. Xinhua Web. Retrieved from http://www.xj.xinhuanet.com/2008-09/20/content_14449889.htm
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

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officials from the Education Department of Xinjiang, the problem of primary and secondary

schools in rural areas lacking public funds has been solved by the nine-year compulsory

education guarantee system established by the Government, which will provide doubled funds

for students in primary and secondary schools in rural areas, starting with the new autumn

semester of 2008. Therefore, students enrolled in the nine years of compulsory education will no

longer be required by schools to pick cotton and generate revenue for the school.134

To examine the current situation of using work-study students as temporary cotton pickers in

Xinjiang, the researcher interviewed two informants from the Shihezi Reclamation Area,

Xingjiang, on November 20, 2008. One was an adult cotton-picker and one a teacher in a local

junior high school, probed to examine the current situation of labor practices in the cotton

farming sector. Based on interviews with these two informants, it was found that the practice of

school-organized cotton-picking by students in junior high school still existed in the harvest

season of 2008, although the governmental notification banning this practice was issued in

September 2008.

Besides interviews with two Type 2 informants, for the purpose of this project the researcher also

interviewed one Type 1 informant135 and reviewed secondary data (news reports) from the period

of 2003–2008 to achieve a historically sensitive assessment of the situation of CL, FCL, and FL

labor in the Xinjiang cotton farming sector. Of these interviews and articles, there were two

Type 2 interviews and six articles found to be relevant for determination of incidence of CL,

FCL, and FL in the cotton industry.

3.1.5.1. Work-Study Students

Using students under work-study programs as temporary cotton-pickers during the harvest

seasonhasalonghistoryinXinjiang’scottonfields.Since1994theXinjianggovernmenthas

called for students to pick cotton for work-study purposes. The students participating in cottonpicking range from third-grade students in primary schools to those in secondary schools,

secondary technical schools, and universities.136 Given that the practice of students picking

cotton is one acceptable type of government-required work-study program, the number of

students who have participated in cotton-picking activities is substantial. On September 9, 2006,

it was revealed in a news report from Education of China that about 1 million students of

different ethnic groups from 2,689 schools all over the autonomous region took part in cottonpicking in 2005, bringing in 93.4 million Yuan. The income from this work-study program is

mainly used for supporting poor students and improving school facilities, and it also helps pay

for the construction of schools. In 2006, about 800,000 college and high school students were

sent to pick cotton.137

Researchers’interviewswithtwoinformantsinNovember2008providedempiricaldatafor

analyzing the practices of using work-study students as seasonal cotton pickers in Xingjiang.

According to these two interviewees, it has been a long-term practice at the Xinjiang Production

134 Ibid.

135 This is NGO 1, which shot a documentary film about cotton supply chains and visited many cotton farms in Xingjiang.

136 Anonymous. (2008, September 11). What is the purpose of picking cotton? Retrieved from

http://tieba.baidu.com/f?kz=477089276

137 Ibid.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 71~

and Construction Corps (XPCC) agricultural division for over two decades to organize students

to work as cotton-pickers every autumn, and primary and secondary schools were normally

administrated by the XPCC branches at the regimental level. This is a practice which can be

tracedbacktothe1980swhenstudents’cotton-picking activitieswereconsidered‘voluntary

labor’(yiwu laodong) and were unpaid.

Researcher: When did the schools begin to organize students to pick

cotton, especially elementary and secondary school

students?

Adult Cotton-picker: Since 1994.

Researcher: Did this also happen during the 1980s or earlier?

Adult Cotton-picker: In the countryside, any child can go and pick cotton if

workers are needed. Even when we were students [the

interviewee was in her forties at time of interview, so

this may have been in the early 1980s] we had to pick

cotton in the field.

Researcher: Yourschooldidn’torganizethisforyou,didthey?

Adult Cotton-picker: Yes, they did. If the company [which is a grassroots unit

of XPCC] needed people, the school children had to

work.

Researcher: Ipresumethattheschoolsdon’tbelongtothecompany?

Adult Cotton-picker: They probably belong to the regiment.

Researcher: The regiment is a higher administrative rank than the

company?

Adult Cotton-picker: Yes.

Researcher: Did you get paid for picking cotton in the past?

Adult Cotton-picker: No. It was totally voluntary.

Researcher: Did your school suspend classes?

Adult Cotton-picker: They certainly did!

Researcher: How long did you spend picking cotton?
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and Forced Child Labor in China

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Adult Cotton-picker: About two or three months. You know, autumn is long

andtherearen’tmanypeoplehereinXinjiang.

Researcher: Soyoudidn’thaveclassfortwoorthreemonths,right?

Adult Cotton-picker: No,wedidn’t.

Researcher: Did you have a summer holiday?

Adult Cotton-picker: Yes, of course!

Researcher: Then how did you make up for the missed lessons?

Adult Cotton-picker: We had to hurry to get through all the school material in

a shortened academic semester.

Researcher: Iamtoldthatyou’vealwaysbeenworkinginsecondary

schools. Does your school organize cotton-picking every

year?

Teacher: Yes.

Researcher: Doyoumeanthey’vesentstudentsouttopickcotton

ever since you began working here years ago?

Teacher: Yes,that’sright.

Researcher: Do all the students of both elementary and secondary

school have to work?

Teacher: Those above grade three in elementary school and all in

secondary and high school.

Researcher: Has it always been like this?

Teacher: Yes. But there have been some changes this year. The

working period is shorternow.Now,they’re only

required to work for 10 to 20 days, while they worked

for over a month in the past.

It was found from the interviews that the notification banning students in nine-year compulsory

education from participating in cotton-picking issued by the Education Department of Xinjiang

in September 2008 had not been enforced at the local level. Shortage of labor and cheaper costs

for using student laborers were the main reasons for the non-implementation of this student

protective policy.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

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Researcher: The Department of Education of the Autonomous Region

issued a notification saying that students still in the nine

years of compulsory education are not required to pick

cotton this year. Did your school receive this document?

Teacher: We heard about that.Someschoolsdidn’tsendany

students while some others, like my school, still did. My

school was ordered to do so by the Deputy Political

Commissar of the regiment in charge of local educational

affairs.

Researcher: Do you think sending students to pick cotton will

continue next year, or will this be the last year?

Teacher: Idon’tknow.

Researcher: How many students are there under the administration

of the regiment?

Teacher: Probably several thousand.

Researcher: All students have to help pick cotton regardless of their

family background, right?

Teacher: That’swhatthe regulationssay,butstudentswith

somewhat powerful parents can choose not to work.

Researcher: Did you take your students to cotton fields this year?

Teacher: Yes.

Researcher: How many students were you responsible for?

Teacher: A high school class, my class, about 50 students, between

age 13 and 15.

Researcher: Is cotton-picking a compulsory course?

Teacher: It is considered a work-study experience rather than a

course. However, it is included in the assessment of the

students’overallschoolperformance.

Researcher: Did the students get paid?
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and Forced Child Labor in China

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Teacher: Yes. The regiment set a fixed payment level for the

students. It used to be quite low. This year, it's a bit

higher. The gross payment was 1.2 Yuan per kilogram of

cotton, but the net payment is only 0.9 Yuan, after

deducting the costs for transportation and meals. Forty

percentofstudents’netpaymentistakenawaybythe

school, and the remaining 60% is given to the students.

Researcher: How much would a student earn for the 10 days or so?

Teacher: On average, they got 300 to 400 Yuan.

Researcher: Do you know the pay rate for adult cotton-pickers this

year?

Adult Cotton-picker: Migrant workers are paid 1.5 Yuan per kilogram. There is

no regular pay rate for our local residents because we

know how to bargain with employers for a better rate.

It is apparent from the interviewees that non-implementation of the new policy is not a singular

case. As illustrated by an open letter released on the governmental website of Wusu City to

comfort displeased parents, school-organized compulsory cotton-picking practices persistently

exist in large cotton farming regions.

ALetterofComplaintfromStudents’ParentsandtheResponseofthe

Education Department of Wusu City138

Letterofcomplaintfrom students’parents:

Officials in the Education Department of the City,

My child is a grade-three graduate student in the No.4 Junior Middle School. He tells us that

they will be asked to pick cotton next Tuesday. However, the Education Department of

Xinjiang has released the Notification on Suspending Cotton-picking Activities of Students in

the Nine Years of Compulsory Education, saying that from the autumn of 2008, students in

the nine years of compulsory education should no longer be required to take part in cottonpicking.What’smore,therewillbefrostinlateOctober,sohowcanchildrenworkinsuchcold

weather? Moreover, grade-three students are under tremendous learning stress. Although

they said that it would only last 16 days, children can hardly return to normal school life until

at least a month later. The lost time can never be made up for. I am looking for a satisfactory

reply from leaders of the Education Department.

Reply from the Education Department of Wusu City:

According to the Opinions of Strengthening the Management of Work-Study Labor

Experience in Elementary and Secondary Schools issuedbytheGeneralOfficeofthePeople’

138 Anonymous. (2008, October 9). The issue of junior middle school students picking cotton. Retrieved from

http://www.xjws.gov.cn/wsxf/index.asp?repage=1&action=view_topics&id=9623&forumid=4
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

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sGovernmentofXinjiangin2006:“Thetimeperiodofwork-study practice for primary and

secondary schools is 14 days. The work-study experience is an essential cultivation-oriented

education and teaching activity. For the convenience of labor management, the school can

employ quantitative management based on the summarization of the former experience, that

is, the school can take the class as a unit, and make instructive goals based on the cardinal

number of the amount of the task students can finish as well as their ages, gender, and health

situation. It is necessary to encourage students to help those who have made every effort but

still cannot finish the task, in the process of which they can learn how to achieve the goal by

cooperative work. Work-study experience should be included in status management. The

performance of the students is an important reference in the evaluation of the social

experienceactivity.”

It is true that the Education Department of Xinjiang has recently delivered the Notification on

Suspending Cotton-picking Activities of Students in the Nine Years of Compulsory Education.

However, the shortage of cotton-picking labor leads to the fact that a large amount of cotton

cannot be picked in time. Thus, the authorities of the Autonomous Region have signed an

instruction, urgently mobilizing the students in junior and senior high schools all across

Xinjiangtohelpfarmerspickcotton,inordertominimizefarmers’economiclosses.Onthe

evening of October 6, 2008 we received an emergency notification from the Education

Department of Tacheng Region, requiring junior high school students to participate in the

work-study experience programs (including cotton-picking), and that the work-study

experience program should not exceed 14 days, as limited by the relevant rules of the

Ministry of Education and the Education Department of Xinjiang.

The work-study experience program implemented in our city is a social practice activity in

accordance with the requirements of documents of higher authorities and the emergency

notification of the Work-Study Practice Office of the Regional Education Department. We

hope that parents will show enough understanding and offer their full support.

The Education Department of Wusu City

October 10, 2008

Just as reported repeatedly by journalists, two interviewees said cotton-picking was definitely

hard work for the students; especially for young students in primary schools, who would

routinely work in the cotton fields for over 10 hours per day, being closely supervised by

teachers to pick more than 40 kilograms of cotton—the daily workload for each student.

Researcher: So, for your students between age 13 and 15, how much are

they required to pick a day?

Teacher: The standard is 40 kilograms.

Researcher: Can they generally pick that much?

Teacher: If they focus on the work, most students can.

Researcher Ifsomestudentsdon’tworkhard,willyouscoldthem?

Teacher: No. We only encourage them.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 76~

Researcher: Ifastudentrefusestowork,ortheycan’tfinishtherequired

workload, what will happen to them?

Teacher: They will have to pay their share to the school, 40% of the

paymentfortherequiredworkload.Forexample,thestudents’

payment for 40 kilograms is 70 Yuan.Ifthestudentdoesn’t

work, they have to pay 28 Yuan [per day] to the school.

Researcher: How long do they work a day?

Teacher: A bit over 10 hours or so.

Researcher: Are they allowed to rest?

Teacher: Just a short break at noon.

Researcher: Does the school buy emergency insurance or industrial injury

insurance for the students?

Teacher: The school is not responsible for that. The school asks the

parents to do so, including emergency and medical insurance.

The parents pay for these.

When analyzing why cotton-picking activities have received strong opposition from students and

their parents, the teacher interviewed highlighted two factors: the work of cotton-picking is too

painstaking to be a suitable form of labor for young children and the management of the revenue

generatedfromstudents’laborisnottransparent.

Researcher: How do the students feel about cotton-picking?

Teacher: No one is willing to go. They usually see it as wasting time they

should be spending studying, and it is also exhausting.

Researcher: From the perspective of a teacher, do you approve of cottonpicking?

Teacher: No,Idon’t.Idoagree that a reasonable amount of labor is

good for the students. But if the work lasts too long, it becomes

tootiringandboring,thenresultsinthestudents’negative

attitude and behavior; which, in the long run, is harmful to the

development of their personality, habits, and their future social

lives.It’snotsuitableforyoungchildrentoworklikethisfora

long time, both physically and mentally.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 77~

Researcher: Does cotton-picking relieve the financial strain on the school to

some extent?

Teacher: There is a bit of a relationship there. This place has always

been relatively poor. The funds allocated to the school have

never been enough.

Researcher: Istherevenuegeneratedbythestudents’laboreventually

used for the school?

Teacher: We are in the darkonthis.Theregimentmanagestheschool’s

financialaccountsothat’shardtosay.Ourschooldoesn’thave

any financial freedom and has to submit a report for the

regimenttocheckandapprovebeforepayingtheteachers’

salaries or any administrativeexpenses.I’dsaycotton-picking

would relieve the strain to some extent.

Researcher: Sorry,Idon’tunderstand.Whopaysthestudentsforpicking

cotton and how?

Teacher: Normally,students’wagesarepaidbytheemployer[farm

owners] to the regiment, which then transfers them to the

schools, and finally the students get 60% of their wages from

the schools.

Researcher: How long does it take for the money to be distributed to the

students?

Teacher: Itdepends.Once,thestudents’paymentwaswithheldbythe

regiment for half a year before it was finally distributed to the

students.

In conclusion, determination of CL, FCL, and FL in the cotton industry in China is based on two

Type 2 interviews and a review of nine articles, six of which are relevant, published from 2005

to 2008. No site visits were conducted. The data indicate a demonstrated pattern of child labor

and forced child labor abuses in the cotton sector across multiple locations, including Jiangxi,

Xianjiang, Shaanxi, and Ganshu provinces. The data do not indicate a demonstrated pattern of

forced labor in the cotton industry.

With regard to child labor, the researcher conducted two interviews in Xinjiang Province that

yielded relevant information. Interviews with an adult farm worker and a teacher from a school

indicated ongoing practices of cotton-picking by students or children accompanying their

parents. These sources also said they knew of children as young as age 8 working to pick cotton.

Of the nine articles and reports, six provided evidence of child labor in the cotton sector. These
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 78~

articles demonstrated that children as young as third graders work to pick cotton throughout

China. One article indicated that in Xinjiang Province alone, over 1 million students, some of

whom were children, worked to pick cotton through work-study programs at their schools. Other

reports indicated similar practices elsewhere in Xinjiang Province, and also in Ganshu Province;

these work-study programs affected approximately 100,000 and 40,000 children, respectively.

With regard to forced child labor, the two sources mentioned above also indicated such practices.

The interviews with the adult farm worker and teacher revealed that children in the cotton

industry work 10 or more hours per day, and suffer from low pay and financial penalties, which

constitute coercion, menace of penalty, and involuntary nature of work. Therefore, in addition to

the presence of child labor, the interviews indicated the existence of forced child labor due to

financial penalties (menace of penalty), long working hours (coercion of children), and low

wages (involuntary nature of work).

The same six articles referenced above also provided evidence of forced child labor in the cotton

sector. The article, which indicated that over 1 million students in Xinjiang Province were forced

to pick cotton through work-study programs at their schools, also demonstrated that the students

were not paid wages, and that if the students did not pick cotton, financial penalties were

imposed on them. Other reports indicated similar practices elsewhere in Xinjiang and also in

Ganshu Province; these work-study programs affected approximately 100,000 and 40,000

children respectively; and again, students were forced to pick cotton without pay, and suffered

financial penalties if they did not work. Another report indicated that a 15-year-old boy was

killed while working at a cotton mill in 2007 in Jiangxi Province. These reports indicate menace

of penalty (financial penalties), coercion (hazardous work), and involuntary nature of work

(withholding or nonpayment of wages).

With regard to forced labor, the data indicated the presence of this phenomenon in the cotton

industry in Xinjiang Province. However, of the over 1 million students in Xinjiang Province

forced to pick cotton through work-study programs at their schools, an unspecified number are

college or postsecondary students, and are therefore, adults. These articles also pointed to

practices such as poor working conditions, financial penalties, and withheld wages, which meet

the criteria of menace of penalty and involuntary nature of work. The sources are web-based and

could be referring to the same incidents of forced labor.

Based on the two relevant interviews and six relevant news reports, there is sufficient data to

support a conclusion of significant evidence of child labor and forced child labor in the cotton

sectorinChina,basedonUSDOL’sdefinitionofsignificance.Thedataindicatesademonstrated

pattern of abuses in the cotton sector across multiple locations, including Jiangxi, Xianjiang,

Shaanxi, and Ganshu provinces, which implicates hundreds of thousands of children, if not more.

The two interviewees indicated knowledge of child labor and forced child labor practices in the

cotton sector, which included long working hours, work without pay, involuntary work, and

children as young as age 8 being forced to work. The news reports also indicated that these

practices were widespread and ongoing in the cotton sector. Given that only two articles

indicated the use of forced labor in the cotton industry in only one province, the data do not

indicatesignificantevidenceofforcedlaborinthecottonindustry,basedonUSDOL’sdefinition

of significance.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 79~

3.1.6. Tiles

The slavery scandal of 2007 in Shanxi Province also uncovered the problem of child labor in the

tile industry. However, it was not the first time Shanxi was caught in the media spotlight for

using child labor. As early as 2002, Liuwu Village, Wanrong County, Yuncheng City, Shanxi

was fined 148,000 Yuan by the Labor and Social Security Ministry for recruiting child

laborers.139

To examine the current situation of labor practices in the tile kilns, on October 28, 2008 the

researcher revisited Liuwu Village, which was notorious in the slavery scandal of the previous

year. The researcher investigated three tile kilns and interviewed one adult employee who had

been working there burning tiles for nearly 10 years. The researcher did not uncover problems of

child labor, forced labor, or forced child labor in the kilns visited.

Besides interviews with one Type 2 informant, for the purpose of this project the researcher also

interviewed one Type 1 informant140 and reviewed secondary data (news reports) published from

2003–2008 to achieve a historically sensitive assessment of the situation of child labor, forced

labor,andforcedchildlaborinChina’stilesector.Ofthesesitevisits,interviews,andarticles,

both interviews, one site visit, and two articles were found to be relevant in determination of

incidence of CL, FCL, and FL in the tile industry.

3.1.6.1. Child Labor

A journalist of the Southern Weekend reported in June 2007 that substantial numbers of child

laborers were found working in over 60 tile kilns located in Liuwu Village, Wanrong County,

Yuncheng City, Shanxi Province. Just before the police could crack down on the kilns using

these illegal labor practices, the victims of child labor were moved elsewhere by the kiln

owners.141

139 Zhu, H. (2007, June 21). Reappearance of child labor problem. Southern Weekend. Retrieved from http://www.southcn.com/

weekend/top/200706210013.htm

140 This is a journalist from Chinese Media 3.

141 Zhu, H. (2007, June 21). Reappearance of child labor problem. Southern Weekend. Retrieved from http://www.southcn.com/

weekend/top/200706210013.htm
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 80~

The Case of Child Labor in Tile Kilns of Liuwu Village142

Photographers from a TV channel recorded these shocking images. At the entrance of the

village, 60 tile kilns were lined up, showing no signs that a lunch break was about to be taken

even though it was already noon. Still, with the innocence of youth on their faces, child

laborers, no less than 20 in number as far as the reporters could tell, mostly 1.3 or 1.4 meters

tall, were working everywhere in the kilns.

These children were usually assigned to produce unburned tiles. Weighed by the reporter, the

cylindrical mould for shaping mud into tiles was about 3.5 or 4.0 kg, and these children were

lifting one every 30 seconds; in total, thousands of times a day.

These children were extremely cautious of outside visitors. Once asked their age, they would,

without hesitation, say 17 or 18, then leave. A little boy told the reporters in private that he

was 14 years old, from Yunnan Province, and was owed salaries since February. When the

reporters offered to take him away with them, he hesitated and soon was driven away by a

yelling foreman.

Mistaking the reporters for parents of missing children, this middle-aged foreman comforted

them bysaying,“Weareallfrom YunnanProvince,there’snotasingleonefrom Henan.

Perhapsyoushouldlooksomewhereelse.”

An adult worker told the reporters in confidence that all the kilns in that region were

contracted to Yunnan or Shandong people who brought those child laborers with them; some

sent by their parents, others tricked into coming. In return for their work, the foremen would

send 2,000 to 3,000 Yuan to their families at the end of the year.

In the afternoon, when the reporters left the kiln, work continued as usual. However, the next

morning when the reporters returned, all those children, surprisingly, were nowhere to be

found, and the kilns that had been busy the day before were almost or even completely

empty. Kiln workers told the reporters that the child laborers had been transferred before the

police arrived for a sweep the afternoon before, and they would not have gone far.

The reporters hurried to the village committee member for the latest information, where

dozens of kiln owners and foremen were under investigation. A police officer and labor

supervisory personnel told the reporters that the results of the initial sweep indicated no

existence of child laborers, which came as a shock.

The reporters could not find out the final results of this sweep, but unintentionally got to know

that these Liuwu tile kilns had a long history of recruiting child labor and were seemingly

immune to police raids. In 2002, they attracted the attention of the National Labor and Social

Security Department, which had urged the provincial and city governments to conduct a

thorough investigation.

Reporters of the Southern Weekend newspaper learned from the investigation reports

submitted by the county government to the Labor and Social Security Department that year

that the so-called Liuwu Village Brick and Tile Construction Material Corporation, which

openly recruited child laborers, was in fact run by the leading board members of the village

committee.

Neither this corporation nor the leading board members played a great role in the direct

management of production, marketing, or employment proceedings of the kilns. They only

collected a certain amount of money each year to cover the costs of management and other

142 Ibid.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 81~

functionaldepartments’work.Neitherthiscorporation northekilnswereregisteredfor

industrialandcommercialadministration.Allthekilnswerebasicallycontractedasa“piece

rate and foremanmanagementsystem.”

This report found that the child laborers were from Shiqiang and Yaoji towns, Shangshui

County, Henan Province, and were mostly owed salaries, overworking, and living under vile

conditions.

The report also disclosed three main reasons why the recruitment of child labor went

unnoticed/was not stopped: as a grassroots and village-level organization, not only did the

village committee fail to conduct strict management, but it attempted to obstruct police

investigations; local governments, especially county government, focused on economic

development over rigorous supervision of village enterprises; and functional departments

misplaced their work focus, charging more than supervising.

That child labor case was closed with a fine of 148,000 Yuan. The local labor supervisory

department said that a lesson must be learned, and that relevant work must be strengthened

in order to prevent such tragedies from happening again.

However, only five years later, the situation has returned. Child labor managed to revive itself

in the same place and under the same supervision, and even shows signs of spreading. What

is different now is that children are taken from Yunnan instead of Henan.

In recent years, the Shanxi government has called upon the entire province to carry out

unprecedented special action. Up to 400 workers have been rescued and properly resettled

so far, among whom children and teenagers make up a disturbing proportion. But the genuine

purpose of the related example is to ask the question of how child labor can be completely

eradicated. It is quite clear that one stormy rescue raid is far from a final solution.

In November 2008, to reexamine the problem in additional detail, the researcher interviewed the

journalist who reported the case of child labor in Shanxi tile kilns. As explained by the journalist,

routinely using child labor had become a prevailing problem, no longer triggering the interest of

local media.

Kiln coolies have been ill-treated for a long time. Local people showed me old

newspapers from 10 years ago, from which I know that several cases of labor

abuse in kilns happen every year. All cases are quite similar; that is, someone

escapes from the kiln after suffering a lot and reports it to the police station. To

the local media, stories like these were just a repetition of other similar cases,

andsotheyseemedquiteindifferent.Theydidn’texpectthatitwouldturnout

to be a big news event.

The journalist also described how large numbers of victims of child labor had been brought by a

labor contractor (bao gong tou) from poor rural regions such as Henan and Anhui provinces to

work under the close control of these foremen in the kilns of Shanxi Province.

Researcher: I’dliketoknowmoreaboutthewaychildlaborisrecruited for

kilns.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 82~

Interviewee: These children are in the same situation as those child laborers

in the Dongguan scandal. Whether they work in brick kilns, coal

pits, or toy factories in Dongguan, they have all been brought

here together and are managed in groups by labor contractors.

In some places in Yunnan and Henan, there is one labor

contractor in each village. They take the children away and

force them to work. There are even many parents who left

their village to work, and later brought their children to work

withthem,thinkingthattheywouldn’tbeabletocontinue

theirstudies.That’sthegeneralsituation in the kilns.

Researcher: When you investigated the child labor case in the tile kilns of

Shanxi, did you find some children had been kidnapped,

deceived, or lured there and forced to work?

Interviewee: In most cases, they were not necessarily kidnapped, but they

were tightly controlled. Ever since they were brought to the

kilns, they have belonged to the same small group. Usually they

stayed in the kiln and were unable to escape. Although the

living conditions were quite bad, they had no place to go, and

theygotnowages;meaning,theydidn’treceivewagesevery

month. Even though the labor contractors had promised the

children’sparentsamonthlywage of 160 to 170 Yuan, they

gave it to the parents instead of the children. The children

didn’tevenhavepocketmoney.Irememberclearlyhow I

asked a child from Yunnan if life was hard for him. He said yes.

Iaskedwhyhedidn’tgohome.Hetoldmehehad no money,

not a cent.

Researcher: So the children were actually unwilling to do the work.

Interviewee: Ibelievetheydidn’twanttoworkthere...IcouldfeelitwhenI

was there.

Echoing what the journalists reported last year, the tile-burning worker we interviewed

confirmed that there were children under age 16 who were brought by foremen from poor

villages to work at the kilns visited, until the government crackdown on illegal tile kilns in this

region in June 2007. For these foremen, it was much easier to squeeze money from children than

adult rural migrants.

Researcher: A lot of journalists came here last year because of the

child labor scandal, did you know that?
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 83~

Adult Tile-burner: Yes, they came to this tile kiln, too. But in fact, some of

the children were not child laborers. There were couples

working here who brought their children with them.

Sometimes, these children would help the parents work,

buttheyweren’thiredbytheboss.

Researcher: I see, but did these children get paid?

Adult Tile-burner: Of course not—why would they get paid? They just

helped theirparents;theyweren’thired asregular

workers. Last year, there were two children who came

here with their father and helped him work occasionally.

Some journalists took their pictures and then these kids

left.

Researcher: Where are the foremen bringing children with them

from, generally?

Adult Tile-burner: Mainlyfrom YunnanProvince.Theyweren’tcomingto

make tiles; they only brought people here to work.

Maybe because Yunnan is remote and mountainous, and

quite poor, so the foremen brought children from

Yunnantoworkhere.Butnow they’renotallowedto

bringchildren,andtheydon’tdaretoeither.Iftheygot

caught using children, they would be punished and sent

to jail.

Researcher: Do you know how much the foremen bringing children

earned a year?

Adult Tile-burner: Foremen bringing children here might get a bit over

10,000 Yuan per year. But if they brought adults, they

would get less because adults could work things out for

themselves.

Researcher: Do you mean foremen bringing children tell the children

how much they would be paid for a year, but for adults

they need to tell them clearly how much they would get

foreachtile,soit’simpossiblefortheforementoexploit

adults as much as they do children?

Adult Tile-burner: That’sright.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 84~

It would seem the crackdown launched by the Chinese authorities in 2007 had gotten rid of the

problem of child labor in the Liuwu tile kilns, at which time both the tile owners and foremen

became increasingly afraid of the heavy punishments imposed by the Government.

Researcher: How about people who make unburned tiles?

Adult Tile-burner: Before, they were mainly migrant workers from

Shandong and Henan. Now, they are mostly local people.

Researcher: Did they used to recruit children to do this work?

Adult Tile-burner: Several years ago, we would occasionally recruit child

labor. Now, not a single child is hired. The bosses are too

scared to use child labor. Using child labor is illegal, so

they would risk getting caught and fined. Since the

profits from making tiles are not very high, the boss

would not be able to afford the fine for recruiting child

laborers. The foremen who brought children here before

don’tdaretoanymore.

