10.10.2007 - Source: Congressional-Executive Commission on China

Government does not fully respect internationally recognized worker rights and continued to deny workers the fundamental right to organize into independent unions ("Annual Report 2007") [ID 21294]

see report for further details

"The Chinese government does not fully respect  internationally recognized worker rights. Chinese citizens are  not guaranteed either in law or in practice full worker rights  in accordance with international standards. In the five-year  period the Commission has reported on worker rights in China,  the government has made progress in enacting more legal  protections for workers, but has continued to deny workers the  fundamental right to organize into independent unions and  strike to achieve meaningful change. In addition to these  restrictions, factors such as poor implementation of labor  protections on the books and collusion between local officials  and employers create obstacles for workers who attempt to  protect their rights. Although market liberalizations have  brought Chinese citizens more freedom to choose their  employment, along with prosperity and better jobs for some  workers, social and economic changes also have engendered  abuses from forced labor and child labor to flagrant violations  of health and safety standards, wage arrearages, and loss of  job benefits. Residency restrictions present hardships for  workers who migrate for jobs in urban areas. In addition, tight  controls over civil society organizations hinder the ability of  citizen groups to champion for worker rights."

Document(s): Open document

10.10.2007 - Source: Congressional-Executive Commission on China

Chinese migrants face numerous obstacles in the protection of their labor rights; employers deny them fair working conditions ("Annual Report 2007") [ID 21316]

see report for further details

"Chinese migrants face numerous obstacles in the protection of their labor rights, and employers have exploited migrant workers' uprooted status to deny them fair working conditions. A report from the State Council Research Office found that wages for migrant workers are ``universally low;'' workplaces lack ``the most basic labor protection[s];'' migrant workers ``engage in overly intensive labor for excessively long hours,'' without a guaranteed right to rest; and migrant workers are ``unable to obtain employment rights and public employment services'' on a par with permanent urban residents.151 Migrant workers are reportedly denied a total of 100 billion yuan in back pay, with 94 percent of migrant workers in the construction sector not paid on time.152 The central government has enacted a series of decrees to ease restrictions for migrant workers, but the measures lack sufficient legal force and sustainability at the local government level to ensure consistent implementation."

Document(s): Open document

10.10.2007 - Source: Congressional-Executive Commission on China

Shanxi and Henan provinces: Massive network of forced labor in brick kilns including children and mentally challenged adults kidnapped by human traffickers ("Annual Report 2007") [ID 21317]

see report for further details

"In May and June 2007, Chinese media and Internet activists uncovered a massive network of forced labor in brick kilns in Shanxi and Henan provinces. Reports indicated that people forced to work in the kilns included children and mentally challenged adults kidnapped by human traffickers and sold to the kilns, where they were beaten, denied food, and forced to work up to 20 hours per day. In other cases, workers were lured to the kilns through promises of high salaries. [...]
Chinese officials announced in August 2007 that a  nationwide campaign led to the rescue of 1,340 enslaved  workers,177 but government reports of the size and scope of  the problem appeared to conflict with accounts by citizens.  Parents from Henan province, for example, said that up to 1,000  children were forced into labor in Shanxi province, but Shanxi  provincial vice-governor Xue Yanzhong said that authorities had  inspected 4,861 brick kilns in the province and identified only  15 child workers. According to Xue, only 17 of the brick kilns  inspected used forced labor."

Document(s): Open document

06.2007 - Source: Freedom House

Independent labor leaders are harassed, detained, and jailed ("Freedom in the World 2007") [ID 20404]

"Chinese workers are not allowed to form independent labor unions. The only union permitted is the government-controlled All China Federation of Trade Unions. Independent labor leaders are harassed, detained, and jailed for their efforts. Collective bargaining is legal in all industries but seldom occurs in practice. Despite the fact that workers lack the legal right to strike, there has been a growing wave of strikes over layoffs, dangerous working conditions, unpaid wages, and benefits. The reaction of local officials varies, with most offering partial concessions to workers while detaining strike leaders."

Document(s): Open document

06.2007 - Source: Freedom House

Labor laws are poorly enforced ("Freedom in the World 2007") [ID 20405]

"Although labor laws exist, they are poorly enforced. Employers frequently ignore minimum wage requirements and fail to implement required health and safety measures. Highly publicized mining accidents, which claimed 5,286 lives in the first 11 months of 2006, prompted the government to publicize its concerns with improving worker safety."

