China set to abolish forced labour detention system for sex workers

‘Custody and education’ allows prostitutes and clients to be detained for up to two years without trial, and forced to make toys and household goods

State media have reported a decrease in detentions, while studies suggested the system was discriminatory and did not stem the sex trade

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A bill to end a detention measure targeting prostitution has been submitted to China’s legislature. Photo: AFP

Published: 8:00am, 26 Dec 2019Updated: 12:43pm, 2 Jan 2020

China’s extrajudicial detention of sex workers or their customers, known as “custody and education”, is set to be abolished, in what experts called a long-overdue move.

The detention system has been used to crack down on prostitution, which is illegal on the mainland, since the 1980s. Sex workers and their clients could be detained for up to two years without trial in centres overseen by the police.

More than 300,000 people were detained in custody and education (C&E) between 1987 and 2000, according to a report by NGO Asia Catalyst. Although the government does not publish regular numbers of detainees, mainland media have reported a steady decrease in detentions in recent years, resulting in the closures of some detention facilities.

The punishment was considered comparable to two other extrajudicial measures: the re-education through labour system, which targeted petty criminals, and the custody and repatriation system for illegal migrant workers. Those were abolished in 2013 and 2003 respectively.

The Standing Committee of the National People’s Congress (NPC), China’s legislative body, is reviewing a bill to discontinue C&E that was submitted by the State Council, the country’s cabinet, state news agency Xinhua reported. The bill is expected to be passed by Saturday.