In conclusion, determination of CL, FCL, and FL in the tile industry in China was based on one

Type 1 interview, one Type 2 interview, a site visit, and review of two articles published in 2007

and 2008.

Site visits undertaken during this research did not reveal the presence of CL, FCL, and FL. Of

the two interviews, one was with a laborer in the tile industry and the other was with a journalist

who was the author of one of the articles reviewed. The laborer reported children accompanying

their parents (workers at the kilns) to help them in their work. Very little detail of the children

and their situation was provided in the interview, which does not allow for sufficient information

to determine the level of child labor in these kilns. In the case of the journalist interviewed, he

reported observing 20–30 instances of child labor that also met the criteria of forced child labor,

during visits to numerous kilns in one village. This journalist also mentioned direct observation

of mentally disabled adults (3–5) working at the tile kilns, but whether the conditions constituted

forced labor is not clearly specified in the interview. While the focus of the article is on child

labor working conditions, similar conditions could apply to the adults with mental disability, but

it was not clearly stated in the interview.

Of the two articles, one of the articles (by the interviewed journalist) did indicate the presence of

multiple instances (20 incidents) of child labor, and potentially of child forced labor, in one

village. This is the same village as was noted in the journalist interview. The second article, a

synthesis of other articles, did note one instance of child labor and forced child labor, but sources

were not cited and there was no direct primary observation of the case.

Based on the two interviews, a site visit, and the two articles cited, there is insufficient data to

support a conclusion of significant evidence of CL, FCL, and FL in the tile sector in China.

While numerous cases were cited by the interviewee in one village, among 20–30 children there
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 85~

was not sufficient corroboration of cases (with the exception of one) outside of this village and in

other work sites to determine significance, based on the USDOL definition of significant.

3.2. Findings for the Four Sectors without Empirical Data

Based on data drawn from secondary sources (news reports, academic works, and NGO reports)

and primary sources (Type 1 interviews), this study analyzed the incidence and nature of the

problemsofCL,FCL,andFLexistinginChina’selectronics,foundry products, grape products,

and chemical sectors.

3.2.1. Electronics

Public scrutiny against labor abuses in electronics has not ended since the Foxconn iPod scandal

was uncovered by the media in 2006. As was well documented by several news reports, forced

overtime was a routine practice at the production lines of Foxconn, where workers suffered

corporal punishment, including doing pushups and having to stand at attention for long periods.

On June 12, 2006, London-based newspaper Mail on Sunday uncovered labor abuses at Foxconn

factories,theworld’slargestmanufacturerofelectronicsandcomputerparts.Ajournalistfrom

Mail on Sunday wrote:143

The first factory we visited was in Longhua. It's a sprawling place where

200,000 people work and sleep. Zang Lan, 21, from Zhengzhou in central China,

hasworkedontheAppleassemblylineforamonth.“Thejobhereisso-so,”

ZangLansays.“Wehavetoworktoohardand I am always tired. It's like being

in the army. They make us stand still for hours. If we move we are punished by

being made to stand still for longer. The boys are made to do push-ups...We

have to work overtime if we are told to and can only go back to the dormitories

whenourbossgivesuspermission....Iftheyaskforovertime,wemustdoit.

Afterworking15hoursuntil11.30pm,wefeelsotired.”

On June 15, 2006, a Chinese reporter of First Financial Daily wrote two more detailed reports

onsubstandardlaborconditionsdiscoveredatFoxconn’selectronicsfactoriesinShenzhenand

Kunshan cities, based on factory investigations:144

There are no stools in the production lines, and all the operators except a few

of them have to stand working 12-hour-long shifts and are forbidden to talk.

The management believes that having stools and allowing people to talk will

affectefficiency.What’sworse,theoperatorsarealsoaskedtostayforthe

eveningmeetingafteraday’swork.

143Anonymous.(2006,June12).ThestarkrealityofiPod’sChinesefactories.Mail on Sunday, Retrieved from

http://www.mailonsunday.co.uk/news/article-401234/The-stark-reality-iPods-Chinese-factories.html#

144Wang,Y.(2006,June15).Foxconn’sworkers:Machinepunishyoutostandworkingfor12hours.First Financial Daily.

Retrieved from http://news.163.com/06/0616/10/2JNV76P00001124J.html.Seealso,Wang,Y.(2006,June22).Foxconn’s

resigned female worker in Kunshan city: Low base wage and high benefits. First Financial Daily. Retrieved from

http://finance.sina.com.cn/g/20060622/02452671054.shtml
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 86~

Theworkersmustreturntotheirdormsthroughthe“sidewalk”inthefactory

when off duty, even though there is no truck passing through. Whoever forgets

to pull up the computer plug after work will receive a fine of 1,000 Yuan.

A dozen female workers in the production line begin to assemble components

while sitting on the low stools at 8:00 every morning. They must put their

stools in a line, or they will be scolded by the managers. Workers here are not

allowed to talk or use cell phones.

SincetheFoxconnscandalcaughtthemediaspotlightin2006,laborabusesinChina’s

electronics sector have been intensively scrutinized by journalists and labor rights NGOs. These

labor rights NGOs have been conducting investigations consistently on the labor practices of

supply factories of well-known, brand-name companies in the electronics sector, such as

Motorola, Dell, Hewlett-Packard, and others. Forced overtime and the use of child labor are the

twomainpublicallegationsoflaborabusesinChina’sexport-oriented electronics factories.

ToexaminetheincidenceofCL,FCL,andFLinChina’selectronicsindustry,theresearcher

interviewed three Type 1 informants145 and reviewed secondary data (news reports and NGOs

reports) published from 2003–2008. After analyzing the data collected for this project, the

researcher found that 13 media and NGO reports corroborated the existence of CL, FCL, and FL

(forced overtime) in the electronics industry of Guangdong Province from 2006–2008.

Interviews with the Type 1 informants also confirmed the use of child laborers in Guangdong

electronics factories in 2008.

3.2.1.1. Child Labor

After reviewing secondary data, a case of child labor was uncovered in a report published in

2007 by Students and Scholars Against Corporate Misbehavior (SACOM), a labor rights NGO

based in Hong Kong. In 2006, SACOM examined the labor practices at a Shenzhen-based

electronics factory supplying computer power-supply devices for Dell, Acer, NEC, Siemens,

Samsung, Fujitsu, Motorola, and others. Various labor rights violations were released to the

public in February 2007, including the use of child labor, restrictions on the freedom of

employment, excessive compulsory overtime, and extravagant punitive fines imposed on

workers. With regard to the issue of child labor,SACOM’sreportdisclosed the following:146

Though Chinese labor law prohibits the employment of children under age 16,

child labor is a standard practice at Yonghong Electronics. SACOM interviewed

25 workers from Yonghong, including seven underage workers. All the

interviewed workers testified that Yonghong employs children under age 16.

SACOM thereafter confirmed workers’commentswithYonghongsecurityand

personnel officers. According to one worker with three years of experience at

145 These are with Community Group 3, Overseas NGO 5, and Overseas NGO 1.

146 Students and Scholars Against Corporate Misbehavior. (2007). Clean up your Computer Campaign: Yonghong Electronics,

Shenzhen, China, 3–7. Retrieved from http://sacom.hk/wp-content/uploads/2008/09/yonghongelectronicsreport_eng.pdf
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 87~

the site, Yonghong has hired children throughout the previous three years

during which the worker has been employed.

What is more, Yonghong actively recruits children through highly suspicious

arrangements with schools. The recruitment of workers in July 2006 included a

substantialnumberof“studentapprentices”betweenage14and15.These

students were mainly from Kai Fung of the Henan and Shanxi provinces.

Though some of the students thought they were only there for the summer,

approximately half of the 200 underage workers in the Manufacturing II

workshop were transferred to other workshops in mid-October 2006.

The poverty that forces some children to seek employment in factories and miss

out on school is tragic enough. However, students at Yonghong have not even

had the luxury to freely choose employment. The student workers SACOM

interviewed all said they were exhausted and wanted to return home to

continue their studies. For the first three months of employment at Yonghong,

they received only 27.5 Yuan a day in income. At the end of three months, their

income was raised to 32 Yuan aday.Thestudentworkers’savingsarepaltry

once they deduct expenses for food and accommodation. Most express their

desire to quit their jobs and return to school.

In May 2008, SACOM published a follow-upreportonworkingconditionsinChina’s

electronics hardware sector. The factory, which was caught using work-study students under age

16 in 2006, had suspended this practice soon after SACOM published the report. In its 2008

report, SACOM released that the factory had altered its recruitment policy to abide by Chinese

legislation:147

In the summer of 2006, SACOM researchers testified that Yonghong had been

hiring child workers under age 16, with the youngest being only 14 years old.

Most of these child workers were students from rural villages in Henan and

Shanxi provinces who had either come to Shenzhen or had been sent directly to

Yonghong for summer jobs. By mid-October 2006, when the new semester had

started, more than 100 child and student workers continued working.

In late December 2006, SACOM suddenly lost contact with all seven of the

Yonghong child workers. SACOM suspected that Yonghong had laid off the

child workers after the publication of the report in November 2006. We were

concerned about whether the children received due wages, overtime

premiums, and economic compensation. More importantly, we were unable to

determine whether each and every child worker had been able to return home

safely.

147 Students and Scholars Against Corporate Misbehavior. (2008). High tech—no rights? A one year follow-up report on working

conditionsinChina’selectronichardwaresector, 11. Retrieved from http://sacom.hk/wp-content/uploads/2008/07/report-hightech-no-rights-may2008.pdf
Summary Report: Child Labor, Forced Labor,

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Between February 2007 and March 2008, SACOM revisited the Shenzhen-based

Yonghong. At that time, child workers and underage students no longer

seemed to be working. Teenagers between age 16 and 18 and adult workers

over age 18 all informed us that Yonghong now strictly checks identification

papers and school diplomas. Any new workers employed by Yonghong must

now be at least 16, as stipulated by Chinese law.

As reflected by the successful case of ending child labor, growing media exposure and NGO

campaigns can exert pressure on employers to cease the illegal practice of hiring child laborers.

However, according to the interview with a Type 1 informant from a community-based labor

rights NGO,148 the problem of child labor has not been eliminated completely in the electronic

workshops of Shenzhen as of 2008.

Interviewee: I began to work after graduating from high school in 1997 when

I was 16 years old—mainly in Guangzhou, Shenzhen, and the

Pearl River Delta area.

Researcher: How many factories have you been in altogether, those you

have worked in?

Interviewee: No less than 10 factories, producing plastic, electronics,

hardware, paper, etc. I used to work in a plastic electronics

factory where I found several workers who were just 14 or 15

years old.

Researcher: Among all the factories you have worked in, which kind of

factory do you think is more likely to use child laborers?

Interviewee: Normally smaller private enterprises, which have a few dozen

or hundreds of workers, are more likely to do so.

Researcher: You just said that you would always find at least one or two

child laborers each time you went to a factory?

Interviewee: Basically; the small enterprises I went to have 200 workers or

so, and they all have this problem.

Researcher: Did these child laborers just find the job by themselves?

Interviewee: No,thefactorieswon’tusuallyemploythemunlesstheyknow

someone if the children are too young. Normally, some people

or someone from the same village brings them to the factory.

148 Type 1 informant is from Community Group 3.
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Researcher: I heard that your organization conducted an investigation on

child labor this past April. What did you find?

Interviewee: It was carried out in Shenzhen.

Researcher: How many factories did you investigate?

Interviewee: About four or five.

Researcher: What kind of factories were these four or five that you

investigated?

Interviewee: Plastic, electronics, and hardware. I investigated two, and my

colleagues investigated the others.

Researcher: Can you tell me what the two factories you investigated were

like?

Interviewee: They produce plastic, electronics, electric bicycles, that sort of

thing.

Researcher: Did they use many child laborers?

Interviewee: I found many child laborers in one factory, nearly 10 I think.

The factory is not very large, probably only 500 or 600 workers,

making electric bicycles. I found the problem of child labor by

chance, and then I went into their factory, worked there for

several days so as to know labor practices.

Researcher: How old were these child laborers you met in this factory?

Interviewee: Some of them were as young as 13 or 14, most of them came

from Sichuan.

Researcher: Are they ethnic minorities?

Interviewee: No,they’renot.Buttheirhometownsarepretty backwards and

theycouldn’tearnenoughathome,sotheyquitschoolata

very young age and began to earn some money because their

families were very poor.

Researcher: The people who introduced these child laborers would get

some part of their payments, right?
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Interviewee: I heard that it worked like this: the introducer took money out

of their wages, while these workers received 3, 4, or 5 Yuan per

hour.

Researcher: Did child laborers hand the money to the introducer after they

got their payment from the employer, or was the money

deducted before they actually got paid?

Interviewee: It was deducted before they got it. The factory would hand it

directly to the introducer.

Researcher: Do you know for how long these children worked there?

Interviewee: When I did the investigation in April and May 2008, the child

laborers there had only been working for one or two months. I

went there, and one or two months is a very short period of

time.

Researcher: But they were still working there when you left?

Interviewee: Yes.

3.2.1.2. Forced Child Labor

The report published in 2007 by SACOM also uncovered the problem of forced child labor in

2006 at the Shenzhen-based electronics factory, which supplies computer power-supply devices.

These victims of child labor were reported to be subject to both menace of penalty and coercion.

However, the follow-up report published in 2008 by SACOM showed that the company found to

be hiring forced child labor in 2006 had suspended this illegal practice. The following

information relates to the 2006 report and appears to no longer be an issue at this particular

factory.

An example of menace of penalty was disclosed in a SACOM report—forcing workers to work

overtime for excessively long hours by means of heavy fines:149

Workers express awareness of being exploited. Some of them want to quit yet

feel they cannot afford to lose the wages. All the interviewed workers voiced

complaints of fatigue and a lack of leisure time. Yet they feel forced to work

excessive overtime since Yonghong imposes severe fines on workers if they

refuse to work overtime or do not meet production quotas.

149 Students and Scholars Against Corporate Misbehavior. (2007). Clean up your Computer Campaign: Yonghong Electronics,

Shenzhen, China, 7, 8, 11. Retrieved from http://sacom.hk/wp-content/uploads/2008/09/yonghongelectronicsreport_eng.pdf
Summary Report: Child Labor, Forced Labor,

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Several examples of coercion and coercion of children were documented in the SACOM

report—debt-bonded status, retention of identity documents, excessively long working hours,

and not being able to attend school because of work:150

 Even though these student workers want to quit, they continue to toil away at Yonghong.

From interviews, we believe many of these students were sent to the factories by schools.

The students’familiesowemoneytotheschoolsfortuitionandschoolfees,andsothe

schools send students to factories. One arrangement is, for example, that Yonghong sends

halfofthestudents’incometotheschooltopayoffdebts.Thestudentsreceivetheother

half to pay their living expenses in Shenzhen. Debt is widely recognized as a serious

restriction on the freedom of employment and a form of bonded labor; at Yonghong,

children work to pay off debts. They have neither the freedom to choose their employer

nor to choose what portion of their wages goes to their debtor. In a situation like this,

there is a high risk that employers and schools will manipulate debts to their advantage to

prevent child/student workers from exercising their rights.

 Examples of this manipulation are rampant at Yonghong. For example, the instructor of a

village school in Kai Fung, a city in Henan Province, withheld the employment

agreement and identity papers of one of the students sent to Yonghong to prevent them

from quitting after the summer. If this child ever wants to have their identity papers

returned to them, they must toil away and have payments sent to their school until the

instructor is satisfied. Though these arrangements are entirely against Chinese law, the

student worker will have difficulties defending their rights without either identity papers

or a document to validate the terms of their employment agreement.

 SACOM talked to three underage student workers who were high school grade II

students from Yong Zhou, located in the Hunan Province. The 14- and 15-year-old

students were brought by a schoolteacher with falsified identity papers to work at

Yonghong. They thought they were going to a summer job, scheduled to end in midSeptember. It was only when their teacher failed to return at the end of the summer that

theyrealizedthattheywerestuckatYonghong.Onestudentsaid,intears,“Wearejust

students. We want to go home. The factory does not let us go. They do not approve our

requests to resign. I want to go hometostudy.Idon’twanttoworkinthefactory.We

workovertimeeverynightuntilverylate.Theyjustraisedthedailyproductionquota...”

Anotherstudentcontinued,“Nowwehavetofinish300pieceseveryday.Thereisno

way for us to meet the quota. So we have to work overtime. But we are not paid for

overtimework.Thenextmorning,wehavetogetupandworkagain...”Thethree

underage workers said their school and families were aware of their situation but felt

helpless to do anything. SACOM discovered another group of underage student workers

who were less willing to explain their situation. Their schoolteacher was renting a room

in the neighborhood and met the students every day before and after work at the gates of

the factory. Those students told SACOM they want to return to school but have to have

the permission of their teacher and management to go home.

150 Ibid, pp. 3–7.
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3.2.1.3. Forced Labor

Compulsory overtime has been documented in numerous NGO reports as a problem of forced

labor. Between April and June 2006, SACOM conducted field research at a Shenzhen-located

factory that produces cellular phone screens for Motorola, and there uncovered the problem of

forced overtime:151

Workers typically work 10–12 hours a day, including 2–4 hours of overtime,

and they have no day off on Saturday or Sunday. As a result, overtime exceeds

160 hours per month, in serious violation of the legal limit of 36 hours overtime

per month.

The factory also uses many different means to force workers to work overtime.

For example, the factory delays and deducts wages, cuts the full attendance

bonus, and more, so that workers dare not resist. The excessive working hours

also mean that workers are exposed to hazardous chemicals even longer, with

less time to recover. This is one of the primary causes of the tragic occupational

poisoning, and this could also trigger many more cases of chemical poisoning in

the future.

The factory not only forces workers to work excessive overtime hours, it also

forbids workers to resign. The factory previously prevented workers from

resigning by deducting wages. Since April 2006, the factory has used the excuse

ofa“trainingfee”:workersresigningwithinthefirstthreemonthsmust“pay”

a 300 Yuan trainingfee,andafterthreemonthstheymust“pay”500Yuan.

Suchembezzlementofwagesanddeprivationofworkers’righttoresignis

obviously another serious violation of Chinese labor law.

Another report released by SACOM in 2007, based on investigation of the Shenzhen-based

electronics factory producing computer power-supply devices, also documented the problem of

excessive and compulsory overtime:152

For 22 days per month, workers work a standard day of eight hours starting at

7:30, finishing at 17:00, with one hour for lunch. Yonghong frequently requires

another three to five hours of overtime, beginning from 17:40. At peak season,

overtime is sometimes extended through the night.

If workers do not meet production quotas, they have to work overtime until

they meet the quota. Some workers find themselves working after midnight;

they are forced to start the same routine the very next morning.

151 Students and Scholars Against Corporate Misbehavior. (2006). Hivac Startech Film Window (Shenzhen) Co., Ltd.: An

investigative report on labor conditions, 6. Retrieved from http://sacom.hk/wp-content/uploads/2008/07/english-report-aug2006-

hivac-startech.pdf

152 Students and Scholars Against Corporate Misbehavior. (2007). Clean up your Computer Campaign: Yonghong Electronics,

Shenzhen, China, 7, 8, 11. Retrieved from http://sacom.hk/wp-content/uploads/2008/09/yonghongelectronicsreport_eng.pdf
Summary Report: Child Labor, Forced Labor,

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During the period when SACOM was observing Yonghong, management raised

the quota for some workshops from 2,200 pieces to 2,500 pieces per day,

seriously upsetting workers. A trimming worker was required to raise his speed

to 90 pieces per hour. Starting from 7:30 to the time he punched out of work at

midnight, he needed to trim 1,080 adapters. Most workers could not finish the

quota before midnight and were working until 3:00 in the morning.

Workers express awareness of being exploited. Some of them want to quit yet

feel they cannot afford to lose the wages. All the interviewed workers voiced

complaints of fatigue and a lack of leisure time. Yet they feel forced to work

excessive overtime since Yonghong imposes severe fines on workers if they

refuse to work overtime or do not meet production quotas.

Managers require workers to work long hours of overtime through the

weekends, without days off during the peak season. Naturally, workers need

rest. However, workers are punished severely if they miss work without

permission.Forexample,workerssufferdeductionsofthreedays’wagesand

bonuses equivalent to 232 Yuan if they miss one day of work, and another 182

Yuan for every day missed continuously after the first day. This effectively

prevents absenteeism since workers will lose a substantial portion of their

monthlyincomefromjusttwodays’absence(totalof414Yuan).

In conclusion, determination of CL, FCL, and FL in the electronics industry in China is based on

three Type 1 interviews, and review of 13 articles and reports, published from 2006 through

2008. No site visits were conducted in the electronics industry.

With regard to child labor, because of the number of articles and reports reviewed, these are

considered first. Of the eight articles and reports with information on child labor, three of the

articles and reports indicated the presence of child labor in three different factories in Dongguan,

Guangdong Province, and one article indicated the presence of such practices in another factory

inJiangxiProvince.Oneofthearticlesreportedona“rescue”of100underageworkers,between

age 13 and 15, by the Chinese Government, but also indicated an ongoing problem after the

rescue. Three of the articles and reports indicated instances of child labor in Shenzhen, in

Guangdong Province. However, two of the reports indicated evidence of child labor at

Yonghong Electronics factory in 2007, and a follow-up report from May 2008 demonstrated that

this particular factory in Shenzhen no longer employed underage workers and had taken steps to

protect against child labor.

Of the three interviews, all touched on the subject of child labor. One was with a legal assistant

who performs investigations on labor practices, including child labor, and the other two were

with NGO workers in the labor field. The legal assistant reported visiting an electronics factory

in Shenzhen in April 2008, where 10 underage children, out of a factory of 500–600 employees,

were working. Little detail of the children and their situation was provided in the interview,

which does not allow for sufficient information to characterize the conditions of child labor in

this factory. The NGO workers interviewed also did not give sufficient information to

characterize the conditions of child labor in the electronics industry. One NGO worker gave
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

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information about the phenomenon of children being illegally recruited through work-study

programs to work in factories, but did not say with certainty whether this occurred in the

electronics industry, or give any indication as to the scope of the problem. The other interviewee

mentioned an April 2008 investigation by the NGO the interviewee works for, which uncovered

child labor practices in a Motorola electronics factory, but did not give any details with regard to

the evidence.

With regard to forced child labor, the same articles that indicated child labor in four different

factories in Dongguan City and in Jiangxi Province also indicated evidence of forced child labor.

The reports on these events indicated that criteria for forced child labor was met through menace

of penalty and coercion of children (physical confinement and sexual violence), and involuntary

nature of work (slave-like conditions, sale of children, and withholding of wages).

With regard to forced labor, four articles indicated the presence of forced labor in factories in

Shenzhen and Longhua in Guangdong Province, in Suzhou in Jiangsu Province, and in Kunshan,

outside of the city of Shanghai. The factories in Longhua and Suzhou employed 200,000 and

150,000 workers, respectively. In these cases, the workers experienced compulsory overtime and

withheld wages (involuntary nature of work), and physical abuse and financial penalties (menace

of penalty). Additionally, an NGO report from February 2007 indicated the presence of forced

labor at a Yonghong electronics factory in Shenzhen (which also demonstrated evidence of child

labor, as mentioned previously). The follow-up report from May 2008 demonstrated that the

factory no longer employed underage workers and had taken steps to protect against child labor;

however, the condition of compulsory overtime remained present.

In summary, the data gathered support a conclusion of significant evidence of CL, FCL, and FL

intheelectronicssectorinChina,basedonUSDOL’sdefinitionofsignificance. With regard to

child labor and forced child labor, four articles by credible and major newspapers indicated

multiple instances of these phenomena in two different provinces, one of which was corroborated

by two sources. With regard to forced labor, four articles indicated the use of forced labor

through the involuntary nature of work (compulsory overtime and withheld wages), as well as

menace of penalty (physical punishment and financial penalties) in two provinces and outside the

city of Shanghai.

3.2.2. Foundry Products

Formanyyears,China’sfoundry(metal,plastic,glass,andother)industryhasbeencriticizedfor

substandard labor practices (including the use of child labor) and high numbers of deadly

industrial accidents and injuries. In 2007, 32 workers were killed when a huge tank containing

red-hot molten steel collapsed at a workshop belonging to the Ginghe Special Steel Company,

situated in Tieling of Liaoning Province. In the same year, 20 workers died in a molten

aluminum overflow incident at an aluminum casting factory belonging to the Weiqiao Company,

located in Shandong Province.153 Moreover, workers in the plastic casting factory were reported

frequently as victims of serious industrial injuries. It was reported in 2004 that industrial

machinery crushed or severed the arms, hands, or fingers of about 40,000 Chinese workers every

153 Anonymous. (2007, September 21). Shandong Huayuan coal mine flooding accident killed 172 people. Retrieved from

http://news.sina.com.cn/c/2007-09-21/123213943344.shtml.
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year. A majority of these accidents occurred in metalworking and electronics plants with heavy

stamping equipment, shoe and handbag factories with leather-cutting equipment, and toy

factories and industrial plastics plants with blazing hot machinery.154

To examine the incidence of CL, FCL, and FL in China’sfoundryindustry,theresearcher

interviewed one Type 1 informant155 and reviewed secondary data (news reports) published from

2003–2008. The researcher interviewed a worker at the Panyu Service Center for Peasant

Workers in Guangdong Province, who had helped two injured child laborers in April and

May 2008. These child workers, both of whom were under age 16, injured themselves at two

different metal factories in the Guangdong and Fushan provinces.

In addition to this interview, the researcher found, after analyzing secondary data collected for

this project, six news reports had corroborated the existence of child labor and forced child labor

in the glass-foundry industry of Shanxi Province from 2003–2005, and the existence of child

labor in the plastic-foundry industry of Guangdong Province from 2005–2008. No evidence of

forced labor is documented through secondary data sources collected for this project.

3.2.2.1. Foundry (Glassware) Child Labor and Forced Child Labor

In 2005, a 15-year-old worker named Duan Huidong was beaten to death by a manager of the

Baocheng Glassware Factory, located in Qi County of Shanxi Province. Afterward, Qi County,

whichismostlikelyChina’slargestcenterofhand-blown glassware, became infamous for its

consistent illegal practices of using child labor.

The Death of Duan Huidong, One Victim of Child Labor in Glassware

Factories156

DuanHuidongwasfrom apoorfarmer’sfamilyinQiCountyofShanxiProvince.Hisfather

died of leukemia in 2000, leaving a debt of 70,000 Yuan tothefamily.In2004,Duan’solder

brother was admitted to a technical secondary school, requiring 4,000 Yuan or more to cover

annual expenses.

In 2005, when Duan Huidong was in his first year of junior high school, he decided to drop out

and take a job in order to support his brother. He found a job in the Baocheng Glassware

Factory five miles away from his home. Beginning August 6, 2005, 15-year-old Huidong and

six other children left home at 4:30 a.m. every morning to work for a salary of 25 Yuan a day.

Hisworkwasto“makesmallbubbles”(dippingthemeltingglasswithironpipesandblowing

into them to make different shapes); a job which could easily hurt people. Seven days later,

Duan Huidong, who had not yet familiarized himself with the job, was assaulted and killed by

a workplace manager.

According to the investigation by the Public Security Bureau of Qi County, when a workplace

154 Johnson, T. (2004, April 18). Pressure to produce is leading to maiming of Chinese workers. The Philadelphia Inquirer, pp.

E02.

155 This is with Community Group 1.

156 Yunling, L., & Zhao, W. (2005, September 20). The death of a child laborer: Investigation on illegal child labor in glass

industry at Qi County in Shanxi. Xinhua News Agency. Retrieved from http://news.xinhuanet.com/politics/2005-

09/20/content_3515075.htm. See also, Feng, J. (2007, July 12). Child labor problem alarming Chinese society. Beijing Weekly.

Retrieved from http://www.beijingreview.com.cn/zgsy/txt/2007-07/10/content_68607.htm
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manager, who happened to be the younger brother of the factory owner, saw Duan Huidong

quarrelling with another male worker, he grasped a pair of big, sharp pliers and threw it

toward Duan, in an attempt to stop the quarrel. Unfortunately, the sharp end pierced Duan

Huidong’schest,seriouslyinjuringhim,leadingtohisdeathsixhourslater.

