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People's Republic of China International Centre for Missing & Exploited Children Global Missing Children Research Initiative PEOPLE’S REPUBLIC OF CHINA Ratification, Acceptance (A), International Instrument Signature Approval (AA), Accession (a), Entry Into Force Succession (d) UN Convention on the Rights 29 Aug 1990 2 Mar 19921 27 Dec 1995 of the Child UN Optional Protocol on the Sale of Children, Child 30 Sep 2000 3 Dec 2002 21 Nov 2006 Prostitution and Child Pornography Protocol to Prevent, Suppress and Punish Trafficking in 8 Feb 20102 Persons UN Optional Protocol on the Involvement of Children in 15 Mar 2001 20 Feb 2008 Armed Conflict UN Convention for the Protection of All Persons from Enforced Disappearance Hague Convention on Applies only to Hong Kong and International Child Abduction Macao (successions)3 In China, there are three laws that refer directly or indirectly to missing children: 1. Criminal Law of the People’s Republic of China of 1979, amended as of 1997; 2. Law of the People’s Republic of China on the Protection of Minors of 1991; and 3. Exit-Entry Administration Law of the People’s Republic of China of 2012. General Child Protection The Ministry of Public Security, China’s principal police and security authority, is primarily responsible for the safety of children. There is no government bureau that specifically deals with child protection issues. 1 China’s Reservation: “[T]he People’s Republic of China shall fulfill its obligations provided by article 6 of the Convention under the prerequisite that the Convention accords with the provisions of article 25 concerning family planning of the Constitution of the People’s Republic of China and in conformity with the provisions of article 2 of the Law of Minor Children of the People’s Republic of China.” 2 China Reservation and Declaration upon accession: “Reservation: China shall not be bound by paragraph 2 of Article 15 of the Protocol. Declaration: Unless otherwise notified by the Government, the Protocol shall not apply to the Hong Kong.” On 8 February 2010, China made the following declaration, made upon its accession to the Protocol, in respect of Hong Kong and Macao: “In accordance with the provisions of Article 138 of the Basic Law of the Macao Special Administrative Region of the People’s Republic of China and Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, China decides that the Protocol shall apply to the Macao, and unless otherwise notified by the Government, shall not apply to the Hong Kong.” 3 This Convention applies to the Special Administrative Regions of Hong Kong (“Hong Kong”) and Macao only, as a result of extensions made by the United Kingdom of Great Britain and Northern Ireland (“UK”) and Portugal, respectively. When Hong Kong and Macao were restored to the People's Republic of China (“China”) on 1 July 1997 and 20 December 1999, respectively, China declared that the Convention will continue to apply for Hong Kong and Macao. -1- Published April 2018 International Centre for Missing & Exploited Children Global Missing Children Research Initiative The Law on the Protection of Minors of the People’s Republic of China of 1991 is the primary law protecting the physical and mental health of minors, safeguarding their lawful rights and interests, and promoting their all-round development. The law protects against the discrimination of females as well as the abandonment of infants.4 General Missing Child Issues Of the children in China who are believed to be missing as a result of kidnapping and human trafficking, boys, ages 0-14, are disproportionately more likely to be victims than girls of the same age.5 In contrast, among the age group of 14-18, girls are more susceptible to human trafficking than boys.6 Families without boys may seek to buy or adopt young boys from kidnappers, traffickers, or adoption agencies.7 Based on cases handled by Chinese law enforcement, kidnappings may be perpetrated by criminal organizations that are national, highly organized, and involve multiple rings with hundreds of members that move children over great distances and between numerous handlers. 