The Committee considered the initial report of China including Macau Special Administrative Region (CRC/C/OPSA/CHN/1 and Part II) submitted on 11 May 2005 at its 1062nd to 1065th meetings (see CRC/C/SR.1062-1065), held on (19 and 20 September 2005), and adopted at its 1080 th meeting, held on ( 30 September 2005), the following concluding observations.

The Committee welcomes the submission of the State party's initial report covering the implementation of the Optional Protocol in the mainland and Macau Special Administrative Region (SAR). The Committee appreciates the frank and open dialogue held with the delegation.

The Committee notes with appreciation the efforts made by the State party to submit its initial report in a timely manner so that it could be considered together with its second periodic report. Nevertheless the Committee regrets that the application of the Optional Protocol has not been extended to Hong Kong SAR.

The Committee welcomes the heightened efforts of the State party to combat trafficking and sexual exploitation in mainland China and the information provided by the delegation that coordination between the mainland and the Special Administrative Regions is increasing, in particular with respect to the reunification of victims with their families. Nevertheless, it is concerned that in the mainland the issue is addressed primarily by the Ministry of Public Security with limited coordination with other ministries and insufficient attention paid to the socio-economic aspects of human trafficking.

The Committee recommends that in mainland China the State party consider establishing a central coordinating body which includes relevant line ministries, affected children and youth, and non-governmental organizations, in particular those able to address the socio-economic aspects of trafficking and sexual exploitation. The Committee also urges the State party to further coordinate activities between the mainland and the Special Administrative Regions with regard to victims’ assistance and also prevention and prosecution of offences.

While noting with appreciation the State party’s signature of the Memorandum of Understanding (MOU) against Human Trafficking in the Mekong Subregion in October of 2004, the Committee is concerned at the absence of a Plan of Action to combat trafficking and sexual exploitation applicable either to the mainland or Macau SAR.

The Committee recommends that the State party elaborate and implement a Plan of Action applicable to the mainland and Macau SAR respectively based on the Stockholm and Yokohama Agenda for Action and the provisions of the Optional Protocol.

The Committee recommends that the State party strengthen its efforts to collect disaggregated data on the victims of trafficking, sale of children, child prostitution and child pornography, which includes data on the numbers of boys and girls affected, broken down with regard to the Special Administrative Regions, the mainland and the provinces and regions within the mainland and neighbouring countries.

C.2. Prohibition of the sale of children, child pornography and child prostitution

While noting that trafficking and sale of children is criminalized in the mainland through the 1997 Penal Code, the Committee is concerned that the Penal Code does not include all purposes and forms of sale of children included in article 3(1) of the Protocol.

The Committee recommends that the State party amend the 1997 Penal Code to prohibit the trafficking and sale of children for all purposes listed in art. 3(1) of the Protocol, with special attention to the sale and trafficking for purposes of adoption.

The Committee is concerned that the requirement of double criminality, either for extradition or domestic prosecution of crimes allegedly committed abroad, hampers the prosecution of offences outlined in articles 1, 2 and 3 of the Protocol.

The Committee recommends that the State party amend legislation in order to abolish the requirement of double criminality for extradition and/or prosecution within the mainland, of offences committed abroad.

The Committee recommends that the State party expand the services provided to child victims of trafficking and sexual exploitation in the mainland and Macau SAR to assist their recovery and reintegration and ensure that they are specifically designed to address the needs of such victims.

While the Committee notes the measures taken in mainland China to punish offences related to the sale of children, child prostitution and child pornography, the Committee is concerned that insufficient attention is paid to prevention of such offences. The Committee also takes note of the information provided by the delegates from Macau SAR that efforts at prevention are being increased as gaming activities expand within the territory.

The Committee recommends that the State party pay increased attention to the prevention of the sale of children, child prostitution and child pornography inter alia through measures to address the socio-economic causes, public awareness campaigns, and education for parents and children on preventing and reducing the risks of trafficking and sexual exploitation. The Committee also urges the State party to further enhance its efforts related to prevention in Macau SAR and provide additional information on these efforts in the next periodic report.

The Committee notes with appreciation the increased regional cooperation between the State party and neighbouring countries, such as Vietnam. However, it is concerned about reports of increased cross-border trafficking of girls, both from and to the State party, apparently for the purposes of sexual exploitation and prostitution.

The Committee recommends that in the mainland, the State party:

conduct further research about the scale and nature of cross-border trafficking for the sale of children, child prostitution, child pornography and sex tourism in collaboration with international or regional organizations and agencies and neighbouring countries; and,

expand its international cooperation through further multilateral, regional and bilateral arrangements for the prevention, detection, investigation, prosecution and punishment of those responsible for acts involving the sale of children, child prostitution, child pornography and child sex tourism.

The Committee recommends the State party to take all appropriate measures to ensure full implementation of the present recommendations, inter alia, by transmitting them to the members of the State Council and the National People’s Congress in the mainland and the Executive Council and Legislative Assembly in Macau SAR, and to provincial and local authorities, when applicable, for appropriate consideration and further action.

The Committee recommends that the initial periodic report and written replies submitted by the State party and related recommendations (concluding observations) it adopted be made widely available, including through the Internet (but not exclusively), to the public at large, civil society organizations, youth groups, professional groups, and children in order to generate debate and awareness of the Convention, its implementation and monitoring.