However,DuanHuidong’stragic story is merely the tip of the iceberg of child labor in the

glassware factories of Qi County. As early as 2002, Chinese newspapers began repeatedly

exposing the illegal employment of child laborers at glassware workshops. According to the head

of the Bureau of Labor and Social Security of Qi County (which holds the largest artificial glassblowing base in China), among the 160-plus glassware factories in the county, between 20 and

30 workshops were caught illegally employing child laborers. In 2004, for example, 115 child

laborers in this county were sent back home by the county authorities. Concerning the labor

practices in recent years, the chief officer of the Supervision Bureau of the Department of Labor

and Social Security of Shanxi Province pointed out the following: although the number of

children hired illegally had been reduced, many factory owners still employed many child

laborers for the sake of profit under terrible working conditions, where these child workers were

often scolded, beaten, and abused.157 Two weeks afterDuanHuidong’scase,onsiteobservations

by undercover journalists confirmed the continued use of child labor in these glassware

factories:158

When we came to Qi county two weeks after the accident, reporters found out

that although Baocheng Factory had been closed, there were almost 20

workers still laboring in another glassware factory hundreds of meters away;

most of them were obviously fragile and thin child laborers.

The reporter saw over 10 children around a furnace that looked like an

“alchemyfurnace.”Somewereblowingtheglasswithanironpipe,somewere

cleaning up the tools, and some were moving materials. There were three or

four girls among these children, doing the same job as the boys. It was

extremely hot and dry in the workshop, and the temperature was at least 50

degrees Centigrade [122 Fahrenheit], a temperature that normally makes

people feel suffocated within three minutes. When the reporter asked several

children about their age, all replied 17 or 18 years old; when asked about their

birth year, they thought hard before answering evasively. The young man who

stoppedourreportersaidthattheywerejust“kidswhofollowedtheirparents

tohavefunintheworkshop.”

Although the craft in the glass factory was easy, the child laborers still made

mistakes from time to time, which resulted in burning themselves or getting

beaten by the foreman. A doctor from a local public health center said that

children who were burned while blowing glass were sent here every year, and

157 Yunling, L., & Zhao, W. (2005, September 20). The death of a child laborer: Investigation on illegal child labor in glass

industry at Qi County in Shanxi. Xinhua News Agency. Retrieved from http://news.xinhuanet.com/politics/2005-

09/20/content_3515075.htm

158 Ibid.
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many of them were very young. In fact, usually after getting hurt, many

children would be sent to the nearby small clinics or the community hospital

first; many glass factories even had medicines stored especially for burning

accidents, letting the child laborers deal with the injuries themselves.

The case of Duan Huidong and follow-up news reports also demonstrated the

incidence of forced child labor in the glass-foundry industry of Shanxi Province

in 2005, where both the element of menace of penalty and that of coercion of

children were documented. Children under 18 working in glassware factories

were beaten by the foreman for making mistakes and engaged in hazardous

work that put them at risk of serious injury.

3.2.2.2. Foundry (Plastics) Child Labor

Factories casting plastic products also face public scrutiny for possible labor abuses, especially

for high occurrences of work-related injuries. As analyzed by Li Qiang, executive director of

ChinaLabourWatch,“workinjuriesoftenhappenatmetalworks and at manufacturers of

furniture and plastics products, where molding machines and saws are often used. After laboring

at the same routine at such intensity for such long hours, many workers often become exhausted

and,asaresult,accidentshappen.”159

In recent years, allegations of illegal employment of children in plastics factories, especially

work-study students during summer vacation, have increased significantly in the Guangdong

Province. In 2005, it was reported by Southern Daily that one plastics factory in the town of

Changan, located in the city of Dongguan, recruited a good many work-study students, many

under age 16. Xiaojin, a 15-year-old boy, was given four slaps across the face and had his hair

pulledfor“clumsyhandsandbeingincapableofwork.”Manychildworkersunderage16had

also been beaten by foremen. These children told the reporter they were students of the primary

and junior high schools of Guanqiao and Ligang, towns in the Huazhou County of Guangdong

Province. A vice principal of a junior high school in Huazhou organized over 100 of these

students to work at the factory. Among these children, the youngest was 12 years and the oldest

was 17. Student workers told the reporter that they came to the factory to earn money to help pay

for tuition, but many of them planned to quit, unable to stand the long 13.5 hours per day, 7 days

per week, and the physical abuse often imposed by foremen.160

In August 2007, it was reported that a 16-year-old junior high school student, Xiaowen Liang,

lost her life after working for only two weeks at Pushen Plastics Products Company in the city of

Dongguan.

159 Cui,V.,&Huang,K.(2006,May1).China’sneglected“untouchables”:Exploitedbyemployersandignoredbysociety,

migrant workers are deemed the lowest of the low. South China Morning Post. [Retrieved from Lexis Nexis].

160Child labor in large quantity recruited in a Dongguan factory, works 12 hours a day, beaten if clumsy. (2005, August 2).

Southern Daily. Retrieved from http://society.northeast.cn/system/2005/08/02/050097554.shtml
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The Case of Xiaowen Liang161

In June 2007, more than 300 junior high school students of

the South China Electrical and Mechanical Engineering

School, located in Maoming City, were organized to go to

factories in the cities of Dongguan and Shenzhen to work as

work-study students.

Xiaowen Liang was one of these students; she wanted to

earn money to pay for her tuition because the recruiter had

promised that each student could earn 900 Yuan per month.

NotonlywasXiaowen’sfamilyextremely poor, her father

was also paralyzed and bedridden, and her mother earned

only about 200 Yuan each month by doing odd jobs to

support the whole family. Xiaowen Liang, died on

July 27, 2007

On the evening of June 24, Xiaowen, together with her 30 classmates, some of them under

age 16, got on a bus bound for Dongguan. On the bus, a teacher from the school charged

165 Yuan for each student, saying 85 Yuan was for the bus fare and 80 Yuan for the jobintroducing fee. On June 26, Xiaowen and her classmates began to work in Pu Sheng Group

Co., Ltd., a Dongguan plastics factory.

“Wewereaskedtogototheoil-paintingworkshopdirectly,havingnotrainingorinstruction,”

saidLiangChunmei,Xiaowen’sclassmate.“Afterwatchingtheworkersworkforawhile,

Xiaowen and I were sent to the assembly line. I was in charge of cleaning the machine parts

and Xiaowen worked on sand blasting. I worked the day shift while she worked the night

shift.”

Student workers were required to work 11 hours per day, 7 days a week, and were paid 824

Yuan for the whole month. Although many production materials in the plastics factory were

poisonous, student workers received no training or instructions related to occupational health

orsafety,anddidnothaveanyprotectiveequipmentlikemasks.“Thereweremanyplastic

products in the workshop. When we first entered it, we almost could not breathe because of

the stinking smell. Later, we seemed to haveadaptedtoit,”saidLiang Chunmei. Miserable

times followed. Many student workers began to show cold symptoms, some had fevers,

othersfeltchesttightness,andsoon.“Igotacoldafterseveraldaysofworkingthereand

then began to cough after that. I managed to get permission to leave and went to see the

doctoronlytofindoutthatIhadgottenbronchitis,”LiangChunmeisaid.“Ihadneverhad

such kind of disease, and after I found that out, almost all my classmates around me got sick

too.”

However,Xioawen’sdiseasewasthemostserious.Atfirst,sheonlyhadthecoldandafever.

On July 8, she collapsed beside the assembly line. Her classmates helped her back to the

dormitory and brought her to see the doctor. She was not sent to the hospital until two days

later when her elder sister came. By then, Xiaowen, who had had a persistent high fever for

three days, become unconscious and her body constantly convulsed. The local hospital

161 Summer vocation worker turned to be dead child laborer: Grade three school girl dead in the factory. (2007, August 8). News

Fast. Retrieved from http://www.yznews.com.cn/zhxw/2007-08/08/content_891112.htm
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 99~

diagnosed her sickness as viral encephalitis.

By July 18, Xiaowen’sconditionhadworsened.Herfamily,whocouldnotaffordthecostof

treatment, had to transfer her to a hospital in their hometown to receive conservative

treatment.“Wefoughtforalongtime,buttheysaidthatmydaughterhadonlyworkedfora

few days and then gave us 135 Yuan asthewage,”Xiaowen’smothertoldthereporterwith

tears in her eyes.

On July 27, the hospital declared Xiaowen dead, resulting from “viralencephalitis,respiratory

paralysis,andpneumonia.”

In May 2008, the story of 15-year-old Ruichuang Ye, a boy who was severely injured while

working at Hongsen Plastics Factory in the town of Humen, Dongguan, made headline news.

The Case of Ruichuang Ye162

After the Spring Festival of 2008, a just-turned-15-years-old

Ruichuang Ye was introduced by his uncle to work at

Hongsen Plastics Factory, located in Humen Town in

Dongguan City. At about 7:00 in the morning of March 31,

2008, while Ruichuang was operating the molding machine

(bie ji), his right palm was suddenly cut off by the machine.

“Aproductwasstuckinthemachine,so I tried to pull it out.

SuddenlythemachineclosedandthenIknew nothing,”

Ruichuang told the reporter. The boy had been working for

nearly 12 hours all night, and had been doing so for half a

month already.

However, when revisiting the factory one month later, the

reporter was astonished to find the machine which had

injured Ruichuang Ye still running. The operator on duty

lookedquitechildlikeandtoldthereporter,“Myfamilyname

isLiu,andIam15now.”

Thefactoryownerjustifiedhimselfbysaying,“Hehasbeen

in the factory for just a week, but has not given me a copy

ofhisIDcard,soIdon’tknowifheisachildlaborer.”

Ruichuang Ye, was injured on

March 31, 2008

In conclusion, determination of CL, FCL, FL in the foundry industry in China is based on one

Type 1 interview and a review of six articles, published from 2005 to 2008. No site visits were

conducted for the foundry sector (which includes factories that produce metal, glass, and plastic).

The data indicate a demonstrated pattern of child labor and forced child labor abuses in the

foundry sector in Guangdong, Shanxi, and Fushan provinces. There is no evidence of forced

labor in the foundry industry.

With regard to child labor, evidence from an interview with a community group member and six

articles provided evidence for this practice in the foundry industry. The researcher interviewed a

162 Ping, L. (2008, May 1).A boy got his hand cut when operating machine, replaced by another child laborer. Southern

Metropolis Daily. Retrieved from http://news.sohu.com/20080501/n256613664.shtml
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 100~

worker at the Panyu Service Center for Peasant Workers in Guangdong Province, who had

helped two injured child laborers in April and May 2008.These child workers, both of whom

were under 16, injured themselves at two different metal factories in the Guangdong and Fushan

provinces. A review of six articles also demonstrated the existence of child labor abuses in

plastics and glass factories in Shanxi and Guangdong provinces. In 2005, approximately

100 child workers, some as young as 12 years, were found in a plastics factory in Liwu Village

in Guangdong Province, having been recruited to work at the factory bytheirschool’svice

principal. In 2007, approximately 300 child workers were found in at Sheng Pu Group Co., Ltd.,

a plastics factory in Dongguan. Three articles also referenced a 2008 incident, in which a 15-

year-oldboy’shandwasseveredasaresultof an accident at Hongsen Plastics Factory in

Dongguan. Another article referenced an incident in 2005 during which a 15-year-old worker

was killed by his supervisor at a glass factory in Shanxi Province; this factory also employed

approximately 20 other child laborers.

With regard to forced child labor, three of the aforementioned articles indicated the presence of

this practice. The aforementioned incident from 2005, which involved 100 children in Liwu

Village, included evidence of forced child labor practices, such as unpaid/withheld wages

(involuntary nature of work), and long hours and physical abuse (coercion of children and

menace of penalty). Forced child labor practices were also evident in the incident at Sheng Pu

Group Co., Ltd., wherein children were subject to long working hours and hazardous work

(coercion of children), deception regarding the terms of work (involuntary nature of work), and

withheld wages and physical confinement (menace of penalty). In addition to the death of a 15-

year-old worker, the article about the glass factory indicated forced child labor practices such as

hazardous conditions (coercion) and physical abuse by foremen (menace of penalty).

The interview and the six reviewed articles did not offer any evidence of forced labor. Therefore,

this report cannot make a determination on the practice of forced labor in the foundry industry in

China.

In summary, the one Type 1 interview and six relevant news reports provide considerable data to

support a conclusion of significant evidence of child labor and forced child labor in the foundry

sectorinShanxi,Guangdong,andFushanprovincesinChina,basedonUSDOL’sdefinitionof

significance. An interview with a community group member and articles that identify four

different factories using child labor in three different provinces demonstrate child labor practices.

Three articles also point to practices of forced child labor in three of these four factories.

3.2.3. Grape

ToexaminetheincidenceofCL,FCL,andFLinChina’sgrapeindustry, this research reviewed

secondary data (three news reports), published from 2003–2008, and found a single case

constituting both child labor and forced child labor in the grape industry of Zhejiang Province,

which occurred in 2006. No evidence of forced labor was documented by secondary data sources

collected for this project.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 101~

3.2.3.1. Child Labor and Forced Child Labor

In August 2006 the issue of child labor and forced child labor in the food-processing sector

caught media attention when over 80 (estimates vary) junior high school students were forced by

their teacher to work at Wuzhouxing Company under exploitive working conditions, being

forced to peel grapes for 15 hours per day with hands whose skin had become eroded.

The Case of Work-Study

Students at Wuzhouxing163

For 14-year-old Zhu Meiyan and 80-

plus other students coming from

Tuocheng County in the Henan

Province, the summer vacation of

2006 was extremely hard. They were

forced by their teacher to work at

Wuzhouxing Company in Ningbao

City, Zhejiang Province, a large

canned fruit manufacturer listed

among “the top 10 canned food

manufacturersinChina.”

Students rescued by the local authority on August 9, 2006

Meiyan’sdailyschedulewasasfollows:aftergettingupat5:00a.m.,shewashedherself

hurriedly and ate some steamed buns. She was to arrive at the workshop at 5:30 a.m., where

they were required to wear three hats as well as rain shoes to peel the grapes. She had to

peel up to 31 kilograms of grapes by 9:30 p.m., with only one half-hour break for food. Meiyan

toldthereporterthatmorethan70childrentherewerecountingdaysuntilthe“summer

vacation”ended,becausethen,sowouldtheinhumanetreatment.

Zhu Meiyan is only a grade II student in junior high school in the Tuocheng County of the

Henan Province. Just prior to summer vacation, a teacher of her school circulated the

information that she had a relative in charge of a factory in Ningbo and that the children could

workthere.“Theteachertoldusthattheworkwouldn’tbeheavy and that the factory provides

room and board. We only needed to work eight hours a day and could earn 700 to 800 Yuan

permonth,”Meiyantoldthereporter.ThiswasapowerfullureforruralfamiliesinHenan.In

addition, the factory promised they would pay the transportation fees.

Thus, Zhu Meiyan and her two sisters each paid 20 Yuan to sign up. Together with over 80

children, they got on a bus on July 9, 2006, with excited hearts full of hope. Meiyan recalled

that“mostwerestudentsinourtownand village; several had just graduated from elementary

school.”OntheeveningofJuly10,theyfinallyarrivedattheoldfactoryyardoftheNingbo

Wuzhouxing Company.

When the students were signing up, they met a man who claimed to be in charge in the

factory. The moment the students arrived at the factory, under the excuse of preventing

students from spending money randomly, the teacher had all the students hand in all the

163 Zheng, W. (2006, August 10). 70 children from Henan forced to peel grapes had skin erosion on hands. Zhejiang OnlineToday Morning Express. Retrieved from http://zjnews.zjol.com.cn/05zjnews/system/2006/08/10/007800761.shtml
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 102~

money they had brought with them to the man.

Zhu Meiyan and other children received their work cards on July 12 and started to work. The

foreman told them to write their age as over 18 when they registered, and to not tell anyone

that they were junior high students.

At the very beginning, the children started work at 7:00 a.m. and finished at 5:00 p.m.

However, the work time gradually extended. A week later, they were required to work from

5:30 a.m. until 9:30 or even 11:00 p.m.

Liu Lu is one of the few adults working there; she is a student from a college in Zhengzhou

City. She compares herworktoa“battle,”becauseshehastopeel10kilogramsofgrapesin

the morning and 21 kilograms in the afternoon, with only a half-hour to eat; this includes the

timeforleavingtheworkshop,changingclothes,andwashinghands.“Ifthetaskforthe

morningisn’tfinishedontime,youcan’thavelunch.Ifthetaskfortheafternoonisn’tfinished,

youwillhavetoworkovertime,”saidLiuLu,overcomewithemotion,“manychildrenjust

arrivingareinexperiencedandfulloffearandcan’tfinishthetask at all, so they have to work

withouteatinganything.”LiuLuandthegirlshavebeenworkingtherefornearlyamonth,but

they have only had a half-day for rest. Additionally, two girls have to share one bed in the

evening. They usually eat vegetables such as white gourd, and have only eaten meat once.

What’sfrighteningtothechildrenisthatmanygirls’handshavebecomeerodedbecauseof

being immersed for too long, and their legs have become swollen because of standing all day.

But, even when they are ill, it is very hard to ask for a leave of absence; if they take a rest

without permission, it is counted as skipping work for three days.

Somestudentswhocouldn’tgetusedtotheworkafterlaboringforseveraldaysaskedtheir

teacher to let them go home, but the teacher refused. Some students who tried to run away

were quickly caught and brought back. But Wang Ning and three other students were lucky.

On the evening of August 2, they all ran away from the factory successfully. They ran along

the roads in the darkness and lay on the roadsides to rest when tired. On August 3, the

hungry girls met the boss of a nearby restaurant, who helped the girls contact their parents.

The girls informed the other parents about the situation in Wuzhouxing, resulting in many

worriedparents.OntheeveningofAugust8,fourchildren’sparentsarrivedinNingboCity

from Tuocheng County, and finally found their children at Wuzhouxing on August 9.

The parents reported the issue to the local authorities, who sent officials to the factory to

investigate the case. The head of the Supervision Office of Ningbo Labor and Social Security

Bureau confirmed to reporters that it was the most serious case of child labor in Ningbo.

In conclusion, determination of child labor (CL), forced child labor (FCL), and forced labor (FL)

in the grape industry in China is based on a review of three articles, published in 2006 and 2007.

No site visits or interviews were conducted for the grape sector. It appears that all three articles

refer to the same incident in 2006, which demonstrated child labor and forced child labor

practices, at a grape processing plant in Ningbo City in Zhejiang Province. Due to the singular

nature of this incident, the data do not indicate a demonstrated pattern of CL, FCL, or FL in the

grape industry.

With regard to child labor and forced child labor, the three articles refer to what appears to be the

same incident at the Wuzhouxing Canning and Food Processing Factory in Ningbo City in

Zhejiang Province. In this incident, 70 to 200 child laborers (estimates vary), some as young as

14 years, were recruited to work at the grape processing plant during the summer of 2006. The
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 103~

children were brought to the factory by one of their schoolteachers. At the plant, the children

sufferedfromdeceptionofworkconditions,hazardousworkconditions(manyofthechildren’s

hands bled from the work), long work hours, compulsory overtime, confiscation of identity

documents, and physical confinement. These conditions meet the criteria of menace of penalty,

coercion, and involuntary nature of work.

Despite the egregious nature of these labor practices, there is not sufficient data to support a

conclusion of significant evidence of CL, FCL, or FL in the grape sector in China, based on

USDOL’sdefinitionofsignificance. The reviewed articles only indicate the existence of one

incident at one factory, which does not demonstrate a pattern of practice.

3.2.4. Chemicals

China’schemicalindustryisanothersectorwitnessinghighoccurrencesof fatal industrial

accidents. Reported deaths in major industrial accidents from 2006 to 2008 are listed below:

Date Toll

December 8, 2008 3 killed and 2 injured in an explosion at Chaoqiang chemical factory, Huainan

City, Anhui.

November 25, 2008 2 killed and 3 injured in an explosion at a chemical factory in Luoding,

Guangdong.

August 26, 2008 16 killed, 6 missing, and 60 injured in a explosion at Weinilun Company, in

Yizhou city, Guangxi.

November 27, 2007 7 killed, 5 seriously injured, and 1 missing in an explosion at Lianghua

Company in Xiangshui, Jiangsu.

October 11, 2007 1 killed and 9 injured in an explosion at a chemical factory in Zhengzhou,

Henan.

July 15, 2007 3 killed and 7 wounded in an explosion at Xingye Chemical Industry Company

in Hanshou, Hunan.

July 28, 2006 12 killed and 10-plus injured in Fuyuan chemical factory in Sheyang County,

Jiangsu.

June 16, 2006 14 killed, 24 injured, and 2 missing in an explosion at Dunan Chemical

Industry Company in Maanshan City, Anhui.

Note: Data combined from sources below164

164 Anonymous. (2008, August 28). 16 people died in a explosion at chemical factory in Yizhou, Gaungxi province. Xinhua Net.

Retrieved from http://news.xinhuanet.com/video/2008-08/28/content_9726407.htm. See also, Anonymous. (2008, December 9).

3 people died in an explosion at chemical factory in Huainan, Aihui. Xinhua Net. Retrieved from

http://news.xinhuanet.com/newscenter/2008-12/09/content_10476346.htm. See also, Huang, Y., & Liu, S. (2008, November 25).

2 people died and 3 injured in an explosion at chemical factory in Luoding, Guangdong. China News. Retrieved from

http://estate.chinanews.com.cn/sh/news/2008/11-25/1462845.shtml. See also, Wang, X. (2007, November 28). 7 died and 1

missing in an explosion at a chemical factory in Xiangshui, Jiangsu. People’sNet-Social Channel. Retrieved from

http://6.gz116114.cn/content/2007-11/28/content_1012607.htm. See also, Yonghong, S., & Wang, J. (2006, July 28). 12 people

died in an explosion at a chemical factory in Sheyang, Jiangsu. Xinhua News Agency. See also, Anonymous. (2007, October 22).

1 died and 9 injured in an explosion at a chemical factory in Zhenzhou. Zhengzhou Daily. Retrieved from

http://www.365jk.com/HGJK/2007/1022/article_962.html. See also, Anonymous. (2007, July 17). 3 died and 7 wounded in an

explosion at a chemical factory in Hanshou, Hunan. Hong Net. Retrieved from http://www.hshan.com/news/gnnews/

2007/07/1716342054.html.Seealso,Guo,S.(2006,June19).ThebigexplosionatchemicalfactoryinAnhuiexposes“reform

trap.”Xinhua Net. Retrieved from http://www.XINHUANET.com
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 104~

3.2.4.1. Child Labor

Chemical factories in China have also been accused of using child laborers. For instance, a

journalist from the New York Times reportedonJune21,2007that“a14-year-old boy was killed

in an explosion whilefillingatankwithnaphthaleneatachemicalfactorynearNanjing.”165

However, the news article provides no detailed description of the accident.

ToexaminetheincidenceofCL,FCL,andFLinChina’schemicalindustry,theresearcher

reviewed secondary data (news reports) published from 2003 to 2008 and found a single case of

child labor in the chemical industry of Jiangsu Province, which occurred in 2007. No evidence of

forced labor and forced child labor was documented by secondary data sources collected for this

project.

The case of a 14-year-old boy who died as a result of an explosion of chemical

products166

Li Hui, a welder, spent 150 Yuan on a fake Special Operation Certificate for a workmate,

intending to help him find a job; instead, this led to the unexpected death of two workers.

AftertheNewYearFestivalof2007,LiHui’sfriend,BaiKaicalledandaskedLiHuitohelp

himfindajob.LiHuirespondedwarmly,“Iamworkingatthedock167 in Yizheng City, Jiangsu

Province. If you would like to comehere,Icanintroduceyoutoourboss,Mr.Zhou.”

However, it was not easy to enter such a big [construction] project; workers must have

Special Operation Certificates. Li Hui was so kind-heartedthathenotonlymanagedto“get”

himself a certificate butalso“got”oneforBaiKai,bypaying300Yuan to the monger selling

fake certificates.

On the afternoon of May 17, 2007, Mr. Zhou assigned the task of maintaining the naphthalene

tanks to Li Hui.“Youheardthedirections ofMr.Zhou.Now,move.”LiHui passed the task to

Bai Kai and another young worker. Unfortunately, the naphthalene tank suddenly exploded

soon after they arrived at the tops of the tanks, resulting in the horrific and messy scene of the

men burning to death.

According to official investigation, Li Hui had neither the qualifications nor skills for the work.

While cutting the baluster on the top tank, he had accidentally cut through to the combustible

gases tank, resulting in the tragic accident. It was confirmed later that Bai Kai was only 24

years old and that the other young worker was not even 19 years old. Li Hui had registered as

a 14 year old, meaning he was a child laborer.

In conclusion, determination of CL, FCL, and FL in the chemicals industry in China is based on

a review of two articles, published in 2006 and 2007. Due to the lack of evidence, the data do not

indicate a demonstrated pattern of CL, FCL, or FL in the chemicals industry.

165 French, H. W. (2007, June 21). Fast-growing China says little of child slavery's role. The New York Times, p. A4.

166 Buying fake operation certificates, two workers died in naphthalene tank explosion. (2007, June 19). Nanjing Morning Post.

Retrieved from http://news.sohu.com/20070619/n250649919.shtml

167 Although both of these news reports refer to the same case, their identification of the workplace where the accident of

naphthalene tank explosion occurred are different—New York Times took it as a chemical factory, while Chinese local newspaper

Nanjing Morning Post took it as a dock. There is no additional information accessible to determine whether the case is chemical

industry specific or not.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 105~

With regard to child labor and forced child labor, one article referred to an incident in 2007, in

which a 14-year-old child laborer was killed in an explosion at a chemical factory in the city of

Nanjing. The child was not attending school in order to work, and was working in highly

hazardous conditions. These conditions indicate coercion of children, but do not provide

definitive evidence. There was no evidence of menace of penalty or involuntary nature of work

in this incident. The other article was from a newsletter of the National Political Council, an

advisory entity to the central government and the Communist Party in China. The article cited a

member’sstatementsayingthatchildlaborwasaseriousproblemintheplasticandchemical

industries, where child laborers had suffered from intoxication, injuries, and even death.

However, no detailssuchaslocation,event,orvictims’identitiesweregiveninthisreport,so

there was no convincing evidence of child labor or forced child labor in these articles.

There was no evidence of forced labor in the chemicals industry in these two articles.

In summary, there is not sufficient data to support a conclusion of significant evidence of CL,

FCL,andFLinthechemicalssectorinChina,basedonUSDOL’sdefinitionofsignificance. The

reviewed articles only indicate the existence of one incident at one factory, which does not

demonstrate a pattern of practice, and contains generalizations regarding practices in the

industry, without sufficient detail of these practices.

~Page 107~

IV. CONCLUSIONS AND RECOMMENDATIONS

4.1. Conclusions

This study was designed to use primary and secondary data sources to provide an indication of

the extent of CL, FCL, and FL in 10 industries in China. Based on this research design, both

primary and secondary data sources cannot provide findings of statistical significance with

regard to the extent of CL, FCL, and FL in China. This study did employ rigorous methods

associated with qualitative research to tell the story of CL, FCL, and FL in the provinces and

factories visited.

However, USDOL published in the Federal Register (Vol. 72, No. 247, p. 73,377) a definition of

significant incidence of CL, FCL, and FL that is not dependent on statistical testing. That

definition is—

Information that relates only to a single company or facility; or that indicates

an isolated incident of child labor or forced labor, will ordinarily not weigh in

favor of a finding that a good is produced in violation of international

standards. Information that demonstrates a significant incidence of child labor

or forced labor in the production of a particular good(s), although not

representing a pattern or practice in the industry as a whole, will ordinarily

weigh in favor of a finding that the good is produced in violation of

international standards.

Using this definition any time there is a demonstration that the incident is not isolated and is not

in a single company or facility will be considered to constitute significant incidence. Evidence

for significant incidence spans from 2003 to 2008.

The three activities under investigation (CL, FCL, and FL) are illegal activities; even under the

best circumstances, the levels of these are difficult to estimate. Secondary data reports are

typically deaths or scandals that have been uncovered as part of a journalistic investigation and

are also not representative. In addition, one does not know when generating a point estimates the

direction of the trend. Finding evidence of child labor does not mean that the government efforts

to reduce it are not succeeding, but simply that the problem still exists.

Primary data collected from onsite observations and in-depth interviews during October to

December 2008—and secondary data from news articles and NGO reports published from 2003

to 2008—all reveal that the problems of CL, FCL, and FL still exist to varying degrees in

China’sbrick,coal,cotton,fireworks,tile,toy,electronics,foundryproducts,grapeproducts,

and chemical sectors.

A number of the 10 industries studied also have illegal factories where activities are conducted.

This project had no method for identifying those, so they are not included in this report. The

industries where this is most likely to occur are the fireworks, toy, and electronics sectors. Site

visits were also conducted in those provinces where reports indicated abuses had occurred. It is
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 108~

possible that, because of government attention focused in these areas, the abuses are not as

prevalent as they are elsewhere in China.

