E/C.12/CHN/CO/2 (e) To fully investigate allegations of violations of the labour law and to take effective action against those found to be in breach of the law. Sexual harassment in the workplace 21. The Committee notes with deep concern that, despite the adoption of the Special Rules on the Labour Protection of Female Employees to prevent sexual harassment, sexual harassment in the workplace still frequently occurs in the State party (art. 7). The Committee urges the State party to take all appropriate measures to address the problems of sexual harassment in the State party and ensure the full implementation of the Special Rules on the Labour Protection of Female Employees. The Committee recommends that the State party incorporate sexual harassment in the workplace in its criminal legislation. Forced labour 22. While noting with satisfaction the Decision of the Standing Committee of the National People’s Congress on Repealing Legislation on Re-education through Labour, as was recommended in its previous concluding observations (E/C.12/1/Add.107, para. 51), the Committee remains concerned about the lack of effective implementation of this decision, particularly at the municipal and provincial levels (arts. 6 and 7). The Committee urges the State party to take all necessary measures to ensure the effective implementation of the decision of the National People’s Congress on the abolishment of the Re-education through Labour system throughout the State party, as well as to ensure that no alternative or parallel system of forced labour is put in place, particularly at the local level. Trade union rights 23. The Committee remains concerned that workers cannot freely exercise their right to form and join trade unions outside the structure of the All China Federation of Trade Unions. The Committee is also concerned that the Trade Union Law does not provide for the right of workers to strike. The Committee is further concerned that the State party has not withdrawn its declaration on article 8, paragraph 1, of the Covenant (art. 8). The Committee reiterates its previous recommendation (E/C.12/1/Add.107, para. 55) that the Trade Union Act be amended to allow workers to form independent trade unions, both within and outside the structure of the All China Federation of Trade Unions. The Committee also recommends that the State party consider the legal recognition of the right to strike. In addition, the Committee strongly urges the State party to consider withdrawing its declaration on article 8, paragraph 1, of the Covenant. Access to social security 24. The Committee welcomes the efforts made by the State party to grant universal access to social security, including basic old-age pensions, basic medical care and the minimum living standard scheme (di bao). However, the Committee is concerned about the significant persistence of disparities between the urban and rural populations and among rural-to-urban migrant workers, in relation to access to and the quality and amount of benefits (art. 9). 7

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