Document(s): Open document

06.2007 - Source: Freedom House

Migrant workers are unable to gain full access to social services like health care and education and are subject to exploitation ("Freedom in the World 2007") [ID 20411]

"Concerns over social stability, and the need to control China’s “floating population” of some 140 million internal-migrant workers, have prompted the government to experiment with reform of the household registration, or hukou, system, to allow for greater mobility. However, restrictions remain on changing one’s employer or residence, and with quotas on the number of temporary residence permits issued in urban areas, many migrants remain outside the system, unable to gain full access to social services like health care and education, and subject to exploitation."

Document(s): Open document

23.05.2007 - Source: Amnesty International

Rural migrant workers in cities faced wide-ranging discrimination ("Annual Report 2007") [ID 20012]

"Rural migrant workers in China's cities faced wide-ranging discrimination. Despite official commitment to resolve the problem, millions of migrant workers were still owed back pay. The vast majority were excluded from urban health insurance schemes and could not afford private health care. Access to public education remained tenuous for millions of migrant children, in contrast to other urban residents. An estimated

20 million migrant children were unable to live with their parents in the cities in part because of insecure schooling.

• Beijing municipal authorities closed dozens of migrant schools in September, affecting thousands of migrant children. While authorities claimed to have targeted unregistered and sub-standard schools, onerous demands made it nearly impossible for migrant schools to be registered. Some school staff believed the closures were aimed at reducing the migrant population in Beijing ahead of the 2008 Olympics"

Document(s): Open document
Open document

14.03.2007 - Source: World Organisation Against Torture

Union freedoms remain non-existent ("Steadfast in Protest; Annual Report 2006") [ID 19515]

"In China, where union freedoms remained non-existent, it was extremely difficult for workers to defend their rights. For example,Mr. Yao Fuxin, a labour activist in the province of Lianoning, has been detained since March 2002 for “undermining State security” after having led a workers’ demonstration in north-eastern China to protest against corruption and the non-payment of salary arrears."

Document(s): Open document
Open document

06.03.2007 - Source: US Department of State

Workers are not free to organize or join unions of their own choosing ("Country Report on Human Rights Practices 2006") [ID 19168]

"Although the law provides for the freedom of association, in practice workers were not free to organize or join unions of their own choosing. The All-China Federation of Trade Unions (ACFTU), which was controlled by the CCP and chaired by a member of the Politburo, was the sole legal workers' organization. The trade union law gives the ACFTU control over all union organizations and activities, including enterprise-level unions, and requires the ACFTU to "uphold the leadership of the Communist Party." Independent unions are illegal. In some cases the ACFTU and its constituent unions influenced and implemented government policies on behalf of workers; however, the CCP used the ACFTU to communicate with and control workers.[...]

Since 2004 ACFTU has made efforts to expand control over nonunionized workers. A large rural labor force, consisting of approximately 540 million persons, including 300 million agricultural workers, was unorganized; farmers had no union or similar organization. Few of the 130 million rural residents working in township and village enterprises were unionized. Of the 100 to 150 million rural migrants who worked in the cities, the ACFTU claimed that a total of 14 million had joined the union. The Ministry of Construction reported that 11 million of the 40 million migrant workers in the construction industry were union members. However, most migrants working in low-value-added jobs in the manufacturing and service sectors were not represented and were easily exploited. Although migrant workers were first permitted to join the union in 2003, by year's end only 13.8 percent of the migrant workforce was "unionized," and it was not clear what benefits they derived from union membership.

Although the law states that trade union officers at each level should be elected, most were appointed by higher levels of the ACFTU, often in coordination with employers. In areas where an experimental program allowed direct election of union officers, regional ACFTU offices and local party authorities retained control over the selection and approval of candidates.

Some workers acted outside the ACFTU structure to demand back wages, pension or health insurance contributions, or other benefits owed by employers. The government took action against some of these workers, especially when they engaged in organized campaigns. Some workers who complained to local labor and social security bureau offices about working conditions reported that they faced harassment from their employers and police, and sometimes from labor bureau officials. During the year labor rights activists complained throughout the year of police surveillance, including interviews with police and police background investigations of their family members. In November Shenzhen officials investigated the activities of five labor NGOs for their involvement in an organized petition drive to reduce labor arbitration fees. Shenzhen authorities confiscated several computers and shut down two of the NGOs."