4.1.1. Bricks

Determination of CL, FCL, and FL in the brick industry in China is based on two relevant site

visits, two interviews with Type 1 informants, and a review of 15 relevant articles and reports,

published from 2004 to 2008. Many of the articles cite secondary source information on the

slaveryscandalinChina’sHenanandShanxiprovincesin2007.However,someofthearticles

includeprimaryinterviewswithvictimsandvictims’families,aswellasfirsthandevidenceof

abuses outside of the 2007 events. The data indicate a demonstrated pattern of abuses in the brick

sector across multiple kilns in multiple locations, including Henan and Shanxi provinces, but

also near Beijing and in Hunan, Qinghai, and Hebei provinces.

With regard to child labor, evidence from a Type 1 interview and media reports provided proof

of this practice. The researcher conducted a Type 1 interview with another investigative

journalist, who reported witnessing 30 children under age 16 working at a brick kiln in Shanxi,

and three to five mentally handicapped children working at another brick kiln in an unknown

location. Of the 15 articles and reports, 9 corroborated the brick kiln scandal of 2007 through

secondary sources, all of which indicated child labor. Three other articles provided evidence of

child labor in multiple brick kiln sites in Shanxi, Qinghai, and Shandong provinces. In addition, a

report by an NGO detailed child labor practices after the brick kiln scandal, stating that children

under 16 continue to work in brick kilns, but now do so under contracts and within humane

conditions. This indicates an institutionalization of the practice of child labor. The researcher did

not encounter any clear evidence of child labor in the brick kilns visited.

With regard to forced child labor, of the 15 articles and reports, 9 corroborated the brick kiln

scandal of 2007 through secondary sources, all of which indicated forced child labor through

menace of penalty, coercion of children (physical abuse), and involuntary nature of work (slavelikeconditionsandphysicalconfinement).Theresearcher’sinterviewsandsitevisitsdidnot

reveal any conditions of forced child labor.

With regard to forced labor, evidence from a site visit, an interview, and news articles indicated

the presence of this practice. During one site visit, the researcher personally observed seven to

eight mentally disabled adults, three of whom she spoke to, at a brick kiln in Shanxi Province.

These adult laborers were not allowed to leave the work site, and were thus physically confined,

which indicates involuntary nature of work. The employers also withheld wages from these

laborers, which constitutes menace of penalty. The researcher also conducted a Type 1 interview

with an investigative journalist, who reported observing mentally handicapped adults, who were

victims of trafficking, at a brick kiln in Hunan Province. Nine of the 15 articles and reports

corroborated the brick kiln scandal of 2007 through secondary sources, which indicated forced

labor through menace of penalty (physical abuse) and involuntary nature of work (physical

confinement). In addition to this evidence, two other articles provided evidence of forced labor in

brick kilns in Beijing and in Hebei Province. The employers in these cases were brought to court,

with one case ending in the convictions of five employers.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 109~

In summary, based on two relevant site visits, two Type 1 interviews, and a review of 15 articles

and reports, there is sufficient data to support a conclusion of significant evidence of CL, FCL,

andFLinthebricksectorinChina,basedonUSDOL’sdefinitionofsignificance. With regard to

forced labor, the data indicate a demonstrated pattern of abuses in the brick sector across

multiple factories in Shanxi, Hunan, and Hebei provinces, and outside of Beijing. With regard to

child labor, the data indicate a demonstrated pattern of abuses in Shanxi, Henan, Qinghai, and

Shandong provinces. With regard to forced child labor, the data indicate a pattern of abuses in

Shanxi and Henan provinces in 2007 during the brick kiln scandal.

4.1.2. Coal

Determination of CL, FCL, and FL in the coal industry in China is based on one site visit, six

interviews, and a review of eight articles, published from 2006 to 2008. The data indicate

incidence of CL, FCL, and FL abuses in the coal sector across Shanxi, Henan, and Hebei

provinces.

With regard to child labor, evidence from the site visit, interviews, and articles provided proof

for this phenomena in the coal industry. During a site visit to a coal mine in Shanxi Province, the

researcher observed a child under age 16 working. The researcher conducted six interviews,

which yielded relevant evidence regarding child labor practices in the coal sector. Five of the

interviews were held with adult mine workers (one of whom was a former child laborer) and a

current child laborer, who all confirmed the presence of child labor at their work sites. The

researcher also interviewed a journalist who has reported on child labor in multiple sectors, and

who suggested that child labor is practiced in the coal industry throughout Shanxi Province.

All of the eight articles provided uncertain evidence of child labor in the coal sector. In one

reported incident, the Chinese Government raided 8,000 kilns and mines across Shanxi and

Henan provinces in June 2006, finding hundreds of cases of child labor; this incident was

mentioned in four different reviewed articles. However, these articles did not distinguish

between the brick and coal sectors (kilns and mines), so this evidence has been deemed uncertain

since the relevant sector is not clear. Other articles cited evidence of workers as young as age 15

in coal mines, suffering from severe disabilities and injuries from mining accidents. A synthesis

report on child labor in the coal sector indicated that hundreds of child laborers were working in

coal mines throughout Shahe Town in Hebei Province. In another article, a social scientist

compared the coal sector with the brick sector, in terms of labor practices, including practices of

child labor.

With regard to forced child labor, all eight reviewed articles also provided evidence of possible

forced child labor. These abuses include withheld pay and uncompensated overtime. As these

child laborers are working in underground coal mining, they presumably experience hazardous

conditions and nightshifts, and do not attend school; their experiences indicate forced child labor

practices. All eight reviewed articles provided uncertain evidence of forced child labor. During

the government raid, evidence was found of children being subject to hazardous conditions,

withheld pay, and compulsory overtime. Again, there is a lack of clarity as to the sectors targeted

in these raids (brick or coal). The articles that cited evidence of workers as young as 15 suffering

from severe disabilities and injuries from mining accidents also indicated hazardous working

conditions. The synthesis report on child labor in the coal sector provided evidence of hundreds
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 110~

of child laborers working in coal mines subject to low pay and overtime of up to 18 hours per

day. In another article, a social scientist compared the coal sector with the brick sector in terms

of labor practices, including practices of forced child labor.

With regard to forced labor, the researcher interviewed a miner in Jincheng County in Shanxi

Province, who indicated practices of forced labor at his work site, which employs approximately

100 workers. The source said that the workers had experienced characteristics of involuntary

nature of work, such as not receiving up to five months of withheld pay, and having been

deceived with regard to the terms of their employment. Of the eight reviewed articles, four

articles (all of which referred to the same event of government raid of kilns and mines) provided

uncertain evidence of forced labor in the coal sector. During this raid, adult laborers in the mines

were found to suffer from deception regarding their working conditions and withheld or unpaid

compensation. However, given the lack of clarity as to which sector the articles were referring to,

this only provides uncertain evidence.

In summary, the site visit, six relevant interviews, and eight relevant news reports provide

considerable data to support a conclusion of significant evidence of child labor in the coal sector

inShanxiandotherprovincesinChina,basedonUSDOL’sdefinitionofsignificance. With

regard to child labor, six interviews, observation during a site visit, and all eight articles

reviewed indicated presence of this phenomenon in Shanxi, Henan, and Hebei provinces. Given

that the eight reviewed articles provide uncertain evidence, this research found isolated incidence

of forced child labor in the coal industry in those provinces as well. One interview and four

articles indicated the presence of forced labor as well in this sector in Shanxi and Henan

provinces, but given the uncertain evidence from the articles, this research did not constitute a

significant finding for forced labor in the coal industry.

4.1.3. Fireworks

Determination of CL, FCL, and FL in the fireworks industry in China is based on four relevant

Type 2 interviews and one relevant Type 1 interview, of a total of 26 interviews, and a review of

three articles, published from 2003 to 2008. The data indicate a demonstrated pattern of child

labor abuses in the fireworks sector in Hunan, Chongqing, and Liaoning provinces. There is not

significant evidence,accordingtoUSDOL’sdefinitionofsignificance, of forced child labor or

forced labor in the fireworks industry.

With regard to child labor, the researcher personally interviewed one adult laborer in a fireworks

factory who expressed knowledge of child labor in the industry, as well as two adult laborers,

who said they were hired as children, and one child laborer. These interviews all occurred in a

number of different factories in Guankou District in Liuyang City, Hunan Province. The

researcher also interviewed an international nongovernmental organization (NGO) worker, who

asserted that child labor is a problem in the fireworks industry, citing the 2007 Chongqing

explosion, in which 12 primary and secondary students working in fireworks factories lost their

lives. Some of these child victims were as young as age 8. The researcher also reviewed three

articles, two of which presented evidence of separate incidents wherein child laborers in

fireworks factories were killed in explosions. Another report, which consisted of a policy

analysis of various sectors that use child labor in China, identified the fireworks industry as a

high-risk sector for child labor practice.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 111~

With regard to forced child labor, the researcher gathered some evidence of this practice. The

aforementioned NGO worker asserted that forced child labor practices exist in the fireworks

industry, though the source did not provide any proof. Also, the two news articles that cited

events in which child laborers died in fireworks explosions demonstrated evidence of forced

child labor practices, as the children who were victims in these incidents were not attending

school and working in highly hazardous conditions (coercion of children), and were illegally

recruited (involuntary nature of work). However, these two articles did not provide clear

evidence of a pattern of forced child labor practices, given that these could have been two

isolated incidents, nor did the articles demonstrate evidence of menace of penalty. Also, the Type

2 interviews did not offer any corroborating evidence of forced child labor.

In summary, the four relevant Type 2 interviews, one relevant Type 1 interview, and review of

three articles provide considerable data to support a conclusion of significant evidence of child

labor in the fireworks sector in Hunan, Chongqing, and Liaoning provinces in China, based on

USDOL’sdefinitionofsignificance. The researcher encountered several sources who knew of

child laborers or were personally victims of child labor, and reviewed several articles indicating

evidence of child labor practices in this industry. Despite some evidence of forced child labor

practices from two news articles, the data did not demonstrate a pattern of practice in the

fireworks industry. With regard to forced labor, the researcher did not find any evidence of

forced labor practices in the fireworks industry.

4.1.4. Toys

Determination of CL, FCL, and FL in the toy industry in China is based on five site visits, four

interviews with Type 1 informants, and a review of 19 articles and reports, published from 2004

to 2008. The data indicate a demonstrated pattern of abuses in the toy sector across multiple

factories in multiple locations, including Shenzhen and Dongguan in Guangdong Province;

Shanghai, Zhejiang Province; and other locations in Southeastern China.

With regard to child labor, data gathered from site visits, interviews, and articles provide

evidence for this phenomenon throughout China. The researcher visited three different factory

sites in Dongguan, Guangdong Province where children were observed to be working. At one of

these sites, the researcher personally interviewed five girls who were victims of child labor and

forced child labor. The researcher also interviewed four Type 1 informants, three NGO workers,

and one academic researcher, who all reported observing child laborers in various toy factories in

the country, though little detail of the children and their situations was provided in the

interviews. Given the content of these interviews, it appears that the informants were referring to

different factories. While the information in the interviews did not allow for sufficient

characterization of the condition of child labor in these factories, all four informants did confirm

knowledge of child labor in the toy industry. Of the 19 articles and reports, 13 indicated the

presence of multiple instances of child labor in various cities and factories, mostly in Guangdong

Province. The existence of child labor in these articles and reports is based upon the use of direct

observation and interviews, as well as secondary sources.

With regard to forced child labor, during a site visit, the researcher personally interviewed

five girls who were victims of child labor and forced child labor in a toy factory in Dongguan, as

mentioned previously. These female laborers reported being subject to withheld wages and
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 112~

deception about the nature of their work, both of which constitute involuntary nature of work;

financial penalties, which constitutes menace of penalty; and coercion, through long working

hours. Four of the girls were under 16, so these practices also constituted child labor, while

another girl was 16 years at the time of the site visit. Of the articles and reports, seven articles

and reports indicated the presence of forced child labor in the toy industry, evidenced through

coercion of children (deprivation of basic needs and long hours), menace of penalty (threat of

physical violence and withheld wages), and involuntary nature of work (slave-like conditions,

sale of children, physical confinement, retention of identity documents, and deception regarding

working conditions).

With regard to forced labor, the researcher interviewed adult laborers, employees, and

community members who reported the existence of forced labor in the toy sector, mostly through

the use of compulsory overtime (involuntary nature of work) and financial penalties (menace of

penalty). Nine NGO reports, which detailed site visits and interviews with laborers, indicated

forced labor of adults in the toy industry, mostly through the use of the use of compulsory

overtime (involuntary nature of work) and financial penalties (menace of penalty).

Based on five site visits, four Type 1 interviews, and review of 19 articles and reports, there is

sufficient data to support a conclusion of significant evidence of CL, FCL, and FL in the toy

sectorinChina,basedonUSDOL’sdefinitionofsignificance. With regard to child labor, the

data indicate a demonstrated pattern of abuses in the toy sector across multiple factories in

multiple locations, including Shenzhen and Dongguan in Guangdong Province, Shanghai in

Zhejiang Province, and other locations in Southeastern China. With regard to forced child labor,

the researcher found credible evidence of such abuses during a site visit in Dongguan; articles

demonstrated that such abuses exist in various locations in Guangdong and Sichuan provinces.

With regard to forced labor, site visits and articles indicated forced labor practices in various

factories throughout Guangdong Province; despite the evidence only stemming from one

province, the number of site locations and victims justifies a finding of significance, according to

USDOL’sdefinitionofsignificance.

4.1.5. Cotton

Determination of CL, FCL, and FL in the cotton industry in China is based on two Type 2

interviews and a review of nine articles published from 2005 to 2008, six of which are relevant.

No site visits were conducted. The data indicate a demonstrated pattern of child labor and forced

child labor abuses in the cotton sector across multiple locations, including Jiangxi, Xianjiang,

Shanxi, and Ganshu provinces. The data do not indicate a demonstrated pattern of forced labor in

the cotton industry.

With regard to child labor, the researcher conducted two interviews in Xinjiang Province that

yielded relevant information. Interviews with an adult farm worker and a staff person from a

school indicated ongoing practices of cotton picking by students or children accompanying their

parents. These sources also said they knew of children as young as age 8 working to pick cotton.

Of the nine articles and reports, six provided evidence of child labor in the cotton sector. These

articles demonstrated that children as young as third-graders work to pick cotton throughout

China. One article indicated that over 1,000,000 students, some of whom are children, in

Xinjiang Province, worked to pick cotton through work-study programs at their schools. Other
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 113~

reports indicated similar practices elsewhere in Xinjiang Province, and also in Ganshu Province;

these work-study programs affected approximately 100,000 and 40,000 children respectively.

With regard to forced child labor, the two sources mentioned above also indicated such practices.

The interviews with the adult farm worker and school staff person revealed that children in the

cotton industry work 12 or more hours per day, and suffer from low pay and financial penalties,

which constitute coercion, menace of penalty, and involuntary nature of work. Therefore, in

addition to the presence of child labor, the interviews indicated the existence of forced child

labor due to financial penalties (menace of penalty), long working hours (coercion of children),

and low wages (involuntary nature of work).

The same six articles referenced above also provided evidence of forced child labor in the cotton

sector. The article that indicated that over 1,000,000 students in Xinjiang Province were forced

to pick cotton through work-study programs at their schools also demonstrated that the students

were not paid wages, and that if the students did not pick cotton, financial penalties were

imposed on them. Other reports indicated similar practices elsewhere in Xinjiang Province, and

also in Ganshu Province; these work-study programs affected approximately 100,000 and 40,000

children, respectively—and again, students were forced to pick cotton without pay, and suffered

financial penalties if they did not work. Another report indicated that a 15-year-old boy was

killed while working at a cotton mill in 2007 in Jiangxi Province. These reports indicate menace

of penalty (financial penalties), coercion (hazardous work), and involuntary nature of work

(withholding or nonpayment of wages).

With regard to forced labor, the data indicate the presence of this phenomenon in the cotton

industry in Xinjiang Province. Of the over 1,000,000 students in Xinjiang Province forced to

pick cotton through work-study programs at their schools, an unspecified number are college or

postsecondary students and are, therefore, adults. These articles also pointed to practices such as

poor working conditions, financial penalties, and withheld wages, which meet the criteria of

menace of penalty and involuntary nature of work. The sources are web-based and could be

referring to the same incidents of forced labor.

Based on the two relevant interviews and six relevant news reports, there is sufficient data to

support a conclusion of significant evidence of child labor and forced child labor in the cotton

sector in China, basedonUSDOL’sdefinitionofsignificance. The data indicate a demonstrated

pattern of abuses in the cotton sector across multiple locations, including Jiangxi, Xianjiang,

Shaanxi, and Ganshu provinces, which implicates at least hundreds of thousands of children. The

two interviewees indicated knowledge of child labor and forced child labor practices in the

cotton sector, which included long working hours, work without pay, involuntary work, and

children as young as age 8 being forced to work. The news reports also indicated that these

practices were widespread and ongoing in the cotton sector. Given that only two articles

indicated the use of forced labor in the cotton industry in only one province, the data do not

indicate significant evidence of forced laborinthecottonindustry,basedonUSDOL’sdefinition

of significance.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 114~

4.1.6. Tile

Determination of CL, FCL, and FL in the tile industry in China is based on one Type 1

interview, one Type 2 interview, a site visit, and review of two articles, published in 2007 and

2008.

Site visits undertaken during this research did not reveal the presence of CL, FCL, or FL. Of the

two interviews, one was with a laborer in the tile industry and the other was with a journalist

who was the author of one of the articles reviewed. The laborer reported children accompanying

their parents (workers at the kilns) to help them with work. Very little detail of the children and

their situation was provided in the interview, which does not allow for sufficient information to

determine the level of child labor in these kilns. In the case of the journalist interviewed, he

reported observing 20 to 30 instances of child labor that also met the criteria of forced child

labor, during visits to numerous kilns in one village. This journalist also mentioned direct

observation of mentally disabled adults (three to five) working at the tile kilns, but whether the

conditions constituted forced labor is not clearly specified in the interview. While the focus of

the article is on the working conditions for child labor, similar conditions could apply to the

adults with mental disability, but it was not clearly stated in the interview.

Of the two articles, one of the articles (by the interviewed journalist) did indicate the presence of

multiple instances (20 incidents) of child labor, and potential forced child labor, in one village.

This is the same village as was noted in the journalist interview. The second article, a synthesis

of other articles, did note one instance of child labor and forced child labor, but sources were not

cited and there was no direct primary observation of the case.

Based on the two interviews, a site visit, and the two articles cited, there is insufficient data to

support a conclusion of significant evidence of CL, FCL, or FL in the tile sector in China. While

numerous cases were cited by the interviewee in one village among 20 to 30 children, there was

not sufficient corroboration of cases, with the exception of one, outside of this village and in

other work sites to determine significance, based on the USDOL definition of significant.

4.1.7. Electronics

Determination of CL, FCL, and FL in the electronics industry in China is based on three Type 1

interviews, and review of 13 articles and reports, published from 2006 to 2008. No site visits

were conducted in the electronics industry.

With regard to child labor, because of the number of articles and reports reviewed, these are here

considered first. Of the eight articles and reports with information on child labor, three of the

articles and reports indicated the presence of child labor in three different factories in Dongguan,

Guangdong Province, and one article indicated the presence of such practices in another factory

inJiangxiProvince.Oneofthearticlesreportedona“rescue”of100underageworkers,between

ages 13 and 15, by the Chinese Government, but also indicated an ongoing problem after the

rescue. Three of the articles and reports indicated instances of child labor in Shenzhen, in

Guangdong Province. However, two of the reports indicated evidence of child labor at

Yonghong Electronics factory in 2007, and a follow-up report from May 2008 demonstrated that
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 115~

this particular factory in Shenzhen no longer employed underage workers and had taken steps to

protect against child labor.

Of the three interviews, all touched on the subject of child labor. One was with a legal assistant

who performs investigations on labor practices, including child labor, and the other two were

with NGO workers in the labor field. The legal assistant reported visiting an electronics factory

in Shenzhen in April 2008, where 10 underage children were working, of 500 to 600 employees

at the factory. Little detail of the children and their situations was provided in the interview,

which does not allow for sufficient information to characterize the conditions of child labor in

this factory. The NGO workers interviewed also did not give sufficient information to

characterize the conditions of child labor in the electronics industry. One NGO worker gave

information about the phenomenon of children being illegally recruited through work-study

programs to work in factories, but did not say with certainty whether this occurred in the

electronics industry, or give any indication as to the scope of the problem. The other interviewee

mentioned an April 2008 investigation by the NGO the interviewee works for, which uncovered

child labor practices in a Motorola electronics factory, but did not give any details with regard to

evidence.

With regard to forced child labor, the same articles that indicated child labor in four different

factories in Dongguan, Guangdong Province and in Jiangxi Province also indicated evidence of

forced child labor. The reports on these events indicated that criteria for forced child labor was

met through menace of penalty and coercion of children (physical confinement and sexual

violence), and involuntary nature of work (slave-like conditions, sale of children, and

withholding of wages).

With regard to forced labor, four articles indicated the presence of forced labor, in factories in

Shenzhen and Longhua in Guangdong Province, in Suzhou in Jiangsu Province, and in Kunshan,

outside of Shanghai. The factories in Longhua and Suzhou employed 200,000 and 150,000

workers, respectively. In these cases, the workers experienced compulsory overtime and

withheld wages (involuntary nature of work), and physical abuse and financial penalties (menace

of penalty). Additionally, an NGO report from February 2007 indicated the presence of forced

labor at Yonghong Electronics factory in Shenzhen (which also demonstrated evidence of child

labor, as mentioned previously). The follow-up report from May 2008 demonstrated that the

factory no longer employed underage workers and had taken steps to protect against child labor;

however, the condition of compulsory overtime remained present.

In summary, the data gathered support a conclusion of significant evidence of CL, FCL, and FL

intheelectronicssectorinChina,basedonUSDOL’sdefinitionofsignificance. With regard to

child labor and forced child labor, four articles by credible and major newspapers indicated

multiple instances of these phenomena in two different provinces, one of which was corroborated

by two sources. With regard to forced labor, four articles indicated the use of forced labor

through the involuntary nature of work (compulsory overtime and withheld wages), as well as

menace of penalty (physical punishment and financial penalties) in two provinces and outside the

city of Shanghai.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 116~

4.1.8. Foundry

Determination of CL, FCL, and FL in the foundry industry in China is based on one Type 1

interview and a review of six articles published from 2005 to 2008. No site visits were conducted

for the foundry sector (which includes factories that produce metal, glass and plastic). The data

indicate a demonstrated pattern of child labor and forced child labor abuses in the foundry sector

in Guangdong, Shanxi, and Fushan provinces. There is no evidence of forced labor in the

foundry industry.

With regard to child labor, evidence from an interview with a community group member, and

six articles provided evidence for this practice in the foundry industry. The researcher

interviewed a worker at the Panyu Service Center for Peasant Workers in Guangdong Province,

who had helped two injured child laborers in April and May 2008.These child workers, both of

whom were under age 16, injured themselves at two different metal factories in the Guangdong

and Fushan provinces. A review of six articles also demonstrated the existence of child labor

abuses in plastics and glass factories in Shanxi and Guangdong provinces. In 2005,

approximately 100 child workers, some as young as 12 years, were found in a plastics factory in

Liwu village in Guangdong Province, having been recruited to work at the factory by their

school’sviceprincipal.In2007,approximately300childworkerswerefoundinatShengPu

Group Co., Ltd., a plastics factory in Dongguan. Three articles also referenced a 2008 incident,

in which a 15-year-oldboy’shandwassevered as a result of an accident at Hongsen Plastics

Factory in Dongguan. Another article referenced an incident in 2005 during which a 15-year-old

worker was killed by his supervisor at a glass factory in Shanxi Province; this factory also

employed approximately 20 other child laborers.

With regard to forced child labor, three of the aforementioned articles indicated the presence of

this practice. The aforementioned incident from 2005, which involved 100 children in Liwu

Village, included evidence of forced child labor practices, such as unpaid/withheld wages

(involuntary nature of work), and long hours and physical abuse (coercion of children and

menace of penalty). Forced child labor practices were also evident in the incident at Sheng Pu

Group Co., Ltd., wherein children were subject to long working hours and hazardous work

(coercion of children), deception regarding the terms of work (involuntary nature of work), and

withheld wages and physical confinement (menace of penalty). In addition to the death of a 15-

year-old worker, the article about the glass factory indicated forced child labor practices such as

hazardous conditions (coercion of children) and physical abuse by foremen (menace of penalty).

The interview and the six reviewed articles did not offer any evidence of forced labor. Therefore,

this report cannot make a determination on the practice of forced labor in the foundry industry in

China.

In summary, the one Type 1 interview and six relevant news reports provide considerable data to

support a conclusion of significant evidence of child labor and forced child labor in the foundry

sectorinShanxi,Guangdong,andFushanprovincesinChina,basedonUSDOL’sdefinitionof

significance. An interview with a community group member and articles that identify four

different factories that employ children in three different provinces demonstrate child labor

practices. Three articles also point to practices of forced child labor in three of these four

factories.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 117~

4.1.9. Grape

Determination of CL, FCL, and FL in the grape industry in China is based on a review of three

articles published in 2006 and 2007. No site visits or interviews were conducted for the grape

sector. It appears that all three articles refer to the same incident in 2006, which demonstrated

child labor and forced child labor practices, at a grape processing plant in Ningbo City in

Zhejiang Province. Due to the singular nature of this incident, the data do not indicate a

demonstrated pattern of CL, FCL, and FL in the grape industry.

With regard to child labor and forced child labor, the three articles refer to what appears to be the

same incident at the Wuzhouxing Canning and Food Processing Factory in Ningbo, Zhejiang

Province. In this incident, 70 to 200 child laborers (estimates vary), some as young as 14 years,

were recruited to work at the grape processing plant during the summer of 2006. The children

were brought to the factory by one of their schoolteachers. At the plant, the children suffered

from deception of work conditions, hazardous workconditions(manyofthechildren’shands

bled from the work), long work hours, compulsory overtime, confiscation of identity documents,

and physical confinement. These conditions meet the criteria of menace of penalty, coercion of

children, and involuntary nature of work.

Despite the egregious nature of these labor practices, there is not sufficient data to support a

conclusion of significant evidence of CL, FCL, and FL in the grape sector in China, based on

USDOL’sdefinitionofsignificance. The reviewed articles only indicate the existence of one

incident at one factory, which does not demonstrate a pattern of practice.

4.1.10. Chemical

Determination of CL, FCL, and FL in the chemicals industry in China is based on a review of

two articles published in 2006 and 2007. Due to the lack of evidence, the data do not indicate a

demonstrated pattern of CL, FCL, and FL in the chemicals industry.

With regard to child labor and forced child labor, one article referred to an incident in 2007, in

which a 14-year-old child laborer was killed in an explosion at a chemical factory in the city of

Nanjing. The child was not attending school, and was working in highly hazardous conditions.

These conditions indicate but do not provide definitive evidence of coercion of children. There

was no evidence of menace of penalty or involuntary nature of work in this incident. The other

article was from a newsletter of the National Political Council, an advisory entity to the central

government and the Communist Party in China. Thearticlecitedamember’sstatementsaying

that child labor was a serious problem in the plastic and chemical industries, where child laborers

had suffered from intoxication, injuries, and even death. However, no details, such as location,

event, or victims’identities,weregiveninthisreport,sotherewasnoconvincingevidenceof

child labor or forced child labor in these articles.

There was no evidence of forced labor in the chemicals industry in these two articles.

There is not sufficient data to support a conclusion of significant evidence of CL, FCL, and FL in

thechemicalssectorinChina,basedonUSDOL’sdefinitionofsignificance. The reviewed

articles only indicate the existence of one incident at one factory, which does not demonstrate a

pattern of practice, and generalizations regarding practices in the industry, without sufficient
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 118~

detail of these practices. The table below summarizes the general information regarding each

industry by the source of the data.

Table 4: Summary of Findings for CL, FCL, and FL by 10 Industries in China

Industry Primary Secondary Findings

Brick

11 sites visited

32 informant interviews

2 Type 1 interviews

30 Type 2 interviews

Visited two cities in the

province involved in the

scandal.

Found evidence of

forced labor in terms of

mentally disabled

adults.

Found evidence of child

labor at a brick kiln.

2007—scandal in one

province involving CL,

FCL, and FL

Significant incidence of

CL, FCL, and FL

Coal

6 sites visited

15 informant interviews

14 Type 2 interviews

1 Type 1 interview

One case of CL was

documented, but

implication was that

more existed.

Two news reports on

CL from 2001 to 2007

Significant incidence of

CL

Isolated evidence of

FCL and FL

Fireworks

11 sites visited

26 Type 2 interviews

Of 11 factories, visited

one employed two

children.