8 This ensures that kidnapped children are nearly impossible to trace, and as a result, most kidnapped and trafficked children are never reunited with their families.9 Missing children also may end up as liulang people in Chinese cities.10 “Liulang” is a Chinese term that means being homeless, being away from home involuntarily, or being unidentifiable because of loss of memory or illness.11 Although there are no specific written guidelines on how law enforcement should respond to missing children, China has some policies specifically focused on the rescue and assistance of liulang children. The 2009 amendment to the State Council of PRC Order No. 381 stipulated that in dealing with liulang people, minors’ special needs and vulnerability to exploitation should be addressed; when necessary, minors should be kept separately from other homeless people.12 Definition of “Missing Child” There is no specific definition of “missing child” in China’s legislation. Article 2 of the Law on the Protection of Minors of 1991 defines a “minor” as “under the age of eighteen.”13 Runaways Articles 14, 16, 19, and 20 of The People’s Republic of China Prevention of Juvenile Delinquency Law features some guidelines concerning child runaways.14 For instance, Article 14 notes that parents and guardians should advise juveniles to avoid staying out at night or being truant from school.15 Further, middle schools and primary schools are responsible for contacting the juvenile’s parents or guardians 4 Law of the People's Republic of China on the Protection of Minors, Chapter II Article 10, at http://www.npc.gov.cn/englishnpc/Law/2007-12/12/content_1383869.htm (last visited Mar. 8, 2018). 5 Analysis of the status of trafficked children in China: Half of them were sold by relatives, CAIXIN.COM, Jun. 23, 2015, at http://m.opinion.caixin.com/m/2015-06-23/100821499.html (last visited Apr. 4. 2018) (on file with the International Centre for Missing & Exploited Children). 6 Id. 7 Id. 8 Charles Custer, China’s Missing Children, FOREIGN POLICY, Oct. 10, 2011, at http://foreignpolicy.com/2011/10/10/chinas-missing- children/ (last visited Mar. 8, 2018). 9 Id. 10 Suggestions on Eliminating the Phenomenon of Children’s Wandering and Begging, CHINA FREE PRESS, Nov. 19, 2007, at http://www.canyu.org/n86c11.aspx (last visited Mar. 4, 2018). 11 The term liúlàng is defined as homeless, vagrant, unsettled. See, Pin Pin Chinese English Dictionary, at http://dictionary.pinpinchinese.com/definitions/t/%E6%B5%81%E6%B5%AA-liulang (last visited Mar. 4, 2018). 12 Notice on Further Strengthening Relief Management of Urban Street Vagrants and Beggars and Wandering Minors' Rescue and Protection Work, Ministry of Civil Affairs of the People’s Republic of China, at http://www.mca.gov.cn/article/zwgk/fvfg/shsw/200908/20090800033873.shtml (last visited Mar. 5, 2018). 13 Law of the People's Republic of China on the Protection of Minors, supra note 4. 14 Law of the People's Republic of China on Prevention of Juvenile Delinquency, at http://www.npc.gov.cn/englishnpc/Law/2007- 12/11/content_1383561.htm (last visited Mar. 5, 2018). 15 Id. at Article 14. -2- Published April 2018 International Centre for Missing & Exploited Children Global Missing Children Research Initiative if they are truant. When a juvenile stays out at night without permission, the parents, guardians or boarding school must look for them without delay or ask law enforcement for assistance.16 Under Article 19, parents or guardians may not permit juveniles under the age of 16 to live on their own.17 Article 20 states that the parents or guardians of juveniles many not compel the juveniles to run away from home nor may they discard their duty of guardianship. It further requires that when juveniles do run away from home, that their parents or guardians must look for them without delay and/or request assistance from the public security organs.18 Article 43 of the law highlights the responsibility of the Civil Affairs Department in protecting “minors who wander about and go begging or those who flee from their homes.”19 The minors are returned to their parents or guardians unless their identities cannot be confirmed and thus the minors become the responsibility of the welfare organizations under the civil affairs department. Abandonment Article 41 of the Law of the People’s Republic of China on Prevention of Juvenile Delinquency specifies juveniles who have been abandoned or maltreated by their parents or guardians may ask the public security organs, and other designated agencies for protection and the agencies must take measures to help the juvenile, immediately if needed. 20 However, there is no specific definition of “abandonment.” Article 261 of the Criminal Law of the People’s Republic of China of 1979 (Criminal Law) criminalizes the abandonment of minor dependents incapable of self-support. Kidnapping and Abduction Articles 240, 241, and 242 of the Criminal Law of the People’s Republic pf China provide that the sentence for abducting children or deliberately interfering with the rescue of abducted children should be imprisonment of three years or under, five to ten years, or more than 10 years or the death penalty, depending on the degree of culpability.21 Article 240 describes various categories of abduction: Whoever abducts and trafficks a woman or child shall be sentenced to fixed-term imprisonment of not less than five
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