Document(s): Open document

06.03.2007 - Source: US Department of State

Worker protests throughout the year ("Country Report on Human Rights Practices 2006") [ID 19169]

"Worker protests occurred throughout the year (see sections 2.b. and 3). Most involved actual or feared job loss, wage or benefit arrears, allegations of owner/management corruption, dissatisfaction with new contracts offered in enterprise restructuring, failure to honor contract terms, or discontent over substandard conditions of employment. In November the Hong Kong press reported that 1,000 laid-off former employees of a bankrupt automobile factory in Gansu Province surrounded the company headquarters, alleging that the company did not pay agreed severance compensation. In August bus drivers in Huaibei, Anhui Province started a spontaneous strike to protest changes in their wages and benefits. While some protests were tolerated, the government took swift action to halt protests that became large or that officials deemed embarrassing."

Document(s): Open document

01.2007 - Source: Human Rights Watch

Government continues to prevent workers from forming independent trade unions ("World Report 2007") [ID 18569]

"The Chinese government continues to prevent workers from forming independent trade unions, arguing that the party-controlled All-China Federation of Trade Unions (ACFTU) sufficiently ensures their rights. As a result, increasing numbers have taken to the streets and to the courts, seeking redress for lost wages and pensions, forced and uncompensated overtime, unlawful wage deductions, employers’ violations of minimum wage regulations, and unhealthy and dangerous working conditions.

In what has been viewed as a victory for workers, Wal-Mart accepted unionization within its stores in China in 2006 after the ACFTU, rather than following traditional topdown organizing, began store-by-store grassroots organizing. However, the ACFTU’s insistence on a “trade union with Chinese characteristics” and its commitment to work with management in setting up local ACFTU braches have cast doubt on its commitment to advocate for workers on rights such as freedom of association and collective bargaining."

Document(s): Open document

12.2006 - Source: Congressional-Executive Commission on China

ACFTU measures promote migrant benefits; also aim to curb independent groups ("China Human Rights and Rule of Law Update (December 2006)") [ID 19569]

"Sun Chunlan, Vice Chair and First Secretary of the All-China Federation of Trade Unions (ACFTU), called for the national union federation to continue efforts to protect the legal rights of migrant workers at an October 15 meeting on migrant labor, according to an October 16 Legal Daily report (in Chinese). Citing the Sixth Plenum mandate to establish a socialist harmonious society, Sun told unions in the federation to focus on five facets of migrant worker protection: participating in the formulation and implementation of laws and policies to protect migrant worker rights; solving acute problems such as wage distribution, labor safety, and social security, while implementing a three-year plan to have enterprises sign contracts with migrant workers; assisting migrant workers with their work and problems in their livelihood; promoting education and training among migrant workers; and bringing more migrant worker groups into ACFTU branches. Sun also cited recent accomplishments in furthering protections for migrants, noting that the ACFTU brought more than 6.5 million migrant workers into its membership during the year. She said that 9.18 million migrant workers in enterprises with ACFTU branches have signed labor contracts, a figure that represents 39.5 percent of ACFTU migrant worker members.

While ACFTU efforts have promoted benefits for migrant workers, its status as a Party-led mass organization prevents migrant workers from exercising internationally recognized labor rights, including the right to organize independent unions. As the only legally recognized labor federation in China, the ACFTU controls all local union branches and aligns worker and union activity with government and Party policy. (For more information, see Section V(c), Protection of Internationally Recognized Labor Rights, in the CECC 2006 Annual Report.)

Sun's call for ACFTU branches to incorporate migrant worker groups also reflects Party opposition to independent labor movements that would threaten state power or challenge the ACFTU's authority. On November 9, Shenzhen authorities closed the office of the Shenzhen Migrant Workers Association (SMWA) after it organized a campaign urging the government to eliminate labor dispute arbitration fees, according to a November 15 Radio Free Asia report (in Chinese) and November 16 China Labour Bulletin (CLB) article. After searching the association's office, as well as the offices of other organizations participating in the campaign, authorities ordered the SMWA to stop operations because it was an unregistered organization that engaged in "illegal activities." The SMWA primarily provided legal services and social activities for migrant workers but also took part in a campaign in March that gathered signatures from 10,000 migrant workers to protest high labor dispute arbitration fees. The SMWA spearheaded work in early November to expand the signature campaign to gather 1 million signatures, according to the CLB article."