2006—report of a child

dying in an explosion at

an illegal fireworks

factory

Three articles about

fires or explosions at

illegal fireworks

factories that indicated

the death of at least

one child in each of the

events cited

Significant incidence of

CL

Isolated evidence of

FCL

No evidence of FL

Toy

6 sites visited

28 informant interviews

2 Type 1 interviews

26 Type 2 interviews

Interviewed five victims

of forced child labor

and found evidence of

a factory employing

child laborers.

“...hiringjuvenile

workers and children

under the legal working

age... hadbecomea

routine employment

practice at the

factory....”

Reports as late as 2007

of child labor being

used to make toys

Liangsham forced child

labor scandal

Reports of forced

overtime for adults

Multiple Type 2

informants said hiring

underage workers is

common practice

Significant incidence of

CL, FCL, and FL

Cotton

1 site visit

4 informant interviews

2 Type 2 interviews

2 Type 1 interviews

Use of work-study

students to pick cotton

was found.

Reports from 2003 to

2008 on the use of

children to pick cotton

as part of work-study

program

Incidence of CL and

FCL

No evidence of FL
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 119~

Industry Primary Secondary Findings

Tile

3 site visits

2 informant interviews

1 Type 1 Interview

1 Type 2 Interview

No evidence of CL,

FCL, or FL.

Slavery scandal in 2007

found through news

reports and the Type 2

interview

Incidence of CL and

FCL

No evidence of FL

Electronics

3 Type 1 informant

interviews

iPod scandal of 2006

Report in 2008 of use

of work-study students,

but the practice was

suspended

Interview with NGO

representative indicated

the problem may not be

resolved

Reports of forced

overtime

Significant incidence of

CL, FCL, and FL

Foundry

1 Type 1 informant

interviews

Report in 2005 of the

death of a child at a

glassware factory

Report in 2004 resulted

in 115 children being

sent home

Interview with legal

NGO worker who had

taken care of two

children injured in

metals factories

Significant incidence of

CL and FCL

No evidence of FL

Grape 2006—report of 80+

junior high students

forced to work in food

processing

Isolated incidence of

CL and FCL

No evidence of FL

Chemicals 2007—report of child

killed at chemical plant

explosion and 2006—

report by governmental

advisory entity

Isolated incidence of

CL

No evidence of FCL or

FL
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 120~

Table 5: Summary Chart—Findings of Significance* in 10 Industries for CL, FCL, and FL

Industries Child Labor Forced Child

Labor

Forced Labor

Brick   

Coal 

Fireworks 

Toys   

Cotton  

Tile

Electronics   

Foundry  

Grape

Chemical

*AccordingtoUSDOL’sdefinitionofsignificance. = Finding of significance in that industry.

4.2. Recommendations

The persistent occurrence of these problems in China is closely related to various shortcomings

ofChina’slegislativesystem,whichhas thus far proven to be ineffective in prohibiting the

illegal employment of CL, FCL, and FL. We recommend the following ways in which the

ChineseGovernmentcanimprovethecountry’slegalsystemanditsenforcementmechanismsto

obtain a more substantial and sustainable solution to the problems of CL, FCL, and FL.

4.2.1. ClosetheLoopholesintheCountry’sLegislativeSystem

As we discussed previously, having students under the legal working age of 16 participating in

school-organized work-study programsisnotbanned,butratherjustified,byChina’scurrent

legal system. For instance, the estimated number of student cotton-pickers ranged from 0.8 to

1.0 million in Xinjiang during 2005–2006.168 When students become the cheapest solution to the

serious problem of the labor shortage in the regional labor market, the work-study program

increasinglylostitslegitimacyandmeaningasaneducationalprogramdesignedto“cultivate

students’morals[and]enhancestudent’sknowledgeandskillsinproduction.”Aswe discussed

previously in Section 3.1.5 on Cotton, the Education Department of Xinjiang issued a

Notification in September 2008, which provided that students in primary and junior high schools

(normally between ages 6 and 15) would no longer be organized by schools to pick cotton.

Although the edict was scheduled to begin in the autumn of 2008, this Notification is not being

implemented strictly in many cotton-farming regions of Xinjiang. Moreover, excluding workstudystudentsunder16fromChina’slegislative definition of child labor is not in line with the

internationally recognized definition of child labor,whichis:“Allworkperformedbyaperson

belowtheageof15,”asoutlinedinILOConvention138.Suchaloopholealsoprovidesfertile

168 Anonymous. (2008, September 11). What is the purpose of picking cotton? Retrieved from

http://tieba.baidu.com/f?kz=477089276
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 121~

soil for teachers’illegalpracticesinorganizing,luring,andevendeceivingstudentsintoworking

as temporary laborers under substandard working conditions. To prevent these negative

byproducts of the work-study program, we recommend that the Chinese Government amend

legislation and regulations regarding the work-study programs to limit the minimum age of

student participants to age 16.

TherearealsosignificantloopholesinChina’slegislativesystem onissuesofforcedlabor.

AccordingtoChina’sCriminalLaw,last revised in 2006, forced labor is narrowly defined as

laborerssufferingfrom“restrictionofpersonalfreedom”and“physicalviolence,”notincluding

the other means of penalty or coercions specified in ILO conventions. Also, the Criminal Law on

combating human trafficking only protects women and children, having no provisions on

criminal responsibility of those trafficking or using adult (over age 18) and teen males (over age

16 but under age 18) for forced labor. We recommend the Chinese legislative agencies amend

the current provisions on forced labor and human trafficking to provide broader legal protection

against forced labor, especially for adults (over age 18) and teen males (over age 16 but under

age 18).

4.2.2. Improve Legislative-Enforcement Mechanisms

Whatever the standards, laws are worthless without effective enforcement. However, as revealed

inouranalysisofallcasesofCL,FCL,andFL,China’scurrentenforcementmechanismshave

various defects. First of all, the process of legislation enforcement mainly involves governmental

agencies and marginalized participants of quasigovernmental social organizations, such as the

All-China Federation of Trade Unions and the All-ChinaWomen’sFederation.Unfortunately,at

present, the Chinese authoritiesallownoroomforactiveinvolvementofchildren’srightsand

labor rights NGOs. It is these NGOs who have rich expertise in monitoring the problems of CL,

FCL, and FL through their community-based activities, and who could provide social

mechanisms to prevent the occurrence of these problems by raising public awareness and

organizing employer training activities. For instance, the enforcement of legislation against the

use of child labor relies heavily on stiff financial penalties imposed by labor and social security

departments for violations, rather than on preventing the occurrence of employing child laborers.

However, undeniably, the problems of CL, FCL, and FL have their own social dynamics, and the

eradication of these problems is also the shared responsibility of governmental agencies and

NGOs, which should work together.

The current efforts of governmental agencies are very limited in terms of manpower and

frequency of workplace inspections. By the end of 2006, China had 22,000 full-time inspectors

overseeing workplaces that employ 764 million people—far fewer inspectors than even

government regulations stipulate.169 In effect, the government agencies in charge of overseeing

labor practices at the workplace level only organize periodic, campaign-like factory

investigations on specific issues, like child labor and student workers; meanwhile, there is no

effective supervision mechanism routinely in use. For this reason, the scandals of CL, FCL, and

FL labor are never fully eradicated in China; instead, they tend to disappear temporarily, off the

Government’sradaruntilthenexttimetheyarediscoveredandhighlighted.Moreover,given

169Ruwitch, J. (2008, May 2). Assembly-line children: China worried as underage labour scandal grows. The Gazette (Montreal),

p. A17.
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 122~

that there are no meaningful statistics and no systematic research on the nature of CL, FCL, and

FL, governmental efforts to fight these problems often follow mismatched approaches. For

instance, currently, government efforts to enforce the law combating human trafficking are often

directed at fighting organized crime, but people are nearly always trafficked through social

networks—by relatives and acquaintances.170 It is safe to predict that improving the effectiveness

of government efforts in solving these problems depends on the extent to which the Chinese

Government realizes and acknowledges these flaws in their enforcement mechanisms, while also

having and demonstrating sufficient motivation to reform.

4.2.3. Strengthen Elementary Education in Rural China

Asdiscussedpreviously,variousshortcomingsofChina’scurrentcompulsoryeducationsystem

have been taken as the root cause of the problem of child labor. Students dropping out of school

inChina’sruralregionsaremorelikelytobecomevictimsofchildlaborandforcedchildlabor.

As Robin Munro, research director at the China Labor Bulletin,observed,“Theruraleducation

system in many parts of the countryside is in a state of virtual collapse. There is a high dropout

rate of children under 16. They are not just sitting around doing nothing. It is safe to assume

mostareillegallyengagedinsomekindofwork.”171

To eradicate the supply of child laborers at the source, we recommend the Chinese Government

invest more financial resources and manpower into strengthening the elementary education

system,especiallyinthecountry’sless-developed rural regions where the dropout rate of

students who have not yet completed the nine years of compulsory education is relatively high.

170 Gooch, L. (2007, July 27). The brick kiln scandal has highlighted how poverty and ignorance support human trafficking. South

China Morning Post, p. 14.

171 Ni, C.-C.(2005,May13).China’suseofchildlaboremergesfromtheshadows.Los Angeles Times, p. A1.
~Page 123~

ANNEXES

Annex A: Demographics of China and Provinces Investigated

Annex B: Pilot Quantitative Analysis

Annex C: Annotated Bibliography

Annex D: Sector Matrices of Evidence

Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 125~

ANNEX A: DEMOGRAPHICS OF CHINA AND PROVINCES INVESTIGATED

Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 127~

ANNEX B: PILOT QUANTITATIVE ANALYSIS

Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 129~

ANNEX C: ANNOTATED BIBLIOGRAPHY

Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 131~

ANNEX D: SECTOR MATRICES OF EVIDENCE

Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 133~

BRICK SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of

info source

Scale Geographic

widespread

Severity

Child Labor

Interviews B.I.1 Evidence:

observations

and interviews

with child

laborers in

brick kilns

Investigative

journalist, first-hand

account of child

laborers, including

mentally

handicapped

children, in brick

kilns, children

under 16, forced

child labor as well

11/27/

2008

(unclear

when

observed)

Personal

interview

Designated

researcher

Wages, hours,

cities, conditions,

ages

Interview

with

investigative

journalist

Interviewee saw

30 children at a

brick kiln in

Shanxi, and 3-5

mentally

handicapped

children in a kiln

(location

unknown)

Shanxi

Province

Children under 16,

denied wages,

physical

confinement, long

working hours

Site visit B.S.1 Unclear

evidence:

interview with

laborer who

reported his

son used to

work with him

at kiln

Laborer reported

that his son used to

work with him at

brick kiln when son

was 17

10/28/

2008

Personal

interview

Designated

researcher

Age, conditions,

nature of work

Interview

with adult

laborer

onsite

1 child, 3 years

ago

Baoquan

Brick

Factory in

Tonghua

town,

Wanrong

county,

Yuncheng

City, Shanxi

Province

Son was 17 when

he worked with

interviewee; was

not paid wages

(went to father

only)

Articles B.A.1 Evidence:

Article about

victim of brick

kiln scandal

Physical

abuse/confinement,

children under 16,

kidnapping, slavery

12/8/

2007

Interviews,

secondary

sources

Major

newspaper

Ages, hours,

locations, wages,

conditions,

social/policy

analysis

Interviews

with victims,

families

500 parents still

looking for

children from

brick kiln scandal

Henan,

Shandong

and Hebei

Provinces

Abuse, beating

children to death,

physical

confinement, slavelike conditions,

kidnapping,

children under 16

B.A.2 Evidence:

Article about

victim of brick

kiln scandal

Slave-like

conditions

5/5/

2008

Interviews,

secondary

sources

Major

newspaper

Ages, conditions,

number of

victims

Secondary

sources

Hundreds of

people rescued,

including

children and

mentally

handicapped

adults

Shanxi and

Henan

Province

Slave-like

conditions, physical

confinement
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 134~

BRICK SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of

info source

Scale Geographic

widespread

Severity

B.A.3 Evidence:

Article about

victim of brick

kiln scandal

Slave-like

conditions

5/2/

2008

Interviews,

secondary

sources

Major

newspaper

Ages, conditions,

number of

victims

Secondary

sources

Hundreds of

people rescued,

including

children and

mentally

handicapped

adults

Shanxi and

Henan

Province

Slave-like

conditions, physical

confinement

B.A.4 Evidence:

Article about

victim of brick

kiln scandal,

number of

victims

Slave-like

conditions,

kidnapping, sale of

children

8/14/

2007

Interviews,

secondary

sources

Major

newspaper

Ages, conditions,

number of

victims

Secondary

sources,

interviews

with

government

officials

1,340 workers

rescued

Shanxi and

Henan

Province

Slave-like

conditions, physical

confinement

B.A.5 Evidence:

Case of 14-

year old

seriously

injured in brick

kiln

Unsafe conditions,

child as young as

14

2004 Interviews Academic

journal

Age, conditions,

site locations,

social/policy/legal

analysis

Secondary

sources,

interview

with victim

1 child Yatou

village brick

factory of

Weiyuan

town in

Qinghai

Province

Child as young as

14, physical injuries

B.A.6 Evidence:

Article about

victim of brick

kiln scandal,

number of

victims

Slave-like

conditions,

kidnapping, sale of

children, children

as young as 8

6/16/

2007

Interviews,

secondary

sources

Major

newspaper

Ages, conditions,

number of

victims, locations

Secondary

sources,

interviews

with

government

officials

Kidnapping of as

many as 1,000

children

Shanxi and

Henan

Province

Slave-like

conditions, physical

confinement,

kidnapping/sale of

children, children

as young as 8

B.A.7 Evidence:

Article about

16-year old boy

whose feet had

to be

amputated due

to experience

in brick kiln

Slave-like

conditions, physical

abuse/confinement,

compulsory

overtime

6/1/

2007

Interviews,

secondary

sources

Major

newspaper

Ages, conditions,

locations

Interview

with victim

1 child Kaolao

Town of

Yongji,

Shanxi

Province

Slave-like

conditions, child

age 16, physical

confinement/abuse,

forced overtime

B.A.8 Evidence:

Article about

brick kiln

scandal

Slave-like

conditions,

kidnapping, sale of

children

6/13/

2007

Interviews,

secondary

sources

Major

newspaper

Ages, conditions,

number of

victims

Secondary

sources

Estimates over

1,000 children

sold

Shanxi and

Henan

Province

Slave-like

conditions, physical

confinement
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 135~

BRICK SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of

info source

Scale Geographic

widespread

Severity

B.A.9 Evidence:

Letter from 400

fathers whose

children are

believed to be

victims of brick

kiln scandal

Sale of children,

deception re

working conditions,

kidnapping, long

hours, physical

abuse and

confinement

6/6/

2007

Appeal letter Major

newspaper

(published)

Hours,

conditions,

number of

victims, locations

Letter from

victims’

family

members

400 children Linfen and

Yongji,

Shanxi

Province

Sale of children,

kidnapping, abuse,

confinement,

refused food and

medical treatment,

children as young

as 8, deception

B.A.10 Evidence: NGO

report about

phenomenon of

child labor

post-brick kiln

scandal

Children under 16 9/2007 Secondary

sources,

analysis

NGO report Conditions, ages Secondary

sources

Unknown Unknown Children as young

as 16; work under

contracts and in

safe conditions, but

too young to work

legally

B.A.11 Evidence:

news report

about brick kiln

scandal

Children under 16,

as young as 8,

slave-like

conditions, sale of

children

7/12/

2007

Interviews,

secondary

sources

Major

newspaper

Conditions, ages,

hours, locations,

social/policy

analysis

Analysis,

interviews

with victims

and

government

officials,

secondary

sources

Rescue of 12

child laborers as

reported by

government

Throughout

Shanxi

Province

Children as young

as 8, slave-like

conditions, sale of

children, interview

with government

official who met the

8-year old victim

B.A.12 Evidence:

article about

child labor in

brick kilns

Children as young

as 14

6/21/

2007

Site visits,

interviews

with victims,

observations

by reports

Southern

Weekend

newspaper

Ages, conditions,

locations

Analysis,

site visits,

direct

observation,

interviews

with victims

About 20

children seen by

reporter

Liuwu

village in

Shanxi

Province

Children as young

as 14, children

disappeared from

kilnafterreporter’s

visit, fines for

employers, missing

children

B.A.13 Evidence:

Article about

labor practices

Interview with

woman whose 15-

year old daughter

left home to work in

brick factory

5/10/

2008

Interview

withvictim’s

parent

Major

newspaper

well-known

for

investigative

journalism

Age, location Interview

with one

mother of a

child

Onevictim’s

mother

Shandong

Province

Child laborer under

16
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 136~

BRICK SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of

info source

Scale Geographic

widespread

Severity

Forced Child Labor

Interviews B.I.1 Evidence:

observations

and interviews

with child

laborers in

brick kilns

Evidence of child

laborers, including

mentally

handicapped

children, in brick

kilns, children

under 16, menace

of penalty (physical

confinement),

coercion (long

working hours),

involuntary nature

of work (withheld

wages)

11/27/

2008

(unclear

when

observed)

Personal

interview

Designated

researcher

Wages, hours,

cities, conditions,

ages

Interview

with

investigative

journalist

Interviewee saw

30 children at a

brick kiln in

Shanxi, and 3-5

mentally

handicapped

children in a kiln

(location

unknown)

Liuwu

village,

Shanxi

Province

Children under 16,

denied wages,

physical

confinement, long

working hours

Articles B.A.1 Evidence:

Article about

victim of brick

kiln scandal

WFCL: Physical

abuse/confinement,

children under 16,

kidnapping, slavery

12/8/

2007

Interviews,

secondary

sources

Major

newspaper

Ages, hours,

locations, wages,

conditions,

social/policy

analysis

Interviews

with victims,

families

500 parents still

looking for

children from

brick kiln scandal

Henan,

Shandong

and Hebei

Provinces

Abuse, beating

children to death,

physical

confinement, slavelike conditions,

kidnapping,

children under 16

B.A.2 Evidence:

Article about

victim of brick

kiln scandal

WFCL: Slave-like

conditions

5/5/

2008

Interviews,

secondary

sources

Major

newspaper

Ages, conditions,

number of

victims

Secondary

sources

Hundreds of

people rescued,

including

children and

mentally

handicapped

adults

Shanxi and

Henan

Province

Slave-like

conditions, physical

confinement

B.A.3 Evidence:

Article about

victim of brick

kiln scandal

WFCL: Slave-like

conditions

5/2/

2008

Interviews,

secondary

sources

Major

newspaper

Ages, conditions,

number of

victims

Secondary

sources

Hundreds of

people rescued,

including

children and

mentally

handicapped

adults

Shanxi and

Henan

Provinces

Slave-like

conditions, physical

confinement
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 137~

BRICK SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of

info source

Scale Geographic

widespread

Severity

B.A.4 Evidence:

Article about

victim of brick

kiln scandal,

number of

victims

WFCL: Slave-like

conditions,

kidnapping, sale of

children

8/14/

2007

Interviews,

secondary

sources

Major

newspaper

Ages, conditions,

number of

victims

Secondary

sources,

interviews

with

government

officials

1,340 workers

rescued

Shanxi and

Henan

Province

Slave-like

conditions, physical

confinement

B.A.6 Evidence:

Article about

victim of brick

kiln scandal,

number of

victims

WFCL: Slave-like

conditions,

kidnapping, sale of

children, children

as young as 8

6/16/

2007

Interviews,

secondary

sources

Major

newspaper

Ages, conditions,

number of

victims, locations

Secondary

sources,

interviews

with

government

officials

Kidnapping of as

many as 1,000

children

Shanxi and

Henan

Province

Slave-like

conditions, physical

confinement,

kidnapping/sale of

children, children

as young as 8

B.A.7 Evidence:

Article about

16-year old boy

whose feet had

to be

amputated due

to experience

in brick kiln

WFCL: Slave-like

conditions, physical

abuse/confinement,

compulsory

overtime

6/1/

2007

Interviews,

secondary

sources

Major

newspaper

Ages, conditions,

locations

Interview

with victim

1 child Kaolao

Town of

Yongji,

Shanxi

Provinces

Slave-like

conditions, child

age 16, physical

confinement/abuse,

forced overtime

B.A.8 Evidence:

Article about

brick kiln

scandal

WFCL: Slave-like

conditions,

kidnapping, sale of

children

6/13/

2007

Interviews,

secondary

sources

Major

newspaper

Ages, conditions,

number of

victims

Secondary

sources

Estimates over

1,000 children

sold

Shanxi and

Henan

Province

Slave-like

conditions, physical

confinement

B.A.9 Evidence:

Letter from 400

fathers whose

children are

believed to be

victims of brick

kiln scandal

Sale of children,

deception about

working conditions,

kidnapping, long

hours, physical

abuse and

confinement

6/6/

2007

Appeal letter Major

newspaper

(published)

Hours,

conditions,

number of

victims, locations

Letter from

victims’

family

members

400 children Linfen and

Yongji,

Shanxi

Provinces

Sale of children,

kidnapping, abuse,

confinement,

refused food and

medical treatment,

children as young

as 8, deception

B.A.11 Evidence:

news report

about brick kiln

scandal

WFCL: Children

under 16, as young

as 8, slave-like

conditions, sale of

children

7/12/

2007

Interviews,

secondary

sources

Major

newspaper

Conditions, ages,

hours, locations,

social/policy

analysis

Analysis,

interviews

with victims,

secondary

sources

Rescue of 12

child laborers as

reported by

government

Throughout

Shanxi

Province

Children as young

as 8, slave-like

conditions, sale of

children, interview

with government

official who met the

8-year old victim
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 138~

BRICK SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of

info source

Scale Geographic

widespread

Severity

Forced Labor

Interviews B.I.2 Unclear

evidence:

interview with

journalist who

encountered

mentally

disabled adults

in a brick kiln

Unclear evidence:

Known trafficking

victims

12/5/

2008

Personal

interview

Designated

researcher

Conditions Interview

with

journalist

who

encountered

trafficking

victims

Several victims Hunan

Province

Trafficking victims

Site visits B.S.2 Evidence:

interview with

foreman, one

adult laborer

and three

mentally

disabled adults

Evidence of

menace of penalty

and involuntary

nature of work

(physical

confinement,

withholding/

nonpayment of

wages)

10/27/

2008

Personal

interviews,

observation

Designated

researcher

Living/working

conditions,

wages, hours,

nature of work

Interviews

with one

foreman,

and four

laborers

Three mentally

disabled laborers

Xiaonishan

Brick

Factory in

Beijing town,

Linyi county,

Yuncheng

city, Shanxi

Province

Not allowing

workers to leave

after work hours or

when they are sick

(physical

confinement),

withholding and

nonpayment of

wages

Articles B.A.1 Evidence:

Article about

victim of brick

kiln scandal

Physical

abuse/confinement,

children under 16,

kidnapping, slavery

12/8/

2007

Interviews,

secondary

sources

Major

newspaper

Ages, hours,

locations, wages,

conditions,

social/policy

analysis

Interviews

with victims,

families

500 parents still

looking for

children from

brick kiln scandal

Henan,

Shandong

and Hebei

Provinces

Abuse, beating

children to death,

physical

confinement, slavelike conditions,

kidnapping,

children under 16

B.A.2 Evidence:

Article about

victim of brick

kiln scandal

Slave-like

conditions

5/5/

2008

Interviews,

secondary

sources

Major

newspaper

Ages, conditions,

number of

victims

Secondary

sources

Hundreds of

people rescued,

including

children and

mentally

handicapped

adults

Shanxi and

Henan

Province

Slave-like

conditions, physical

confinement

B.A.3 Evidence:

Article about

victim of brick

kiln scandal

Slave-like

conditions

5/2/

2008

Interviews,

secondary

sources

Major

newspaper

Ages, conditions,

number of

victims

Secondary

sources

Hundreds of

people rescued,

incl. children and

mentally

handicapped

adults

Shanxi and

Henan

Province

Slave-like

conditions, physical

confinement
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 139~

BRICK SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of

info source

Scale Geographic

widespread

Severity

B.A.4 Evidence:

Article about

victim of brick

kiln scandal,

number of

victims

Slave-like

conditions,

kidnapping, sale of

children

8/14/

2007

Interviews,

secondary

sources

Major

newspaper

Ages, conditions,

number of

victims

Secondary

sources,

interviews

with

government

officials

1,340 workers

rescued

Shanxi and

Henan

Province

Slave-like

conditions, physical

confinement

B.A.6 Evidence:

Article about

victim of brick

kiln scandal,

number of

victims

Slave-like

conditions,

kidnapping, sale of

children, children

as young as 8

6/16/

2007

Interviews,

secondary

sources

Major

newspaper

Ages, conditions,

number of

victims, locations

Secondary

sources,

interviews

with

government

officials

Kidnapping of as

many as 1,000

children

Shanxi and

Henan

Province

Slave-like

conditions, physical

confinement,

kidnapping/sale of

children, children

as young as 8

B.A.14 Evidence:

news article

about two

victims of

forced labor at

brick kiln and

conviction of

employers

Physical

confinement and

abuse, withheld

wages, long hours

(menace of penalty

and involuntary

nature of work)

12/8/

2004

Secondary

sources

Major

newspaper

Conditions,

location, dates,

fines

Secondary

sources,

details re:

dates and

fines

2 adult laborers Gaochang

town in

Hebei

Province

Physical

confinement,

withheld/low

wages, long

working hours

B.A.15 Evidence:

news article

about forced

labor at brick

kiln and trial of

employers

Physical

confinement and

abuse, withheld

wages (menace of

penalty and

involuntary nature

of work)

9/1/

2007

Secondary

sources,

court

observation

Major

newspaper

Dates, locations,

conditions,

hours, wages

Observation

of reporter

in court

10 adult laborers Beijing

Rusheng

Shale Brick

Factory in

Fengtai

district,

Beijing

Physical

confinement,

abuse, withheld

wages, compulsory

overtime
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 140~

CHEMICAL SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of

info source

Scale Geographic

widespread

Severity

Child Labor

Articles CH.A.1 Evidence: Cited

a CL case in a

chemical

factory

Age 14 child

laborer killed

in chemical

explosion

6/21/2007

(cited event

a week

earlier)

News report Major

international

newspaper

(NYT)

Rough

location,

the

chemical

that caused

explosion

Secondary

source (not

specified)

1 victim,

1 site

Nanjing City Age 14 child

laborer killed

while filling

the chemical

tank

CH.A.2 Evidence: Cited

statements—

CL in chemical

industries

Indicated CL

in plastic

/chemical

industries is a

serious

problem

5/15/2006 Citing

National

Political

Council

member

statements

Special news

paper

(National

Political

Council

Newsletter)

N/A National

Political

Council

member

N/A N/A Child laborer

suffers from

intoxication,

injuries, and

death

Forced Child Labor

Articles CH.A.1 Insufficient

evidence: Cited

a CL case in a

chemical

factory

Age 14 child

laborer killed

in chemical

explosion,

implicating

high

hazardous

work, not

attending

schools

6/21/2007

(cited event

a week

earlier)

News report Major

international

newspaper

(NYT)

Rough

location,

the

chemical

that caused

explosion

Secondary

source (not

specified)

1 victim,

1 site

Nanjing City Age 14 child

laborer killed

while filling

the chemical

tank

CH.A.2 Insufficient

evidence: Cited

statements—

CL in chemical

industries

CL in plastic

/chemical

industries,

implicating

high

hazardous

work and not

attending

school

5/15/2006 Citing

National

Political

Council

member

statements

Special news

paper

(National

Political

Council

Newsletter)

N/A National

Political

Council

member

N/A N/A Child laborer

suffers from

intoxication,

injuries, and

death
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 141~

COAL SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

Child Labor

Interview CO.I.

1

No evidence:

interviewee

indicated CL

extremely rare or

nonexistent in the

coal mine

Extensive

interview found

no current CL

10/23-

24/2008

Personal

interview

Designated

researcher

Hiring practice,

wage, benefits,

accidents,

injury/ death,

compensation,

working

conditions

Mine

employer/

manager

N/A N/A N/A

CO.I.

2

No evidence:

interviewees

indicated no

current CL in the

coal mine

Extensive

interview found

no current CL

(the youngest

age uncertain)

10/24/

2008

Personal

interview

Designated

researcher

Hiring practice,

wage,

accidents,

injury/ death

compensation,

working

conditions

3 mine

workers,

1 foreman

N/A N/A N/A

CO.I.

3

No evidence:

interviewee

indicated no CL in

the coal mine

Found no CL at

all

10/23/

2008

Personal

interview

Designated

researcher

Hiring practice,

wage,

accidents,

injury/ death

compensation,

working

conditions

1 mine

worker

N/A N/A N/A

CO.I.

4

Evidence:

interviewee

indicated 1 CL in

the coal mine

A 16-year-old

working with his

father in mine

10/23/

2008

Personal

interview

Designated

researcher

CL family

background,

wage,

unemployment

pay, death

settlement,

working

conditions

1 mine

worker

1 CL case 1 coal mine,

Shanxi

Province

The CL is

allowed to work,

as favor to his

father (divorced);

low wage, pay

withheld, unfair

financial

arrangement

(worker pay for

materials)
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 142~

COAL SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

CO.I.

5

Evidence:

interviewees

suggest several

CL cases in the

coal mine,

including the

above case

An 8th grader,

began working

with his father in

mine,

mentioned other

CLs

10/25/

2008

Personal

interview

Designated

researcher

CL family

relationships

(father and

son), wage,

unemployment

pay, working

conditions,

arrangement

2 adult mine

workers,

1 child

laborer

1 CL case

describe

several

mentioned

1 coal mine,

Shanxi

Province

The CL is

allowed to work

apparently as a

favor to his

father (divorced);

low wage, pay

withheld for

months, no

assistance when

the mining is

suspended

CO.I.

6

Evidence:

interviewee

himself and others

are CL in the coal

mine

Started at coal

mine at age 15,

with others 16-

17

10/25/

2008

Personal

interview

Designated

researcher

CL family

background,

wage, motives

of working at

mine, working

conditions

1 adult mine

worker who

used to be

child laborer

1 CL case

described,

several

mentioned

1 coal mine,

Shanxi

Province

As young as 15

CO.I.

7

No evidence:

interviewee

strongly indicated

no CL or FL in the

coal mine

Extensive

interview found

no CL

10/25/

2008

Personal

interview

Designated

researcher

Hiring practice,

wage,

accidents,

housing/ living/

working

conditions

1 mine

worker

N/A N/A N/A

CO.I.

8

No evidence:

interviewee firmly

denied CL

No CL 10/27/

2008

Personal

interview

Designated

researcher

Hiring practice,

wage,

accidents,

mine close

compensation,

housing/ living/

working

conditions

1 mine

worker

N/A N/A N/A

CO.I.

9

No evidence:

interviewee

denied CL

No CL 10/3/

2008

Personal

interview

Designated

researcher

Hiring practice,

wage, mine

close

compensation,

working

conditions

1 mine

worker

N/A N/A N/A
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 143~

COAL SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

CO.I.

10

Evidence:

interviewee

alluded to coal

mine CL as similar

in other sectors

No specifics

about coal CL,

only suggest a

general pattern

as in brick

11/23/

2008

Personal

interview

Designated

researcher

No specifics

about coal CL,

CL in other

industries

applied

1 investigative

journalist

who had

reported CL

in multiple

sectors

No

specifics

for coal CL

Implies in

Shanxi

Province

No specifics on

coal CL

Site visit CO.S

.1

Evidence: of the 6

sites, 1 CL found

in 1 site

A CL of age 16

working on coal

mine

10/23-

27/2008

Observatio

n

Designated

researcher

Production

size, working

and living

conditions,

ownership

Observation 1 CL,

1 mine

Juncheng

county,

Shanxi

Province

16 year old CL, 1

month pay

withheld,

overtime hours

without legally

required

overtime

compensation

Article CO.A

.1

Uncertain

evidence: Chinese

official raid kilns/

mines rescued CL

One statement

re CL in brick

kilns & coal

mines, no

specified coal

CL.

6/20/

2007

News

media

Major global

media

(BBC)

N/A Government

announcement

591 forced

labor, 51

child labor

in 8,000

kilns and

mines

raided by

the Police

Across

Shanxi and

Henan

Provinces

N/A

CO.A

.2

Uncertain

evidence: Chinese

official raid kilns/

mines rescued CL

Ref. to the

same event as

CO.A.1

5/5/2008 News

media

Major global

media

(WSJ)

N/A N/A Hundreds

FL and CL

rescued

by the

Police

Across

Shanxi and

Henan

Provinces

N/A

CO.A

.3

Evidence: citing

scholar about CL

in coal as well as

other sectors

A statement

compared brick

with coal CH, no

specifics

6/14/

2007

News

Media

Reputable

major

regional

newspaper

N/A A social

scientist

N/A N/A N/A

CO.A

.4

Uncertainevidenc

e: Police raid

kilns/mines to

rescue FCL/ CL

Ref to the same

event as

CO.A.1

6/15/

2007

News

Media

Global

media

(Canada)

N/A Government

announcement

7,500 kilns

and mines

in 11 cities

Across

Shanxi and

Henan

Provinces

N/A
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 144~

COAL SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

CO.A

.5

Uncertain

evidence: Police

raid kilns/mines to

rescue FCL/ CL

Ref. to the

same event as

CO.A.1

6/24/

2007

News

Media

Major

regional

newspaper

N/A Government

announcement

300 FCL

and CL

freed from

kilns and

mines

Across

Shanxi and

Henan

Provinces

N/A

CO.A

.6

Uncertain

evidence:

Government

official on raid,

FCL/ CL in brick &

coal mines

Ref. to the

same event as

CO.A.1

6/25/

2007

News

Media

Major global

media

(BBC)

No. of sites,

FCL (mentally

retarded

included), CL,

arrests and

criminal

charges,

official

responsibilities

Government

announcement,

governor's

statements

300+ FCL

and 11 CL

freed from

kilns and

mines

Across

Shanxi and

Henan

Provinces

N/A

CO.A

.7

Evidence: court

case of CL in coal

mine

Accident, injury

of coal CL

6/2006 Court case

description

Professional

journal

Injury/

disability

caused by

work site

accident,

settlement

process

Court

documents

1 CL case

in Shanxi

Xiangning

County,

Shanxi

Province

Age 15, severe

injury /disability

due to mine

accident,

prolonged

settlement

process and

delayed

treatment,

devastated

family

CO.A

.8

Evidence:

synthesis report

includes CL in

coal mines

Of multiple

sectors, coal

mine mentioned

with CL

6/2006 Journalist

report

Professional

journal

Together with

other sectors,

coal mine’s

working

condition for

CL

Unspecified

media

source

Multiple

small

mines

(including

coal),

hundreds

of CL

Shahe town,

Hebei

Province

Teenage

workers,

unskilled,

tedious, intense,

underground

work, low pay,

average daily up

to 18 hours work
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 145~

COAL SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

Forced Child Labor

Site visit CO.S

.1

Evidence: of the 6

sites, 1 CL found

in 1 site

CL in coal mine

by definition

implies

hazardous

condition,

unusual hours,

not attending

school

10/23-

27/2008

Observatio

n

Designated

researcher

Production

size, working

and living

conditions,

ownership

Observation 1 CL, 1

mine

Juncheng

county,

Shanxi

Province

16 year old CL, 1

month pay

withheld,

overtime hours

without legally

required

overtime

compensation

Article CO.A

.1

Uncertain

evidence: Chinese

official raid kilns/

mines rescued CL

One statement

re CL in brick

kilns & coal

mines, no

specified coal

CL.

6/20/

2007

News

media

Major global

media

(BBC)

N/A Government

announcement

591 FL,

51 CL in

8,000 kilns

and mines

raided by

the Police

Across

Shanxi and

Henan

Provinces

N/A

CO.A

.2

Uncertain

evidence: Chinese

official raid kilns/

mines rescued CL

Ref. to the

same event as

CO.A.1

5/5/2008 News

media

Major global

media

(WSJ)

N/A N/A Hundreds

FL and CL

rescued

by the

Police

Across

Shanxi and

Henan

Provinces

N/A

CO.A

.3

Evidence: citing

scholar about CL

in coal as well as

other sectors

A statement

compared brick

with coal CL, no

specifics

6/14/

2007

News

Media

Reputable

major

regional

newspaper

N/A A social

scientist

N/A N/A N/A

CO.A

.4

Uncertain

evidence: Police

raid kilns/mines to

rescue FCL/ CL

Ref .to the

same event as

CO.A.1

6/15/

2007

News

Media

Global

media

(Canada)

N/A Government

announcement

7,500 kilns

and mines

in 11 cities

Across

Shanxi and

Henan

Provinces

N/A

CO.A

.5

Uncertain

evidence: Police

raid kilns/mines to

rescue FCL/ CL

Ref .to the

same event as

CO.A.1

6/24/

2007

News

Media

Major

regional

newspaper

N/A Government

announcement

300 FCL

and CL

freed from

kilns and

mines

Across

Shanxi and

Henan

Provinces

N/A
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 146~

COAL SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

CO.A

.6

Uncertain

evidence:

Government

official on raid,

FCL/ CL in brick &

coal mines

Ref to the same

event as

CO.A.1

6/25/2007 News

Media

Major global

media

(BBC)

N of sites, FCL

(mentally

retarded

included), CL,

arrests and

criminal

charges,

official

responsibilities

Government

announcement,

governor's

statements

300+ FCL

and 11 CL

freed from

kilns and

mines

AcrossAacro

ss Shanxi

and Henan

Provinces

N/A

CO.A

.7

Evidence: court

case of CL in coal

mine

Accident injury

of coal CL

6/2006 Court case

description

Professional

journal

Injury/

disability

caused by

work site

accident,

settlement

process

Court

documents

1 CL case

in Shanxi

Xiangning

County,

Shanxi

Province

Age 15, severe

injury /disability

due to mine

accident,

prolonged

settlement

process and

delayed

treatment,

devastated

family

CO.A

.8

Evidence:

synthesis report

includes CL in

coal mines

Of multiple

sectors, coal

mine mentioned

with CL

6/2006 Journalist

report

Professional

journal

Together with

other sectors,

coal mines

working

condition for

CL

Unspecified

media

source

Multiple

small

mines

(including

coal),

hundreds

of CL

Shahe town,

Hebei

Province

Teenage

workers,

unskilled,

tedious, intense,

underground

work, low pay,

average daily up

to 18 hours work

Forced Labor

Interview CO.I

.9

Evidence: the

interviewee

described work

arrangement

implied FL

FL as described

deception/false

term and

withheld pay

10/3/

2008

Personal

interview

Designated

researcher

Hiring practice,

wage, mine

close,

compensation,

working

conditions

1 mine

worker

About 100

workers in

a mine

Jincheng

county,

Shanxi

Province

Withheld up to 5

months wage

and promised

compensation

during months of

mine closure
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 147~

COAL SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

Article CO.A

.1

Uncertain

evidence: Chinese

official raid kilns/

mines rescued

FL/CL

One statement

re CL in brick

kilns & coal

mines, no

specified coal

CL.

6/20/

2007

News

media

Major global

media

(BBC)

N/A Government

announcement

591 FL,

51 CL in

8,000 kilns

and mines

raided by

the police

Across

Shanxi and

Henan

Provinces

N/A

CO.A

.4

Uncertain

evidence: Police

raid kilns/mines to

rescue FL/ CL

Ref. to the

same event as

CO.A.1

6/15/

2007

News

Media

Global

media

(Canada)

N/A Government

announcement

7,500 kilns

and mines

in 11 cities

Across

Shanxi and

Henan

Provinces

N/A

CO.A

.5

Uncertain

evidence: Police

raid kilns/mines to

rescue FL/ CL

Ref. to the

same event as

CO.A.1

6/24/

2007

News

Media

Major

regional

newspaper

N/A Government

announcement

300 + FCL

and CL

freed from

kilns and

mines

Across

Shanxi and

Henan

Provinces

N/A

CO.A

.6

Uncertain

evidence:

Government

official on raid, L/

CL in brick & coal

mines

Ref. to the

same event as

CO.A.1

6/25/

2007

News

Media

Major global

media

(BBC)

No. of sites, FL

(mentally

retarded

included), CL,

arrests and

criminal

charges,

official

responsibilities

Government

announcement,

governor's

statements

359 FL (65

mentally

retarded)

freed from

kilns and

mines

Across

Shanxi and

Henan

Provinces

N/A
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 148~

COTTON SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of Info

Source

Scale Geographic

Widespread

Severity

Child Labor

Interviews CT.I.1 Evidence: The

interviewee

indicated CL in

picking cotton

Students or

children

picking cotton

with parents

11/28/2008

(September

to

November,

every year)

Personal

interview

Designated

researcher

Identified

location, long

history of CL in

cotton-picking,

age, length of

work, pay,

working

condition

Local farm

worker

No CL number

specified,

implying a

common

practice, 1 unit

of military farm

Xinjiang

Province

Historical and

ongoing practice,

12–13 hours per

day, up to

3 months of

cotton-picking

CT.I.2 Evidence: The

interviewee

indicated CL in

picking cotton

Elementary

students (age

8–15) with

parents

picking cotton

11/28/2008

(every year)

Personal

interview

Designated

researcher

Identified

location, local

schools with CL

in cotton-picking,

age, length of

work, pay,

working

condition,

penalty

Local school

staff

No CL number

specified,

implying a

cross-school

practice, 1 local

school

Xinjiang

Province

Ongoing CL

picking cotton

(with fewer days

than before), 10 or

more days per

season, 12 hours

per day, low pay

and financial

penalty

CT.I.3 No evidence:

The interviewee

had no specific

information

A generic

statement that

of CL—

students

picking cotton

for school’s

financial gain

12/5/2008 Personal

interview

Designated

researcher

None Academic

researcher

N/A N/A The academic

researcher made a

generic

observation

without specifics

Articles CT.A.1 Evidence: News

report on CL in

cotton mill

Age and

condition

meet

definition

7/9/2007 Secondary

source (cited)

Reputable

major

newspaper

Site location,

work condition,

government

response

Another

newspaper

1 cotton mill,

4 child laborers

Qishan

County,

Shaanxi

Province

12–13 year old,

12 hours per day

work, pay withheld

6 months, noted

voluntary nature
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 149~

COTTON SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of Info

Source

Scale Geographic

Widespread

Severity

CT.A.2 Evidence: News

report on CL in

multiple

industries,

including cotton

Child worker

killed in an

accident while

working in a

cotton mill

7/21/2007 Secondary

source (not

cited)

Major U.S.

newspaper

One sentence

mentioned the

accident—no

site location,

victim

unidentified

Not cited 1 cotton mill, 1

child laborer

Nanchang,

Jiangxi

Province

15-year-old boy,

extreme overtime,

accident

CT.A.3 No evidence:

News report of

the government

terminating

student cottonpicking

Announced

new policy but

indicated prior

policy using

student cotton

pickers

9/20/2008 N/A Government

media

None Provincial

government

official

announcement

Implied

province-wide

student cottonpicking in 2006

Xianjiang

Province

Secondary and

postsecondary

students summer

work program

CT.A.4 No evidence:

News report on

an elementary

student picking

cotton

Ambiguous—

child working

with his family

during holiday

10/6/2008 N/A Government

media

None Provincial

government

official

announcement

1 child

identified, an

example of

regular practice

involving

children

Hami

County,

Xiangjiang

Province

N/A

CT.A.5 Evidence: Blog

article that

criticized forcing

students to pick

cotton

Students

(third grade

through

college)

seemingly

forced to pick

cotton

Circa 2006–

2007

Citing news

reports,

government

announcements,

commentary

Internet blog Schools

identified,

number of

students cited,

working

condition,

analysis,

criticism

News reports

and county

government

documents

Numerous

schools/colleges

in Xinjiang

Province,

millions of

students (but no

ages specified)

Changji

County and

other

unspecified

jurisdictions

in Xinjiang

Province

Large scale CL, as

long as 20 days in

the summer, tough

working

conditions, no

wages, financial

penalty imposed to

nonparticipants,

student resistance,

and

undocumented

revenue from

student labor

CT.A.6 Evidence: Web

report and

comments on

CL in cotton

industry

Elementary

and

secondary

school

students pick

cotton

11/20/2006 Citing news

reports,

government

announcements,

commentary

Internet

blog, but the

page is no

longer

available

Location and the

school system

identified,

number of

students, nature

of the program

News reports

and county

government

documents

1 county school

system,

40,000 students

Qinmin

County,

Ganshu

Province

Whole county

school system,

10 days in

summer, no pay,

financial penalty

imposed to

nonparticipants
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 150~

COTTON SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of Info

Source

Scale Geographic

Widespread

Severity

CT.A.7 Evidence: News

report on the

government

changing CL

policy

Elementary

and

secondary

school

students pick

cotton

9/15/2005 Citing news

reports,

government

announcements,

personal

interviews

Regional

newspaper

Some schools

identified, work

condition, pay

and penalty

News reports

and county

government

documents,

interviews with

students,

teachers,

parents, and

provincial

officials

100,000 or

more students,

1 province

Xianjiang

Province

Province-wide

practice but noted

a declining

number of schools

and students

involved, no or low

pay, financial

penalty

CT.A.8 No evidence:

Web source on

secondary and

postsecondary

students picking

cotton

Elementary

school

students not

mentioned,

age not

specified

9/24/2007 Citing news

reports,

government

announcements,

and web

viewers’

comments

Major

internet

media

Some schools

identified, work

condition, pay,

penalty,

controversies

News reports

and provincial

government

documents;

comments by

Web viewers

1 million

students,

1 province

Xinjiang

Province

N/A

CT.A.9 Evidence:

Numerous CL

cases cited,

one case was in

a cotton mill

A case of a

15 year old

killed in cotton

mill accident

7/12/2007 Interview with a

lawyer who cited

the case

Major

regional

newspaper

Victim age,

name, city and

the nature of the

accident

A leading

lawyer

specializing in

child labor

cases

1 child, 1 cotton

mill

Victim from

Tianjin,

accident in

Beijing

A single case,

exhaustion due to

lengthy hours and

tough work,

resulting in severe

disability

Forced Child Labor

Interviews CT.I.1 Evidence: The

interviewee

indicated CL in

cotton industry

Students or

children

accompany

parents to

pick cotton

11/28/2008

(September

to

November,

every year)

Personal

interview

Designated

researcher

Identified

location, long

history of CL in

cotton-picking,

age, length of

work, pay,

working

condition

Local farm

worker

No CL number

specified,

implying a

common

practice, 1 unit

of military farm

Xinjiang

Province

Historical and

ongoing practice,

12–13 hours per

day, up to

3 months of

cotton-picking
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 151~

COTTON SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of Info

Source

Scale Geographic

Widespread

Severity

CT.I.2 Evidence: The

interviewee

indicated CL in

cotton industry

Elementary

students (age

8–15)

accompany

parents to

pick cotton

11/28/2008

(every year)

Personal

interview

Designated

researcher

Identified

location, local

schools with CL

in cotton-picking,

age, length of

work, pay,

working

condition,

penalty

Local school

staff

No CL number

specified,

implying a

cross-school

practice, 1 local

school

Xinjiang

Province

Ongoing CL in

cotton- picking

(with fewer days

than before), 10 or

more days per

season, 12 hours

per day, low pay

and financial

penalty

CT.I.3 No evidence:

The interviewee

had no specific

information

A generic

statement that

children pick

cotton for

school’s

financial gain

12/5/2008 Personal

interview

Designated

researcher

None Academic

researcher

N/A N/A The academic

researcher made a

generic

observation

without specifics

Articles CT.A.1 Evidence: News

report CL in a

cotton mill

Age and

condition

meet

definition

7/9/2007 Secondary

source (cited)

Reputable

major

newspaper

Site location,

work condition,

government

response

Another

newspaper

1 cotton mill,

4 child laborers

Qishan

County,

Shaanxi

Province

12–13 year old,

12 hours per day

work, pay withheld

6 months, noted

voluntary nature

CT.A.2 Evidence: News

report on CL in

multiple

industries,

including cotton

Child worker

killed in

accident while

working in a

cotton mill

7/21/2007 Secondary

source (not

cited)

Major U.S.

newspaper

One sentence

mention of the

accident, no site

location unclear

or victim ID

Not cited 1 cotton mill,

1 child laborer

Nanchang,

Jiangxi

Province

15-year-old boy,

extreme overtime,

accident

CT.A.3 No evidence:

News report on

the government

terminating

student cottonpicking

Announced

new policy but

indicated prior

policy using

student pick

cotton

9/20/2008 N/A Government

media

None Provincial

government

official

announcement

Implied

province-wide

student cottonpicking in 2006

Xianjiang

Province

Secondary and

postsecondary

students summer

work program
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 152~

COTTON SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of Info

Source

Scale Geographic

Widespread

Severity

CT.A.4 No evidence:

News report of

an elementary

student picking

cotton

Ambiguous in:

child work

with his family

in a holiday

10/6/2008 N/A Government

media

None Provincial

government

official

announcement

1 child

identified, an

example of

regular practice

involving

children

Hami

county,

Xiangjiang

Province

N/A

CT.A.5 Evidence: Blog

article criticizing

the forcing of

students to pick

cotton

Students

(third grade

through

college)

seemingly

forced to pick

cotton

Circa 2006–

2007

Citing news

reports,

government

announcements,

commentary

Internet blog Schools

identified,

number of

students cited,

working

condition,

analysis,

criticism

News reports

and county

government

documents

Numerous

schools/colleges

in Xinjiang

Province,

millions of

students (but no

ages specified)

Changji

County and

other

unspecified

jurisdictions

in Xinjiang

Province

Large scale CL, as

long as 20 days in

the summer, tough

working

conditions, no

wages, financial

penalty imposed to

nonparticipants,

student resistance,

undocumented

revenue from

student labor

CT.A.6 Evidence: Web

report and

comments on

CL in the cotton

industry

Elementary

and

secondary

school

students

picking cotton

11/20/2006 Citing news

reports,

government

announcements,

commentary

Internet

blog, but the

page is no

longer

available

Location and the

school system

identified,

number of

students, nature

of the program

News reports

and county

government

documents

1 county school

system, 40,000

students

Qinmin

County,

Ganshu

Province

Whole county

school system,

10 days in

summer, no pay,

financial penalty

imposed to

nonparticipants

CT.A.7 Evidence: News

report of the

government

changing CL

policy

Elementary

and

secondary

school

students

picking cotton

9/15/2005 Citing news

reports,

government

announcements,

personal

interviews

Regional

newspaper

Some schools

identified, work

condition, pay

and penalty

News reports

and county

government

documents,

interviews with

students,

teachers,

parents, and

provincial

officials

100,000 or

more students,

1 province

Xianjiang

Province

Province-wide

practice but noted

the declining

number of schools

and students

involved, no or low

pay, financial

penalty
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 153~

COTTON SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of Info

Source

Scale Geographic

Widespread

Severity

CT.A.8 No evidence:

Web source on

secondary and

postsecondary

students picking

cotton

Elementary

school

students not

mentioned,

age not

specified

9/24/2007 Citing news

reports,

government

announcements,

and web

viewers’

comments

Major

internet

media

Some schools

identified, work

condition, pay,

penalty,

controversies

News reports

and provincial

government

documents;

comments by

web viewers

1 million

students,

1 province

Xinjiang

Province

N/A

CT.A.9 Evidence:

Numerous CL

cases, with one

case in cotton

mill

Case of a 15-

year-old killed

in a cotton mill

accident

7/12/2007 Interview with a

lawyer citing the

case

Major

regional

newspaper

Victim age,

name, city, and

the nature of the

accident

A leading

lawyer

specializing in

child labor

cases

1 child, 1 cotton

mill

Victim from

Tianjin,

accident in

Beijing

A single case,

exhaustion due to

lengthy hours and

tough work which

resulted in severe

disability
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 154~

ELECTRONICS SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

Child Labor

Interviews E.I.1 Evidence:

Interview with a

legal assistant

regarding CL in

electronics

factories

Children under

16 working in

electronics

factories, selfreported ages

11/26/2008

Observed

in 4/2008

Personal interview Designated

researcher

General

conditions, ages,

pay

Interviewee is a

legal assistant

investigating CL

practices; this

particular

investigation on

CL was carried

out in April 2008

10 underage

workers in an

electronics

factory of 500–

600 workers

Shenzhen;

factory not

identified

Withheld

wages,

children as

young as 13

E.I.2 Unclear

evidence:

Interview with

an NGO worker

that children

may be

working in

electronics

factories

Not enough

evidence of CL

11/27/2008 Personal interview Designated

researcher

Ages, general

conditions, pay

Interviewee is

NGO worker

Interviewee not

sure which sector

children sent to

Not specified Children as

young as 15

E.I.3 Unclear

evidence:

Interview with

NGO worker

that children

work in

Motorola

electronics

factory

Not enough

evidence of CL;

investigation

uncovered

evidence of

children working

in Motorola

factory in April

2008, but no

details given

12/4/2008 Personal interview Designated

researcher

None given Interviewee

works for NGO

which conducted

investigation;

unclear if

interviewee was

directly involved

in investigation

Unclear Not specified Unknown

Articles E.A.1 Evidence:

Report on CL

in several

sectors

Interview with

the mother of a

15-year old

working in

electronics

factory

5/10/2008 Site visits,

interviews

(teachers,

victims,victims’

families, scholars,

foreman)

Major

newspaper

well known

for

investigative

journalism

Site location,

history, current

conditions, some

names, social/

policy analysis,

laborer ages

Interviewee’s15-

year-old son

works in an

electronics

factory

1 child Shenzen 15 years old
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 155~

ELECTRONICS SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

E.A.2 Evidence:

Report on CL

ring in

electronics and

other consumer

goods

Report from

Chinese

authorities that

100 children

were“rescued”

from CL ring;

ages 13–15

5/1/2008 Interviews

(government

authorities,

professor in

China), secondary

sources

Major

newspaper

Laborer ages,

conditions,

social/policy

analysis, pay,

forced

recruitment,

hours worked

Chinese

government

authorities,

researcher, and

secondary

sources

Unnamed number

of factories in one

city;

approximately

100 children

Dongguan in

Guangdong

Province

As young as

13, little pay,

coercive

treatment,

menace of

pen., slave-like

conditions,

sale of

children,

tricking or

kidnapping

children

E.A.3 Evidence:

Report on child

laborers in

Dongguan

factories who

refuse to leave

their jobs

Report that 40

children had

been“resold”to

an electronics

factory in

Dongguan

4/30/2008 Interviews

(Victims, dealer,

academic

researcher,

victim’smother)

Major

newspaper

Laborer ages,

pay, conditions,

forced

recruitment,

hours worked,

names of

different parties

involved

Academic

researcher,

victims, CL

dealers,victims’

family member

Approximately 40

children in

unnamed

electronics

factory in

Dongguan

Dongguan in

Guangdong

Province

As young as 9,

coercive

treatment, low

wages, rape

and other

physical harm,

sale of

children,

kidnapping

E.A.4 Evidence:

Report on

general CL

practices

Report of

laborers being

shipped to

electronics

factory in

Dongguan under

auspices of

“work-study

program”

6/21/2007 Interviews

(Victims and their

families, factory

manager,

academic

researcher),

secondary

sources

Major

newspaper

Site where

victims

originated,

forced

recruitment, pay,

compulsory

overtime, hours

worked, isolation

Victims and

family members,

factory manager,

academic

researcher

Children from

middle school

who were

shipped hundreds

of miles under

work-study

program to

electronics

factory in

Dongguan

Dongguan in

Guangdong

Province

Withheld

wages,

compulsory

overtime (up to

14 hours a

day), restricted

communication

with family

E.A.5 Evidence:

Journalist

reports on CL

generally

Report of

children at

private school

being lured to

work in

electronics

factory through

promise of free

tuition in 2004

10/19/2007 Secondary source Major

newspaper

None Secondary

source

Children were

promised free

tuition at private

vocational school

if worked at

electronic factory

Jiangxi

Province

Unknown
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 156~

ELECTRONICS SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

E.A.6 Evidence:

Interviews with

workers at

Yonghong

Electronics

Report of

underage and

other workers

coerced to work

at factory.

However, E.A.7

indicates that

this problem no

longer exists.

2/2007 Interviews with

victims and

workers, site visits

NGO report Site location,

pay, compulsory

overtime,

coercion,

living/work

conditions, age

of workers,

hours worked

Victims Out of 25 workers

interviewed, 7

were underage

children, and

other workers

knew of other

children

Yonghong

Electronics in

Zhonghan

Electronics

compound in

Shenzen

Debt bondage,

forced

overtime,

underage

workers,

coercion, poor

living/working

conditions,

workers not

allowed to

resign

E.A.7 Unclear

Evidence:

Interviews with

workers at

Yonghong

Electronics

As a follow-up to

previous report

(E.A.6), no

evidence of child

laborers at

factory and

evidence of strict

precautions

against CL

5/2008 Interviews with

workers

NGO report n/a Workers n/a Yonghong

Electronics in

Zhonghan

Electronics

compound in

Shenzen

n/a

E.A.8 Evidence:

Academic

article on

modern day CL

practices in

several

industries

Report of

students from

private school

lured to work in

electronics

factory - Seems

to corroborate

evidence in

T.A.5.