Document(s): Open document

20.09.2006 - Source: Congressional-Executive Commission on China

Protection of internationally recognized labour rights ("Annual Report 2006") [ID 17382]

see report for further details - Chapter V(c)

"• The Chinese government does not respect the internationally recognized right of workers to organize their own unions. The All-China Federation of Trade Unions (ACFTU), a Party-led mass organization, is the only legal labor federation in China. It controls local union branches and aligns worker and union activity with government and Party policy. The ACFTU began a campaign in March 2006 to establish union branches in foreign enterprises doing business in China. Chinese workers who attempt to form independent workers’ organizations, or whom the government suspects of being leaders of such organizations, risk imprisonment. The government secretly tried labor rights activist Li Wangyang and sentenced him to 10 years’ imprisonment in September 2001 for staging a peaceful hunger strike. Li had previously served most of a 13-year sentence for organizing an independent union. In May 2003, the government sentenced labor activist Yao Fuxin to a seven-year prison term for peacefully rallying workers to demand wage and pension arrearages from a bankrupt state-owned enterprise. Li and Yao remain in prison.

• Weak protection of worker rights has contributed to an increase in the number of labor disputes and protests. According to ACFTU figures, the number of labor disputes rose sharply in 2005. The ACFTU reports that there were 300,000 labor-related lawsuits filed, a 20.5 percent increase over 2004 and a 950 percent increase compared to 1995. Strikes, marches, demonstrations, and collective petitions increased from fewer than 1,500 in 1994 to about 11,000 in 2003, while the number of workers involved increased from nearly 53,000 in 1994 to an estimated 515,000 in 2003. Poor workplace health and safety conditions and continuing wage and pension arrearages were the most prominent issues resulting in labor disputes during the past year. Chinese industry continues to have a high accident rate, with death rates in the mining and construction industries leading other sectors. According to official statistics, 110,027 people were killed in 677,379 workplace accidents through December 2005, and more than 10,000 workers died in the mining and construction sectors during 2005."

Document(s): Open document

05.05.2006 - Source: World Organisation Against Torture

OMCT: Independent trade unions still not allowed / labour rights activists often face detention ("An alternative report by OMCT reveals that Georgia’s policy to fight against crime leads to unacceptable abuse and torture") [#10068],  [ID 3889]

"Covenant on Economic, Social and Cultural Rights in 2001, it made a reservation to Article 8.1 (a) of the Covenant (the right to form and join a trade union of one’s choice), referring to the contents of national legislation. China has still not ratified the two core ILO Conventions on freedom of association (n°87 and 98). The consequence is that there is only one single trade union in China, workers being denied the right to set up independent unions. The leaders of workers’ protests are systematically arrested. Labour representatives Yao Fuxin, Pang Qingxiang, Xiao Yunliang and Wang Zhaoming, who were arrested during the largest workers demonstration in March 2002 have been detained for more than six months, and to date, they have not been formally charged (on March 11 and 12, over 10,000 workers hit the streets in Liaoyang to demand that the government ensure their right to a decent standard of living).

The Observatory is also concerned about the health of labour rights lawyer Xu Jian, who suffers from acute hepathisis. Xu Jian was arrested in December 1999 and sentenced to four years in prison by the Baotou City Intermediate People’s Court (Inner Mongolia) on July 18, 2000, for allegedly “plotting to overthrow the socialist system and state power”.

A registered legal practitioner in Baotou, Inner-Mongolia, Xu Jian’s only crime was to have provided legal counseling to the workers at his office and via its hotline, as well as helping in filing labour dispute cases for arbitration and litigation. Xu's activities were open and legal."

01.03.2006 - Source: Amnesty International

Prisoner of conscience Zhang Shanguang imprisoned in 1998 after registering the NGO Association for the Protection of the Rights and Interests of Dismissed Workers ("Briefe gegen das Vergessen - März 2006, Zhang Shanguang") [#45116],  [ID 17065]

Document(s): Open document

01.2006 - Source: Human Rights Watch

Labour Rights ("World Report 2006") [#42330],  [ID 17331]

"Workers in China may not form autonomous unions. Officials insist that the Party-run All-China Federation of Trade Unions (ACFTU) sufficiently ensures their rights, in spite of unsafe and unhealthy working conditions––according to official figures, sixteen million enterprises are “toxic” and over two hundred million workers suffer from 115 occupational diseases––unpaid wages, pensions lost when state-owned enterprises go bankrupt or are privatized, and forced and uncompensated overtime.  
 