6/2007 Secondary

sources

Academic

journal

article

Geographic

location, ages,

pay, hours

worked,

living/working

conditions

Secondary

sources

Reported victims

were 40 children

from private

school in Yichun

of Jiangxi and 80

more students

sent to electronic

and toy factories

(breakdown into

which sectors of

latter students

unclear)

Unnamed

electronic

parts in

Shenzhen

and

instruments

factory

(unknown

location)

Low wages,

withheld

wages,

compulsory

overtime,

workers ages

13–15
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 157~

ELECTRONICS SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

Forced Child Labor

Articles E.A.2 Evidence:

Report on CL

ring in

electronics and

other consumer

goods

Report from

Chinese

authorities that

100 children

were“rescued”

from CL ring;

ages 13–15

5/1/2008 Interviews

(government

authorities,

academic

researcher),

secondary

sources

Major

newspaper

Laborer ages,

conditions,

social/policy

analysis, pay,

forced

recruitment,

hours worked

Chinese

authorities,

researcher and

secondary

sources

Unnamed number

of factories in one

city;

approximately

100 children

Dongguan in

Guangdong

Province

As young as

13, little pay,

coercive

treatment,

menace of

penalty, slavelike conditions,

sale of

children,

tricking or

kidnapping

children

E.A.6–

7

Unclear

evidence:

Interviews with

workers at

Yonghong

Electronics;

however,

follow-up report

shows that

these

conditions had

been remedied.

Underage and

other workers

coerced to work

at factory

2/2007 and

5/2008

Interviews with

victims/ workers

NGO

reports

Site location,

pay, mandatory

overtime,

coercion,

living/work

conditions, age

of workers,

hours worked,

occupational

safety and health

Victims/workers Out of 25 workers

interviewed, 7

were underage

children, and

other workers

knew of other

children.

However, in

follow-up report,

no children found

in factory, and

workers reported

new precautions

against CL.

Yonghong

Electronics in

Zhonghan

Electronics

compound in

Shenzen

Debt bondage,

forced

overtime,

underage

workers,

coercion, poor

living/working

conditions, not

allowed to

resign

E.A.3 Evidence:

Report on child

laborers in

Dongguan

factories who

refuse to leave

their jobs

Report that 40

children had

been“resold”to

an electronics

factory in

Dongguan

4/30/2008 Interviews

(victims, dealer,

researcher,

victim’smother)

Major

newspaper

Laborer ages,

pay, conditions,

forced

recruitment,

hours worked,

names of

different parties

involved

Academic

researcher,

victims, CL

dealers,victims’

family member

Approximately 40

children in

unnamed

electronics

factory in

Dongguan

Dongguan in

Guangdong

Province

As young as 9,

coercive

treatment, low

wages, rape

and other

physical harm,

sale of

children,

kidnapping
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 158~

ELECTRONICS SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

E.A.4 Evidence:

Report on

general CL

practices

Report of

laborers being

shipped to

electronics

factory in

Dongguan under

auspices of

“work-study

program”

6/21/2007 Interviews (victims

and their families,

factory manager,

researcher),

secondary

sources

Major

newspaper

Site where

victims

originated,

forced

recruitment, pay,

compulsory

overtime, hours

worked, isolation

Victims and

family members,

factory manager,

academic

researcher

Children from

middle school

who were

shipped hundreds

of miles under

work-study

program to

electronics

factory in

Dongguan

Dongguan in

Guangdong

Province

Withheld

wages,

compulsory

overtime (up to

14 hours a

day), restricted

communication

with family

Forced Labor

Articles E.A.6–

7

Evidence:

Interviews with

workers at

Yonghong

Electronics

Workers coerced

to stay at factory

and work

overtime

2/2007 and

5/2008

Interviews with

workers

NGO report Site location,

pay, mandatory

overtime,

coercion,

living/work

conditions, hours

worked

Victims Unknown Yonghong

Electronics in

Zhonghan

Electronics

compound in

Shenzen

(Guangdong)

Debt bondage,

compulsory

overtime,

coercion, not

allowed to

resign

E.A.9 Evidence:

Interviews with

workers at

Hivac Startech

Film Window

co. (Motorola

cell phones)

Workers forced

to work overtime

and not allowed

to resign

8/23/2006 Interviews with

workers

NGO report Site location, pay

below minimum

wage and

withheld wages,

mandatory

overtime,

coercion, hours

worked

Victims Unknown Hivac

Startech Film

Window co.

in Shenzen

(Guangdong)

Forced

overtime,

withheld

wages

E.A.10 Evidence:

Compulsory

overtime in

factories which

make iPods –

known as

Foxconn iPod

scandal

Workers coerced

to work overtime

8/18/2006 Site visits,

interviews with

workers, scholars,

industry experts

Major

newspaper

Site locations,

hours worked,

conditions,

compulsory

overtime, pay,

punishment

Victims, industry

experts,

scholars, direct

observation by

journalist

Two plants

visited, one with

150,000 workers

and another with

200,000 workers

Foxconn

plant in

Longhua and

Asustek plant

in Suzhou

Forced

overtime, low

wages,

retribution

(workers made

to do pushups,

stand for long

hours)
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 159~

ELECTRONICS SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

E.A.11 Evidence:

Article on

Foxconn iPod

scandal

Workers coerced

to work

overtime,

financial

penalties,

physical

punishments

6/15/2006 Interviews with

workers,

secondary

sources

Major

newspaper

Site locations,

hours worked,

pay, punishment,

conditions

Victims Not specified Foxconn

plant in

Kunshan

(outside

Shanghai)

Forced

overtime,

forced to stand

for long hours,

long working

hours, financial

penalties

E.A.12 Evidence:

Articles on

Foxconn iPod

scandal

Workers coerced

to work

overtime,

financial

penalties,

physical

punishments

6/22/2006 Interviews with

workers,

secondary

sources

Major

newspaper

Site locations,

hours worked,

pay, punishment,

conditions

Victims Not specified Foxconn

plant in

Kunshan

(outside

Shanghai)

Forced

overtime,

forced to stand

for long hours,

long working

hours, financial

penalties
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 160~

FIREWORKS SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

CHILD LABOR

Interview FI.I.1 No evidence:

Interviewee flatly

denied CL in his

factory

Citing high

risk of

accident by

younger

workers

(age<20)

11/7/2008 Personal

interview on

site of factory

Designated

researcher

Location,

hiring, wage,

safety, work

hour, facility

management

.

Factory

owner

manager

N/A N/A N/A

FI.I.2 No evidence:

Interviewee flatly

denied CL in his

factory

Indicated only

hire age 18-

55.

11/8/2008 Personal

interview on

site of factory

Designated

researcher

Location,

hiring, wage,

safety, work

hour, export

production

Manager/em

ployee

N/A N/A N/A

FI.I.3 Evidence:

Interviewee's

son is CL in

fireworks factory

Age 15 CL

cited as a

single case in

this factory

11/8/2008 Personal

interview on

site of factory

Designated

researcher

Location,

hiring

contract,

wage, hours,

job type

Employee 1 CL,

1 site

Guankou

District,

Liuyang City,

Hunan

Province

Age 15, low

wage, wage

withhold (upon

worker

request), 12

hours/day but

flexible

FI.I.4 No evidence: No

info on age of

hiring

No info on age

specifics

11/8/2008 Personal

interview on

site of factory

Designated

researcher

Location,

hiring, wage,

safety, work

hour

Manager/em

ployee

N/A N/A Wage

withhold

FI.I.5 Evidence:

Interviewee said

a few CLs age

16-17 in factory

Applies to

under age 18

condition (d):

Work safety

11/8/2008 Personal

interview on

site of factory

Designated

researcher

Location,

hiring, wage,

work hour

1 adult

employee

1 CL,

1 site

Guankou

District,

Liuyang City,

Hunan

Province

Age 16-17,

low wage,

wage withhold

(upon worker

request)
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 161~

FIREWORKS SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

FI.I.6 Evidence:

Interviewee

himself is CL in

factory

Age 15 CL in

this factory

11/8/2008 Personal

interview on

site of factory

Designated

researcher

Location,

hiring, wage,

work hour

CL and his

father

1 CL,

1 site

Guankou

District,

Liuyang City,

Hunan

Province

Age 15, low

wage, wage

withhold (upon

worker

request)

FI.I.7 No evidence:

Interviewee flatly

denied CL in his

factory

Repeated

stated no CL

as factory rule

11/8/2008 Personal

interview on

site of factory

Designated

researcher

Location,

hiring, wage,

work hour

Adult

employee

N/A N/A N/A

FI.I.8 No current

evidence:

Interviewees

implied CL 2

years ago in

factory

2 years ago,

at age 17 and

18 started

work

11/8/2008 Personal

interview on

site of factory

Designated

researcher

Location,

hiring, wage,

work hour

3 adult

employees

2 former

CLs,

1 site

Guankou

District,

Liuyang City,

Hunan

Province

Age 17, low

wage, wage

withhold (upon

worker

request), 10

hours/day

FI.I.9 No evidence:

Interview did not

relate to CL

No CL

discussed

11/8/2008 Personal

interview on

site of factory

Designated

researcher

Location,

hiring, wage,

work hour

Adult

employee

N/A N/A N/A

FI.I.10 No evidence:

Interview did not

mention CL

No CL

mentioned

11/9/2008 Personal

interview on

site of factory

Designated

researcher

Location,

hiring, wage,

work hour

Adult

employee

N/A N/A N/A

FI.I.11 No evidence:

Interviewee

denied CL

Reported no

CL

11/9/2008 Personal

interview on

site of factory

Designated

researcher

Location,

hiring, wage,

work hour

Factory

manager/

employees

N/A N/A N/A

FI.I.12 No evidence:

Interviewee

denied CL

Reported no

CL

10/24/

2008

Personal

interview on

site of factory

Designated

researcher

Location,

hiring, wage,

work hour

Community

member/emp

loyee

N/A N/A N/A
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 162~

FIREWORKS SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

FI.I.13 No evidence:

Interviewee

denied CL

Reported no

CL

10/24/

2008

Personal

interview on

site of factory

Designated

researcher

Location,

hiring, wage,

work hour

Employee N/A N/A N/A

FI.I.14 No evidence:

Interviewee

denied CL

Reported no

CL

11/25/2008 Personal

interview on

site of factory

Designated

researcher

Location,

hiring, wage,

work hour

Employee N/A N/A N/A

FI.I.15 No evidence:

Interview did not

relate to CL

Factory shut

down, no CL

discussed

11/27/

2008

Personal

interview on

site of factory

Designated

researcher

Shutdown

process,

complaint

about

government

policy

Owner N/A N/A N/A

FI.I.16 No evidence:

Interviewee said

no current CL

Factory shut

down, CL

existed 3-5

years ago in

home

workshops

11/28/

2008

Personal

interview on

site of factory

Designated

researcher

Shutdown

process,

complaint

about

government

policy

Manager N/A N/A N/A

FI.I.17 No evidence:

Interviewee

indicated CL no

longer an issue

in fireworks

sector

Mentioned CL

was an issues

several years

ago in family

operation

11/12/

2008

Personal

interview

Designated

researcher

Government

law and

enforcement

on CL, broad

CL situation

changes

International

NGO staff

N/A N/A N/A

FI.I.18 Evidence:

Interviewee

emphasized CL

involved in home

workshop

Citing the

2007

Chongqing

explosion

case and

another report

11/10/

2008

Personal

interview

Designated

researcher

CL in

fireworks and

other sectors

International

NGO staff

citing news

media

Assert that

CL involved

in rural

home

fireworks

production

Chongqing N/A
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 163~

FIREWORKS SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

Article FI.A.1 Evidence: News

report about

child killed in

fireworks

explosion

Clearly

identified CL

victims

11/30/07

(reported

event of

11/19/07)

Interview,

site visit

Major news

media

Site location,

names of CL

and families,

incident

recounts,

casualties

Local

witness,

government

information,

site

observation

12 CL

deaths, a

village

workshop

Xiushan,

Chongqing

Children age

8-15, illegal

recruitment/

operation,

deaths and

injuries

FI.A.2 Evidence:

Analysis of

broad CL issues

included

fireworks sector

A 2004 policy

analysis of CL

cases in

various

industries,

including

fireworks

6/4/2009 Information

synthesis,

analysis

Professional

journal

Only listing

fireworks as

a high-risk

sector for CL

practice

News

reports,

government

documents,

research

Not specific

for

fireworks

Not specific

for fireworks

Not specific

for fireworks

FI.A.3 Evidence: News

report about

child killed in

fireworks

explosion

Clearly

identified CL

victims

10/25/

2003

(reported

event of

10/19/03)

News report Industry

newspaper

Site location,

names of CL

and families,

incident

recounts,

casualties

Local

witness,

government

information

1 CL death,

9 injuries, 1

village

workshop

Linzhou,

Hunan

Province

Child killed

age 14, illegal

recruitment/

operation,

deaths and

injuries

FORCED LABOR FIREWORKS SECTOR

Interview FI.I.3 Unclear

evidence:

Interviewee’s

son is CL in

fireworks factory

Age 15 CL,

implicating

highly

hazardous

work and not

attending

school, but no

coercion

11/8/2008 Personal

interview on

site of factory

Designated

researcher

Location,

hiring

contract,

wage, hours,

job type

Employee 1 CL,

1 site

Guankou

District,

Liuyang City,

Hunan

Province

Age 15, low

wage, wage

withhold (upon

worker

request), 12

hours/day but

flexible
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 164~

FIREWORKS SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

FI.I.5 Unclear

evidence:

Interviewee said

a few CLs age

16-17 in factory

Under age 18,

implicating

highly

hazardous

work and not

attending

schools, but

no coercion

11/8/2008 Personal

interview on

site of factory

Designated

researcher

Location,

hiring, wage,

work hour

1 adult

employee

1 CL,

1 site

Guankou

District,

Liuyang City,

Hunan

Province

Age 16-17,

low wage,

wage withhold

(upon worker

request)

FI.I.6 Unclear

evidence:

Interviewee

himself is CL in

factory

Age 15,

implicating

highly

hazardous

work and not

attending

schools, but

no coercion

11/8/2008 Personal

interview on

site of factory

Designated

researcher

Location,

hiring, wage,

work hour

CL and his

father

1 CL,

1 site

Guankou

District,

Liuyang City,

Hunan

Province

Age 15, low

wage, wage

withhold (upon

worker

request)

FI.I.18 Evidence:

Interviewee

emphasized CL

involved in home

workshop

Citing the

2007

Chongqing

explosion

case and

another

report, both

illegal CL use

11/10/

2008

Personal

interview

Designated

researcher

CL in

fireworks and

other sectors

International

NGO staff

citing news

media

Asserting

that CL

involved in

rural home

fireworks

production

Chongqing N/A

Article FI.A.1 Evidence: News

report about

child killed in

fireworks

explosion

Age 8-15,

highly

hazardous

work and not

attending

schools, illegal

recruitment

11/30/07

(reported

event of

11/19/07)

Interview,

site visit

Major news

media

Site location,

names of CL

and families,

incident

recounts,

casualties

Local

witness,

government

information,

site

observation

12 CL

deaths, a

village

workshop

Xiushan,

Chongqing

Children age

8-15, illegal

recruitment/

operation,

deaths and

injuries
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 165~

FIREWORKS SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

FI.A.3 Evidence: News

report about

child killed in

fireworks

explosion

Age 14, highly

hazardous

work and not

attending

schools, illegal

recruitment

10/25/

2003

(reported

event of

10/19/03)

News report Industry

newspaper

Site location,

names of CL

and families,

incident

recounts,

casualties

Local

witness,

government

information

1 CL death,

9 injuries, 1

village

workshop

Linzhou,

Hunan

Province

Child killed

age 14, illegal

recruitment/

operation,

deaths and

injuries
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 166~

FOUNDRY SECTOR

Ref.

No.

Nature of

Information

Date

release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

Child Labor

Interviews F.I.1 Evidence:

Interviewee is a

member of

Panyu Service

Center for

Peasant

Workers in

Guangdong

Province; cites

two cases of

child laborers

who were

injured in metals

factories. Also

cites many more

cases of CL but

does not specify

industry

Has met and

taken cases of

2 children who

have been

injured at

metals

factories.

Children under

age 16

11/25/

2008;

referenced

two

injured

child

laborers

from

metal

factories

met in

April/

May 2008

Personal

interview

Designated

researcher

Ages, site

locations,

conditions,

conditions

under which

children leave

school to work,

injuries

Worker at

community

group

2

children

in a

metals

factory

Metals

factories in

Fushan and

Dongguan

Children under

16, bad injuries

Articles F.A.1 Evidence:

Investigative

news article re:

100 children

found in a

plastics factory

in Dongguan

Children as

young as 12,

unpaid/withheld

wages

(involuntary

nature of work),

long hours,

physical abuse

(coercion of

children and

menace of

penalty),

recruitment by

school vice

principal

8/5/

2005

Investigati

ve news

report

Major

regional

newspaper

Names of

various parties

involved, ages,

location,

working

conditions,

hours, wages,

dates of

interactions

with parties

involved

Investigative

journalist

interviewed

child labor

victims and

their family

members,

employers,

visited the

factory, and

provided

dates

Approxi

mately

100

child

workers

Liwu village,

Chang’an

County,

Guangdong

Province

Children as

young as 12,

severe physical

abuse of

children, long

working hours,

no/withheld pay,

sent there by

school
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 167~

FOUNDRY SECTOR

Ref.

No.

Nature of

Information

Date

release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

F.A.2 Evidence:

Investigative

news article

about 300

children who are

working in

plastics factory

and suffered

severe illnesses,

including one

death of a 16-

year-old girl

Children under

16, long

working hours,

hazardous

work (coercion

of children),

deception

about terms of

work

(involuntary

nature),

withheld

wages,

physical

confinement

(menace of

penalty)

8/8/

2007

Investigati

ve news

report

Major

Chinese

news outlet

Names of

various parties

involved,

wages, hours,

working

conditions,

dates of events

(suchasgirl’s

death),

location

Investigative

journalist

interviewed

child labor

victims and

their

teachers,

government

officials,

girl’sfamily’s

lawyer, and

provided

dates

Approxi

mately

300

child

workers

Sheng Pu

Group Co.,

Ltd.,

Dongguan

plastics factory

Children under

16, death of 1

girl, severe

illnesses

suffered by

almost all 300

child workers,

children not

allowed to leave

if sick, children

promised a

certain wage

which was not

fulfilled,

compulsory

overtime without

wages

F.A.3 Evidence: News

article about

child worker

whose hand

was cut off at

plastics factory,

evidence that

factory employs

at least 2 child

workers still

Hazardous

work, children

under 16

5/2/

2008

News

article

Major

Chinese

news outlet

Name of

victim, location,

nature of

injury,

confirmation of

workers under

16

Interviews

with various

parties

involved,

site visit,

sample list

of

employees

with

birthdates, 2

of whom

were under

16

3 child

workers,

1 child

worker

seriousl

y injured

Hongsen

Plastics

Factory in

Dongguan

Children under

16, severe injury

F.A.4 Evidence: News

article re. 15-

year-old boy

whose hand

was cut off at

plastics factory

while working,

replaced with

another 15-yearold laborer

Same as F.A.3 5/1/

2008

News

article

Major

Chinese

news outlet

Ages, names,

location,

nature of injury

Interview

with child

laborer,

employer

2 child

workers

Hongsen

Plastics

Factory in

Dongguan

Children as

young as 15,

severe injury
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 168~

FOUNDRY SECTOR

Ref.

No.

Nature of

Information

Date

release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

F.A.5 Evidence: News

bulletin about

Hongsen

Plastics Factory

in Dongguan

using 2 child

laborers

Same as F.A.3 7/9/

2008

News

bulletin

Chinese

news outlet

None None 2 child

workers

Hongsen

Plastics

Factory in

Dongguan

Child laborers

F.A.6 Evidence: News

article about

death of 15-year

old worker in

glass factory

and several

other child

laborers in same

factory

Child worker

age 15, killed

by supervisor;

other child

workers,

hazardous

conditions

(coercion),

physical abuse

by foremen

(menace of

penalty)

9/20/

2005

News

article

Age, details

about death

and abuses,

working

conditions

Secondary

sources, site

visits,

interviews

with child

laborers and

foreman

1 child

worker

died;

approxi

mately

20 child

laborers

Baocheng

Glassware

Factory in Qi

County, Shanxi

Province

Child worker age

15, killed by

supervisor

(accidental),

children under

16, hazardous

conditions,

getting beaten

by foremen

Forced Child Labor

Articles F.A.1 Evidence:

Investigative

news article re:

100 children

found in a

plastics factory

in Dongguan

Children as

young as 12,

unpaid/withheld

wages

(involuntary

nature of work),

long hours,

physical abuse

(coercion of

children and

menace of

penalty),

recruitment by

school vice

principal

8/5/

2005

Investigati

ve news

report

Major

regional

newspaper

Names of

various parties

involved, ages,

location,

working

conditions,

hours, wages,

dates of

interactions

with parties

involved

Investigative

journalist

interviewed

child labor

victims and

their family

members,

employers,

visited the

factory, and

provided

dates

Approxi

mately

100

child

workers

Liwu village,

Chang’an

County,

Guangdong

Province

Children as

young as 12,

severe physical

abuse of

children, long

working hours,

no/withheld pay,

sent there by

school
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 169~

FOUNDRY SECTOR

Ref.

No.

Nature of

Information

Date

release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

F.A.2 Evidence:

Investigative

news article

about 300

children who are

working in

plastics factory

and suffered

severe illnesses,

including one

death of a 16-

year-old girl

Children under

the age of 16,

long working

hours,

hazardous

work (coercion

of children),

deception

about terms of

work

(involuntary

nature),

withheld

wages,

physical

confinement

(menace of

penalty)

8/8/

2007

Investigati

ve news

report

Major

Chinese

news outlet

Names of

various parties

involved,

wages, hours,

working

conditions,

dates of events

(suchasgirl’s

death),

location

Investigative

journalist

interviewed

child labor

victims and

their

teachers,

government

officials,

girl’sfamily’s

lawyer, and

provided

dates

Approxi

mately

300

child

workers

Sheng Pu

Group Co.,

Ltd.,

Dongguan

plastics factory

Children under

16, death of 1

girl, severe

illnesses

suffered by

almost all 300

child workers,

children not

allowed to leave

if sick, children

promised a

certain wage

which was not

fulfilled,

compulsory

overtime without

wages

F.A.6 Evidence: News

article about

death of 15-

year-old worker

in glass factory

and several

other child

laborers in same

factory

Child worker

age 15, killed

by supervisor;

other child

workers,

hazardous

conditions

(coercion),

physical abuse

by foremen

(menace of

penalty)

9/20/

2005

News

article

Age, details

about death

and abuses,

working

conditions

Secondary

sources, site

visits,

interviews

with child

laborers and

foreman

1 child

worker

died;

approxi

mately

20 child

laborers

Baocheng

Glassware

Factory in Qi

County, Shanxi

Province

Child worker age

15, killed by

supervisor

(accidental),

children under

16, hazardous

conditions,

getting beaten

by foremen
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 170~

GRAPE SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of

info source

Scale Geographic

widespread

Severity

Child Labor

Articles G.A.1 Evidence:

News article

about CL

practices in

China

generally

Mention of case

where 70 girls from

rural Henan

Province were

brought by their

teacher to work at a

grape processing

plant in Ningbo,

where their hands

bled from working

16-hour shifts

6/21/2007

(cited

events in

2006)

News

report

Major global

newspaper

Number of

victims, location,

injuries, hours

Secondary

sources

70 girls Ningbo in

Zhejiang

province

Long hours,

hazardous

working

conditions

G.A.2 Evidence:

News article

about CL

practices in

China

generally

(same as

G.A.1)

Mention of 200

school students

working as grape

peelers over

vacation; deception

of work conditions,

hazardous work

conditions, long

work hours

(coercion of

children),

compulsory overtime

(menace of penalty),

confiscation of

identity documents

(involuntary nature

of work)

8/20/2007

(cited

events in

2006)

News

report

NGO report Wages, hours,

number of

students,

working

conditions,

location

Secondary

sources

Approximately

200 child

workers

Wuzhouxing

canning and

food

processing

factory in

Ningbo,

Zhejiang

Province

Children were

told they would

only work 8-9

hours a day, but

were made to

work much

longer shifts;

many workers

sustained

injuries to hands

and legs;

identity

documents were

confiscated

upon arrival

G.A.3 Evidence:

Investigative

news article

about 80

students

working at

grape factory

(same as

G.A.1 and

Hazardous work,

children as young as

14, long hours,

deception of working

conditions

(coercion), physical

confinement

(involuntary nature

and menace of

8/10/2006 News

article

Regional

Chinese

newspaper

Names of

victims, location,

ages, working

and living

conditions,

hours, dates of

events

Interviews

with various

parties

involved,

including

child victims

and factory

owners, site

visit by

84 children Wuzhouxing

canning and

food

processing

factory in

Ningbo,

Zhejiang

province

Children under

16, severe

injuries,

deceived with

regard to

working and

living conditions,

not allowed to

leave work site,
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 171~

GRAPE SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of

info source

Scale Geographic

widespread

Severity

G.A.2) penalty) reporter and“captured”if

do try to leave

Forced Child Labor

Articles G.A.1 Evidence:

News article

about CL

practices in

China

generally

Mention of case

where 70 girls from

rural Henan

Province were

brought by their

teacher to work at a

grape processing

plant in Ningbo,

where their hands

bled from working

16-hour shifts

6/21/2007

(cited

events in

2006)

News

report

Major global

newspaper

Number of

victims, location,

injuries, hours

Secondary

sources

70 girls Ningbo in

Zhejiang

province

Long hours,

hazardous

working

conditions

G.A.2 Evidence:

News article

about CL

practices in

China

generally

(same as

G.A.1)

Mention of 200

school students

working as grape

peelers over

vacation. Deception

of work conditions,

hazardous work

conditions, long

work hours

(coercion of

children),

compulsory overtime

(menace of penalty),

confiscation of

identity documents

(involuntary nature

of work)

8/20/2007

(cited

events in

2006)

News

report

NGO report Wages, hours,

number of

students,

working

conditions,

location

Secondary

sources

Approximately

200 child

workers

Wuzhouxing

canning and

food

processing

factory in

Ningbo,

Zhejiang

Province

Children were

told they would

only work 8-9

hours a day, but

were made to

work much

longer shifts;

many workers

sustained

injuries to hands

and legs;

identity

documents were

confiscated

upon arrival
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 172~

GRAPE SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of

info source

Scale Geographic

widespread

Severity

G.A.3 Evidence:

Investigative

news article

about 80

students

working at

grape factory

(same as

G.A.1 and

G.A.2)

Hazardous work,

children as young as

14, long hours,

deception of working

conditions

(coercion), physical

confinement

(involuntary nature

and menace of

penalty)

8/10/2006 News

article

Regional

Chinese

newspaper

Names of

victims, location,

ages, working

and living

conditions,

hours, dates of

events

Interviews

with various

parties

involved,

including

child victims

and factory

owners, site

visit by

reporter

84 children Wuzhouxing

canning and

food

processing

factory in

Ningbo,

Zhejiang

Province

Children under

16, severe

injuries,

deceived with

regard to

working and

living conditions,

not allowed to

leave work site,

and“captured”if

they did try to

leave
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 173~

TILE SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

Child Labor

Interviews T.I.1 Unclear

evidence:

Interview with

a laborer

mentioning

children

worked with

parents who

worked at kilns

Not enough

evidence of

CL

10/28/2008 Personal

interview

Designated

researcher

General condition,

hiring, pay,

laborer age,

organization

Interviewee, a

local laborer

N/A 1 site (Liuwu

Village),

Shanxi

Province

N/A

T.I.2 Evidence:

Interview with

a journalist

(see T.A.1),

identified CL at

tile kilns

Children

under 16

working in tile

kilns

12/27/2008 Personal

interview

Designated

researcher

Site location,

history, current

conditions,

different parties

involved, social/

policy analysis,

photos

An established

journalist as

interviewee

A village, many

kilns, 20-30

children

observed

1 site (Liuwu

Village),

Shanxi

Province

As young as

13, coercive/

fraudulent

recruitment,

tight control,

overtime

work, harmful

work /living

conditions,

without

/withhold

wages,

secretive

operation

Site visit T.S.1 No evidence:

No CL found

10/28/2008 Observation Designated

researcher

Site location,

history,

working/living

conditions

Onsite

observation,

interview w/

laborers

N/A 1 site (Liuwu

Village),

Shanxi

Province

N/A

Articles T.A.1 Evidence: A

follow-up

report on a

clearly

identified site

with CL

Children

under 16

working in tile

kilns

6/21/2007 Site visits,

interview

(laborers,

foremen,

officials)

Major newspaper

well-known

investigatory

journalism

Site location,

history, current

conditions, some

names, different

parties involved,

social/ policy

analysis, photos

A previous

06/15/07 news

report (article

from same

newspaper but

on brick

industry),

personal site

1 village (same

village as

noted in

journalist

interview) , 60

tile kilns, 20+

child laborers

observed

Laborer

sources—

Yunnan &

Henan

Provinces; 1

site (Liuwu

Village),

Shanxi

As young as

13, coercive/

fraudulent

recruitment,

tight control,

overtime

work, harmful

work /living
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 174~

TILE SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

visit/photo,

interviews w/

adult and child

laborers, official

government

investigators,

county

government

documents

submitted to

central

government

(research did

not locate

documents)

Province conditions,

without

/withhold

wages,

secretive

operation

T.A.2 Evidence: A

synthesized

journalist

report on CL,

mentioned one

case of FCL in

a tile factory

Included a

case of a 17-

year-old

forced to work

in a tile facility

9/2/2007 Secondary

sources

Major newspaper No location, time,

and accurate

names, a story of

17-year-old girl

worked by a tile

company

Cited secondary

source (no

specific

reference)

1 factory and 1

person

The victim

from Shanxi

Province, the

site in Hebei

Province

Coercive or

slavery-like

recruitment

and control,

prostitution,

no pay

Forced Child Labor

Interviews T.I.1 Unclear

evidence:

Interview a

laborer

mentioning

children

worked with

parents who

worked at kilns

Not enough

evidence of

FCL

10/28/2008 Personal

interview

Designated

researcher

General condition,

hiring, pay,

laborer age,

organization

Interviewee, a

local laborer

N/A 1 site (Liuwu

Village),

Shanxi

Province

N/A
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 175~

TILE SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

Interviews T.I.2 Evidence:

Interview a

journalist (see

T.A.1) on

children

worked with

parents who

worked at kilns

Children

under 18

involuntarily

working in tile

kilns under

menace of

penalties

12/27/2008 Personal

interview

Designated

researcher

Site location,

history, current

conditions,

different parties

involved, social/

policy analysis,

photos

An established

journalist as

interviewee

1 village,

multiple kilns,

20-30 children

observed

1 site (Liuwu

Village),

Shanxi

Province

As young as

13, coercive/

fraudulent

recruitment,

tight control,

overtime

work, harmful

work /living

conditions,

without

/withhold

wages,

secretive

operation

Site visits T.S.1 No evidence:

No FCL found

10/28/2008 Observation Designated

researcher

Site location,

history,

working/living

conditions

Onsite

observation,

interview w/

laborers

N/A 1 site (Liuwu

Village),

Shanxi

Province

N/A

Articles T.A.1 Evidence: A

follow-up

report on a

clearly

identified site

with CL

Children

under 18

working in tile

kilns under

menace of

penalties and

possible

coercion

6/21/2007 Site visits,

interview

(laborers,

foremen,

officials)

Major newspaper

well known

investigatory

journalism

Site location,

history, current

conditions, names

of victim parents,

different parties

involved, social/

policy analysis,

photos

A previous

06/15/07 news

report (article

from same

newspaper but

on brick

industry),

personal site

visit/photo,

interviews w/

adult and child

laborers, official

government

investigators,

county

government

documents

submitted to

central

government

(research did

not locate these

1 village, 60 tile

kilns, 20 + child

laborers

observed

Laborer

sourcesYunnan &

Henan

Provinces; site

in Shanxi

Province

As young as

13, coercive/

fraudulent

recruitment,

tight control,

overtime

work, harmful

work /living

conditions,

without

/withhold

wages,

secretive

operation
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 176~

TILE SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

documents

T.A.2 Evidence: A

synthesized

journalist

report on CL,

mentioned one

case of FCL in

a tile factory

Included a

case of a 17-

year-old

forced to work

in a tile facility

9/2/2007 Secondary

sources

Major newspaper No location, time,

and accurate

names, a story of

17-year-old girl

worked by a tile

company

Cited secondary

source (no

specific

reference)

1 factory and 1

person

The victim

from Shanxi

Province, the

site in Hebei

Province

Coercive or

slavery like

recruitment

and control,

prostitution,

no pay

Forced Labor

Interviews T.I.1 No evidence:

Interview with

a laborer

mentioning no

forced labor

Not meet DOL

definition

10/28/2008 Personal

interview

Designated

researcher

General condition,

hiring, pay,

laborer age,

organization

Interviewee, a

local laborer

N/A 1 site (Liuwu

Village),

Shanxi

Province

N/A

Interviews T.I.2 Unclear

evidence:

Interview with

the author of

the news

report (T.A.1),

apparently

mentally

disabled adults

working at tile

kilns

Forced labor

as observed

mentally

disabled

persons

working on tile

facilities

12/27/2008 Personal

interview

Designated

researcher

Information on

FCL (see above)

may apply to the

adult victims,

given the same

site.

An established

journalist as

interviewee

1 village,

multiple kilns,

3-5 mentally

disabled

persons

observed

working on site

1 site (Liuwu

Village),

Shanxi

Province

Conditions of

employment

for mentally

disabled

adults

unknown
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 177~

TILE SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

Site visits T.S.1 Insufficient

evidence: No

forced labor

found among

adult workers

Fits”lackof

consent to

work"

(withhold pay)

but no

menace of

penalty

10/28/2008 Observation Designated

researcher

Adults working/

living conditions,

overtime without

legally required

overtime pay,

50% wage

withholding

Onsite

observation,

interview w/

laborers

3 kilns visited 1 site (Liuwu

Village),

Shanxi

Province

Overtime

without legally

required

overtime pay,

50% wage

withhold

Articles T.A.1 No evidence:

A report

focused only

on CL

Forced adult

tile laborers

were not

covered

6/21/2007 Site visits,

interview

(laborers,

foremen,

officials)

Major newspaper

well-known

investigatory

journalism

N/A N/A N/A N/A

T.A.2 No evidence:

A synthesis of

information

only on CL and

FCL

Forced adult

tile laborers

were not

covered

9/2/2007 Secondary

sources

Major newspaper N/A A previous

06/15/07 news

report (article

from same

newspaper but

on brick

industry),

personal site

visit/photo,

interviews w/

adult and child

laborers, official

government

investigators,

county

government

documents

submitted to

central

government

(research did

not locate these

documents

N/A N/A N/A
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 178~

TOY SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

Child Labor

Interview To.I.1 Evidence:

Interviewee

observed“quite

alot”ofchild

laborers ages

14–15 at toy

factory

Children under

age 16 working

in factory

11/25/

2008

(observed

in 2007)

Personal

interview

Designated

researcher

Site location,

ages

Observation by

academic

researcher

who was

conducting

investigation of

CL practices

Unclear;

interviewee

cited“quitea

lot”of

children ages

14–15

observed in

factory

Yiwu,

Zhejiang

Province

Children as young

as 14

To.I.2 Evidence:

Interviewee

observed“quite

many”child

laborers in toy

factories as

young as 14

Children under

age 16 working

in factories

11/28/

2008

Personal

interview

Designated

researcher

Ages Observation by

NGO worker

who

participated in

investigations

of CL; NGO is

Cultural

Communicatio

n Center for

Facilitators in

Beijing

Unclear;

interviewee

cited“quite

many”

children

working in

toy factories

Unknown

location

Children as young

as 14

To.I.3 Evidence:

CL found by

NGO worker

2 children under

age 16 working

in Disney

factory

11/27/

2008

(observed

in 2007)

Personal

interview

Designated

researcher

Site location,

ages

Interview with

NGO worker;

NGO is

Student &

Scholars

against

Corporate

Misbehavior

2 children

observed at

Disney

factory

Unknown

location

2 children under

age 16

To.I.4 Evidence:

CL observed by

NGO worker

Children

working in toy

factories

12/4/

2008

Personal

interview

Designated

researcher

Companies

(Wal-Mart,

Dollar

General,

Bratz line)

Interview with

NGO worker,

NGO is China

Labor Watch

Unknown Unknown Children observed

as laborers
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 179~

TOY SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

Site visit To.S.

1

Evidence:

CL found

Observation of

child working in

factory

11/11/

2008

Personal

interview,

observation

Designated

researcher

Site location,

current

condition,

appearance

of underage

worker

Site visit,

interview with

manager

1 child at

factory

Hayidai Toy

Company in

Liaobu town,

Dongguan

City,

Guangdong

Province

1 child present

(age unknown)

To.S.

2

Evidence:

Interviews with

laborers at

Xinda Toy

Company

Reports of

children under

16

11/10/

2008

Personal

interview,

observation

Designated

researcher

Ages, site

location

Interviewees

were adult

employees

Unclear how

many

workers are

children,

estimates

ranged from

1–10

Factory in

Hengli town,

Dongguan

City,

Guangdong

Province

Children under

age 16 present

To.S.

3

Evidence:

Interviews with

adult

employees at

Huiyida Toy

Factory

Reports of

children under

16

11/12/

2008

Personal

interview,

observation

Designated

researcher

Site location,

reports of

children

under 16,

wages,

recruitment

Interview with

adult

employee in

Human

Resources

department

and laborer

Unclear;

estimates

ranged from

40–50 to

300–400.

Factory has

over 1,000

workers total.

Factory in

Changping

town,

Dongguan

City,

Guangdong

Province

Children under

age 16 present

To.S.

4

Evidence:

5 child laborers

in Huiyida Toy

Factory

Withheld and

unpaid wages

(involuntary

nature of work),

financial

penalties

(menace of

penalty)

11/12/

2008

Personal

interview,

observation

Designated

researcher

Site location,

wages,

recruitment,

children

under 16,

current

conditions,

hazardous

work

Site visit,

interviews with

children

5 children at

factory

personally

interviewed;

knowledge of

many other

child laborers

(number not

known)

Factory in

Changping

town,

Dongguan

City,

Guangdong

Province

Children as young

as 11, unpaid and

withheld wages,

hazardous

conditions,

compulsory

overtime

Articles To.A.

1

Evidence:

Report of CL

phenomenon

generally

Reports of

children under

age 16 working

in toy factories

5/10/

2008

Secondary

sources,

interviews

(local

residents)

Major

newspaper

well-known

for

investigat..

journalism

Ages,

recruitment

practices,

locations

Interviews with

local residents,

secondary

sources

Unknown Southeastern

China

Children as young

as age 12
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 180~

TOY SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

To.A.

2

Evidence:

Report of CL in

toy factories in

Guangdong

Children as

young as age

10 working in

toy factories

12/17/

2007

Secondary

sources,

observation

Major

newspaper;

op-ed by

children’s

rights

activists

Ages,

conditions

Observation by

authors

Unknown Guangdong Children as young

as age 10,

menace of penalty

and coercion

(threat of physical

violence)

To.A.

3

Evidence:

Report on CL

ring in toys and

other consumer

goods

Report from

Chinese

authorities that

100 children

were“rescued”

from CL ring;

ages 13–15

5/1/

2008

Interviews

(govmt.

authorities,

professor in

China),

secondary

sources

Major

newspaper

Laborer

ages,

conditions,

social/policy

analysis,

pay, forced

recruitment,

hours

worked

Chinese

government

authorities,

researcher,

and secondary

sources

Approximat.

100 children

Dongguan in

Guangdong

Province

As young as age

13, little pay,

coercive

treatment,

menace of

penalty, slave-like

conditions, sale of

children, tricking

or kidnapping

children

To.A.

4

Evidence:

Report on CL

generally in

China

Researcher

cites presence

of children as

young as age

12 in toy

factories

6/21/

2007

Interview

with

researcher

Major

newspaper,

well known

for

investigative

journalism

Ages, site

locations,

social/policy

analysis,

recruitment,

use of workstudy

programs

Researcher Unknown Dongguan in

Guangdong

Province

Children as young

as age 12, use of

work study

programs to skirt

labor laws

To.A.

5

Evidence:

NGO report on

CL practices

generally

Children as

young as 11

working in toy

factories

through workstudy programs

9/

2007

Site visits,

interviews,

secondary

sources

NGO report Site

locations,

ages,

recruitment

practices

Interviews and

site visits

Unknown Hunan,

Guangxi,

Guangdong

Provinces

Children as young

as 11, recruitment

from schools for

summer work
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 181~

TOY SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

To.A.

6

Evidence:

NGO report on

CL practices in

one toy factory

Some children

under 16; 100

children age 16;

menace of

penalty

(withheld/lost

wages) and

involuntary

nature of work

(compulsory

overtime)

7/

2008

Site visits,

interviews

NGO report Site location,

ages,

recruitment

practices,

living/

working

conditions,

hours, wages

Interviews and

site visits

600 workers

total;

unknown

how many

children

under 16;

about 100

children age

16

Kai Da Toy

Factory in

Shenzhen,

Guangdong

Province

Withheld/lost

wages,

compulsory

overtime, children

under 16, 100

children age 16

To.A.

7

Evidence:

Academic

journal article

on CL practices

in China

Children

working in toy

factories who

looked under

16; in 2004,

children ages

13–15 sent to

toy factories

from private

vocation school

for summer

work under

“work-study”

program

6/

2007

Secondary

sources

Academic

journal

report

Site location,

ages

Secondary

sources

Unknown for

Shanghai

factory,

second-hand

knowledge of

evidence of

CL in toy

factories; 80

students for

2004 incident

(to electronic

and toy

factories)

Shanghai

Yuanshun

Toy

Company

Limited in

Pentagon

Square in

Shanghai

and unknown

location

Children under

age 16, as young

as 13

To.A.

8

Evidence:

News report

illegal CL in a

toy factory

Website report

of law

enforcement

activity at a toy

factory

2004 County law

enforcement

provided

info

Industry

website

news

Site location,

age, number

of children,

recruitment

process,

wages

Local Police

officer’s

account

1 factory, 35

children 11–

16 years old

Huidong,

Guangdong

Province

Children as young

as 11 years old,

excessively low

wages, crowded

facility, operation

with no license,

official shut down

for investigation
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 182~

TOY SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

To.A.

9

Evidence:

Journalist

reports CL,

case under

government

investigation

Website

released report

of onsite visit of

toy factory

2007 Reporter on

site visit

Website

news

Site location,

age, number

of children,

living/work

conditions,

wages

Journalist

observation

and

confrontation

with the

owners

1 factory,

approx 30

child laborers

Dongguan,

Guangdong

Province

Most children

ages 14–15,

owner cover up by

forbidding children

from going out

and withholding

ID

To.A.

10

Evidence: Indepth

investigative

report,

longitudinal

follow-up to the

markets and CL

cases

Covers multiple

industries

including the toy

industry, but

details are not

specified by

industry

2008 Site visit,

interviews,

participative

observation

analysis of

the process

and

structure of

CL market

Reputable

regional

newspaper

Sites of labor

markets,

people

involved, CL

living/

working

conditions,

wages,

social and

physical

environmt.

Children, labor

recruiters,

brokers,

foremen,

employers,

andreporter’s

observation

and analysis

Numerous

markets,

factories,

hundreds of

children,

across

Sichuan and

Guangdong

Provinces

Sichuan and

Guangdong

Provinces

Children as young

as 9, large

quantities, forced

or fraudulent

recruitment, faked

IDs, poor living/

working

conditions,

predatory fees

and extremely low

pay, violence,

drug use, criminal

activities

To.A.

11

Evidence:

Report on

government

response to CL

and law

enforcement

activities

2

nd report (after

To.A.12) on CL

in multiple

industries, toy

included, but

details not by

industry

2008 Interview

with govmt.

officers, site

visits,

observation

Reputable

regional

newspaper

Sites of labor

markets,

people

involved, CL

living/workin

g conditions,

wages,

social and

physical

environment

s

Government

officials, local

police, child

laborers, and

parents

Focus on CL

hiring

counties in

Guangdong,

also refers to

the CL

source sites

Sichuan and

Guangdong

Provinces

Children as young

as 12, large

quantities, forced

or fraudulent

recruitment, faked

IDs, poor living/

working

conditions,

predatory fees

and extremely low

pays
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 183~

TOY SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

Forced Child Labor

Site visits To.S.

4

Evidence:

5 child laborers

in Huiyida Toy

Factory

Withheld and

unpaid wages

and deception

about terms of

work

(involuntary

nature of work),

financial

penalties

(menace of

penalty), long

working hours

(coercion of

children)

11/12/

2008

Personal

interview

and

observation

Designated

researcher

Site location,

wages,

recruitment,

children under

16, current

conditions,

hazardous

work

5 children at

factory

personally

interviewed;

2 others

observed by

researcher;

knowledge of

many other

child laborers

(number not

known) by

children

Changping

town,

Dongguan

City,

Guangdong

Province

Children as young

as 11, unpaid and

withheld wages,

hazardous

conditions, forced

overtime, long

hours, deception

about nature of

work

Articles To.A.

1

Evidence:

Report on CL

ring in toys and

other consumer

goods

Report from

Chinese

authorities that

100 children

were“rescued”

from CL ring;

ages 13–15

5/1/

2008

Interviews

(govmt.

authorities,

professor in

China),

secondary

sources

Major

newspaper

Laborer

ages,

conditions,

social/policy

analysis,

pay, forced

recruitment,

hours

worked

Chinese

government

authorities,

researcher,

and secondary

sources

Unnamed toy

factory;

approximatel

y 100

children

Dongguan in

Guangdong

Province

As young as 13,

little pay, coercive

treatment,

menace of

penalty, slave-like

conditions, sale of

children, tricking

or kidnapping

children

To.A.

2

Evidence:

Report of CL in

toy factories in

Guangdong

Children as

young as 10

working in toy

factories

12/17/

2007

Secondary

sources,

observation

Major

newspaper;

op-ed by

children’s

rights

activists

Ages,

conditions

Observation by

authors

Unknown Guangdong Children as young

as 10, menace of

penalty and

coercion (threat of

physical violence)

To.A.

6

Evidence:

NGO report on

CL practices in

one toy factory

Some children

under 16; 100

aged 16;

menace of

penalty

(withheld/lost

wages) and

involuntary

nature of work

7/2008 Site visits,

interviews

NGO report Site location,

ages,

recruitment

practices,

living/

working

conditions,

hours, wages

Interviews and

site visits

600 workers

total; some

children

under 16;

100 aged 16

Kai Da Toy

Factory in

Shenzhen,

Guangdong

Province

Withheld/lost

wages,

compulsory

overtime, children

ages 16 and

under, 100

children age 16
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 184~

TOY SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

(compulsory

overtime)

To.A.

8

No evidence:

News report of

illegal CL in a

toy factory

Website report

of law

enforcement

activity at a toy

factory, no sign

of menace of

penalty or

coercion

2004 County Law

enforcement

provided

info

Industry

website

news

Site location,

age, number

of children,

recruitment

process,

wages

Local police

officer’s

account

1 factory, 35

children 11–

16-year-old

Huidong,

Guangdong

Province

Children as young

as 11, excessively

low wages,

crowded facility,

operation with no

license, official

shut down for

investigation

To.A.

9

Evidence:

Journalist

reports CL,

case is under

government

investigation

Website

released report

of on-site visit of

toy factory,

signs of menace

of pen. or

coercion

2007 Reporter on

site visit

Website

news

Site location,

age, number

of children,

living/work

conditions,

wages

Journalist

observation

and

confrontation

with the

owners

1 factory,

approx 30

CLs

Dongguan,

Guangdong

Province

Most children age

14–15 years old,

owner cover up by

forbidding children

from going out

and withholding

ID

To.A.

10

Evidence: Indepth

investigative

journalist

report,

longitudinal

follow-up to the

markets and CL

cases

Cover multiple

industries

including the toy

industry, but

details are not

specified by

industry,

menace of

penalty,

coercion

2008 Site visit,

interviews,

participative

observation

analysis of

the

process,

and

structure of

CL market

Reputable

regional

newspaper

Sites of labor

markets,

people

involved, CL

living/

working

conditions,

wages,

social and

physical

environment

Children, labor

recruiters,

brokers,

foremen,

employers,

and reporter’s

observation /

analysis

Numerous

markets,

factories,

hundreds of

children,

across

Sichuan and

Guangdong

Provinces

Sichuan and

Guangdong

Provinces

Children as young

as 9, large

quantities, forced

or fraudulent

recruitment, faked

IDs, poor living/

working

conditions,

predatory fees

and extremely low

pay, violence,

drug use, criminal

activities

To.A.

11

No evidence:

Report on

government

response to CL

and law

enforcement

activities

2

nd report (after

To.A.12) on CL

in multiple

industries, toy

included, but

details not by

industry, no

mention of

menace of

2008 Interview

with

government

officers, site

visits,

observation

Reputable

regional

newspaper

Sites of labor

markets,

people

involved, CL

living/workin

g conditions,

wages,

social and

physical

Government

officials, local

police, child

laborers, and

parents

Focus on CL

hiring

counties in

Guangdong,

also refers to

the CL

source sites

Sichuan and

Guangdong

Provinces

Children as young

as 12, large

quantities, forced

or fraudulent

recruitment, faked

IDs, poor living/

working

conditions,

predatory fees
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 185~

TOY SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

penalty or

coercion

environment and extremely low

pay

Forced Labor

Site visits To.S.

2

Evidence:

Interviews with

laborers at

Xinda Toy

Company

Withholding

wages

(involuntary

nature of work),

low wages,

financial

penalties

(menace of

pen.)

11/10/

2008

Personal

interview

Designated

researcher

Current

conditions,

pay and

fines, hours

worked, site

location

6 adult

laborers at

factory

Unclear how

many

workers

Hengli town,

Dongguan

City,

Guangdong

Province

Withheld wages,

financial

penalties,

hazardous

working

conditions

To.S.

3

Evidence:

Interview with

adult employee

at Huiyida Toy

Factory

Financial

penalties

(menace of

penalty),

involuntary

nature of work

(withheld

wages)

11/12/

2008

Personal

interview

Designated

researcher

Site location,

reports of

children

under 16,

wages

Interview with

adult

employee

Over 1,000

workers total

Changping

town,

Dongguan

City,

Guangdong

Province

Withheld wages,

financial penalties

To.S.

5

Evidence:

Interviews with

laborer at

Hayidai Toy

Company

Involuntary

nature of work

(withholding

wages), denial

of resignation

(through

withheld wages)

11/11/

2008

Personal

interview

Designated

researcher

Current

conditions,

pay, fines,

hours

worked, site

location

Interview with

1 adult

employee at

factory

80–90

workers

Liaobu town,

Dongguan

City,

Guangdong

Province

Withheld wages,

hazardous

working

conditions

Articles To.A.

6

Evidence:

NGO report on

CL practices in

one toy factory

Menace of

penalty

(withheld/lost

wages) and

involuntary

nature of work

(compulsory

overtime)

7/2008 Site visits,

interviews

NGO report Site location,

ages,

recruitment

practices,

living/workin

g conditions,

hours, wages

Interviews and

site visits

600 workers

total

Kai Da Toy

Factory in

Shenzhen,

Guangdong

Province

Withheld/lost

wages,

compulsory

overtime
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 186~

TOY SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

To.A.

12

Evidence:

NGO report on

abusive labor

practices at toy

factory

Involuntary

nature of work

(compulsory

overtime and

withheld wages)

12/21/

2005

Interviews

with

workers

NGO report Site location,

wages,

conditions,

hours

worked

Interviews 300 workers Huangwu

No. 2 Toy

Factory,

Dong Keng

Township,

Dongguan

City in

Guangdong

Province

Compulsory

overtime,

withheld/lost

wages, hazardous

working

conditions

To.A.

13

Evidence:

NGO report on

abusive labor

practices at 5

toy factories

which

manufactured

for Wal-Mart

and Dollar

General

Involuntary

nature of work

(compulsory

overtime and

withheld

wages), menace

of penalty

(financial

penalties/fine

6/2007 Interviews

with

workers

and site

visits

NGO report Site

locations,

wages,

conditions,

hours

worked

Interviews and

site visits

9,500–

10,500

workers

across 5

factories

(approx.)

In Shenzhen:

Tai Hsing

Toys, Xin Tai

Xing Toys,

Zai Xing

Toys, and

Tai Qiang

Products; in

Zhuhai City:

Kam Long

Industrial. All

5 in

Guangdong

Province.

Compulsory

overtime, withheld

wages, financial

penalties/fines,

hazardous

living/working

conditions, lack of

contracts

To.A.

14

Evidence:

NGO reports on

abusive labor

practices at 3

Disney toy

factories

Involuntary

nature of work

(blocking

resignations,

compulsory

overtime, and

low/withheld

wages), menace

of penalty

(financial

penalties/fines

8/18/

2005

(original

report)

Interviews

with

workers

and site

visits

NGO report Site

locations,

wages,

conditions,

hours

worked

Interviews and

site visits

16,000

workers

across 3

factories

(approx.)

In

Dongguan:

Nord Race

and Lam Sun

factories; in

Shenzhen:

Hung Hing.

All 3 in

Guangdong

Province.

Compulsory

overtime, withheld

wages, financial

penalties/fines,

hazardous

living/working

conditions, lack of

contracts,

blocking

resignations
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 187~

TOY SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

To.A.

15

Evidence:

NGO reports on

abusive labor

practices at 3

Disney toy

factories

Involuntary

nature of work

(compulsory

overtime and

low/withheld

wages), menace

of penalty

(financial

penalties/fines

12/

2006

(follow-up

to

To.A.17)

Interviews

with

workers

and site

visits

NGO report Site

locations,

wages,

conditions,

hours

worked

Interviews and

site visits

2,500–3,500

workers

across 3

factories

(approx.)

In Shenzhen:

Huang Xing

and Qi

Sheng

factories; in

Zhuhai: Kam

Long

Industrial

(see

To.A.17). All

3 in

Guangdong

Province.

Compulsory

overtime, withheld

wages, financial

penalties/fines,

hazardous

living/working

conditions, lack of

contracts

To.A.

16

Evidence:

NGO report on

CL practices in

one toy factory

Menace of

penalty

(withheld/lost

wages) and

involuntary

nature of work

(compulsory

overtime);

denial of

resignation

2/2004 Site visits,

interviews

NGO report Site location,

recruitment

practices,

living/workin

g conditions,

hours, wages

Interviews and

site visits

500–600

workers in

slow season;

2,100 in

peak

He Yi

Electronics

and Plastics

Products in

Dongguan,

Guangdong

Province

Withheld/lost

wages,

compulsory

overtime, denial of

resignation

To.A.

17

Evidence:

NGO report on

CL practices in

a Bratz toy

factory

Menace of

penalty

(withheld/lost

wages) and

involuntary

nature of work

(compulsory

overtime)

12/21/

2006

Site visits,

interviews

NGO report Site location,

recruitment

practices,

living/workin

g conditions,

hours, wages

Interviews and

site visits

4,000

workers

Hua Tai 4K

Factory in

Shenzhen,

Guangdong

Province

Withheld/lost

wages,

compulsory

overtime

To.A.

18

Evidence:

NGO report on

CL practices in

a Thomas and

Friends toy

factory

Menace of

penalty

(withheld/lost

wages) and

involuntary

nature of work

(compulsory

overtime)

2007 Site visits,

interviews

NGO report Site location,

recruitment

practices,

living/

working

conditions,

hours, wages

Interviews and

site visits

1,500

workers, of

whom 1,000

were laid off

without

wages after

toy recall

Hansheng

Wood

Products

Factory in

Dongguan,

Guangdong

Province

Withheld/lost

wages,

compulsory

overtime,

hazardous

working

conditions,

penalties for

talking, firing after

toy recall without
Summary Report: Child Labor, Forced Labor,

and Forced Child Labor in China

~Page 188~

TOY SECTOR

Ref.

No.

Nature of

Information

Date

Release

Source Reliability Significance

Relevancy Accuracy Method Reputation Details Type of info

source

Scale Geographic

widespread

Severity

payment of back

wages

To.A.

19

Evidence:

NGO report on

CL practices in

a toy factory

Menace of

penalty

(withheld/lost

wages, threat of

being fired) and

involuntary

nature of work

(compulsory

overtime)

11/

2007

Site visits,

interviews

NGO report Site location,

recruitment

practices,

living/

working

conditions,

hours, wages

Interviews and

site visits

Over 5,000

workers

Xin Yi

Plastics

Company in

Shenzhen,

Guangdong

Province

Withheld/lost

wages,

compulsory

overtime,

hazardous

working

conditions, threats

to being fired for

“talking”or

“inattentive

attitude”