During 2005, workers repeatedly took to the streets. Some went to prison. Li Xintao, formerly a worker at the Huamei Garment Company in Shandong province, was sentenced to a five-year term in May 2005 for “disturbing public order [and] government institutions.” He had tried to collect wages owed by a bankrupt state-owned enterprise. In October, police detained eight workers leading a protest against the closure of a steel plant in Chongqing.  
 
Miners and a “floating population” of rural laborers have suffered disastrous accident rates. In spite of new policies, official figures report that 4,228 people lost their lives in 2,337 coal mining accidents from January through September 2005."

Document(s): Open document

11.10.2005 - Source: Congressional-Executive Commission on China

Labour rights ("Annual Report 2005") [#37506],  [ID 3873]

see report for further details on "Protection of Internationally recognized Labor Rights"

"The Chinese government does not recognize the core labor rights of freedom of association and collective bargaining. The government prohibits independent labor unions and punishes workers who attempt to establish them."

Document(s): Open document

04.2005 - Source: UK Home Office

Country Report April 2005 - Employments Rights, Industrial Unrest, Workplace Safety ("Country Report - April 2005") [#31975],  [ID 3874]

"6.192 According to the government White Paper, China’s Employment Situation and Policies dated April 2004, “Chinese law stipulates that workers must not be discriminated against in the matter of employment because of ethnic identity, race, sex or religious belief. Chinese law strictly prohibits the employment of people under the age of 16. The state strictly investigates and deals with the illegal use of child laborers and the recommendation of children for work.” [5ac] (p 7 of Section II)

6.193 According to the NGO China Labor Watch in a report dated 1 August 2003, in one “model” factory the following violations of Chinese labour law were discovered. Overtime working exceeded 36hrs p/m, the factory had not purchased medical insurance and pensions for all its workers and the hourly wage for a worker was only 33 cents. [8na]

6.194 As reported by the official news agency Xinhua on 24 September 2004, “The latest ACFTU statistics indicate that China has approximately 400,000 foreign companies, but only a fifth have set up trade unions. About 40 per cent of 2 million private enterprises have set up trade unions.” [13l]

Industrial Unrest

6.195 According to a report by the NGO China Labour Bulletin 14 July 2004:

“Almost every week in Hong Kong and mainland China, newspapers bring reports of some kind of labour action: a demonstration demanding pensions; a railway line being blocked by angry, unpaid workers; or collective legal action against illegal employer behaviour such as body searches or forced overtime. The mere fact that the Chinese media is reporting selected cases of worker action is testament to how widespread the phenomenon has become. The Public Security Bureau reported that 198,000 labour disputes took place in 1999 and the state-controlled All China Federation of Trade Unions (ACFTU) has been training thousands of experts in labour law to deal with the increasing amount of litigation. The ‘union’ also has a small army of enterprise-based officials to deal with disputes as they occur and prevent them from escalating into strikes.” [8ac]

6.196 The same source continued:

“Many commentators, both inside and outside China, put the unrest down to the shift away from a planned economy and the introduction of market forces and capitalist labour relations. Others would point to at least six outbreaks of unrest dating back to the 1950s as evidence that the Chinese working class has a tradition of militancy that makes little distinction as to whether the boss wears a red star on his cap or an old school badge on his western suit.” [8ac]

6.197 As reported by the BBC on 28 October 2004:

“Five workers at a Taiwanese-owned shoe factory in southern China have been convicted for taking part in a protest against wages and conditions.“ According to this report four of them were sentenced to up to three and a half-year’s imprisonment while a fifth was given suspended sentence. The report also stated, “The five were among 40 arrested after thousands of workers went on strike at two factories in Dongguan in April [2004].” [9bj]

Workplace Safety

6.198 According to a report by USA Today dated 7 July 2003 and reproduced by the NGO China Labour Bulletin on their website:

“Far from the soaring glass towers of Shanghai and Beijing, China’s often-primitive coal mines epitomize the human cost of the nation’s rising living standards. Last year [2002], 6,995 coal miners were killed in explosions, roof collapses and floods, according to government statistics. (By comparison, 27 American coal miners lost their lives in 2002.) Independent experts say China’s death toll is actually closer to 10,000, because some mine owners routinely minimize casualty figures and pay victims’ families to keep quiet.” [8ad]

6.199 As reported by the BBC on 23 October 2003, “Accidents in mines and factories killed 11,449 people in the first nine months of 2003, despite a nationwide safety crackdown.” [9ak]

6.200 As reported by the BBC on 15 February 2005, over 200 miners were killed in an accident in Fuxin City, Liaoning province. [9ca] As reported by the BBC on 23 February 2005, the Province’s vice-Governor, Liu Guoqiang was suspended in the wake of this disaster."

Document(s): Open document

08.06.2004 - Source: Amnesty International

Liaoning Province: prisoner of conscience Xiao Yunliang still being refused adequate medical treatment in Shenyang No. 2 Prison ("China - UA 197/04") [#23134],  [ID 3875]

Document(s): Open document
Open document

24.12.2003 - Source: World Organisation Against Torture

OMCT: Ill-treatment of jailed trade union activists Yao Fuxin and Xiao Yunliang ("China: Ill-treatment of jailed trade union activists Yao Fuxin and Xiao Yunliang. [CHN 002/1103/OBS 060.1] ") [#18431],  [ID 3876]

"[...]
The China Labour Bulletin (CLB) and Human Rights in China (HRIC) informed the Observatory, that on October 8, 2003, two labour activists, Yao Fuxin and Xiao Yunliang, imprisoned since March 2002, were transferred from Jinzhou Prison to the notorious Lingyuan Prison, considered to be one of the most brutal prison in China. The transfer was made despite the extremely poor health of both prisoners. Following their transfer to Lingyuan Prison, where prison conditions are allegedly harsh, their health rapidly deteriorated.

Yao Fuxin and Xiao Yunliang were detained for their role in organizing a mass workers demonstration that took place in March 2002 to protest corruption and delayed welfare payments in the city of Liaoyang in the Liaoning Province (See the 2002 Annual Report of the Observatory). They were tried in January 2003 on charges of “subverting state power,” (art. 105 of the criminal law) and respectively sentenced to seven and four years in prison. Their appeals were subsequently rejected by a higher court."

Document(s): Open document

06.11.2003 - Source: World Organisation Against Torture

OMCT: 2 labour activists transferred from Jinzhou Prison to the notorious Lingyuan Prison, considered to be one of the most brutal prisons in China/ they were transferred despite extremely poor health ("Yao Fuxin and Xiao Yunliang transferred to Lingyuan Prison [CHN 002 / 1103 / OBS 060]") [#17450],  [ID 3877]

"two labour activists, Yao Fuxin and Xiao Yunliang, imprisoned since March 2002, were transferred on 8 October 2003, from Jinzhou Prison to the notorious Lingyuan Prison, considered to be one of the most brutal prison in China. Lingyuan Prison is a huge penal colony, located in Liaoning Province close to the border of Inner Mongolia.

The transfer was made despite the extremely poor state of health of both prisoners. According to the information received, Yao Fuxin and Xiao Yunliang's health condition has rapidly deteriorated since their transfer to Lingyuan prison, due to the lack of proper medical facilities available in that prison.

The families of both men were able to visit the two prisoners on 22 October at Lingyuan. They confirmed that hope that the two prisoners will survive their prison sentences is diminishing every day due to the lack of medical treatment and the seriousness of their underlying medical conditions.

Yao Fuxin and Xiao Yunliang were arrested as the leaders of a mass workers demonstration, that took place in March 2002 against corruption and unpaid benefits in the city of Liaoyang, Liaoning Province (See the 2002 Annual Report of the Observatory). They were tried in January 2003 on charges of “subverting state power,” (art. 105 of the criminal law) and on 9 May 2003 they were handed down prison sentences of seven and four years respectively. Their appeals were subsequently rejected by a higher court."

Document(s): Open document

10.2003 - Source: UK Home Office

Country Assessment - October 2003 - Employment Rights ("Country Report - October 2003") [#49232],  [ID 3878]

"6.158. China's sole officially recognised workers' organisation is the All China Federation of Trades Unions (ACFTU), which is controlled by the Communist Party. Independent trades unions are illegal. Since October 1997, when China signed the International Convention on Economic, Social and Cultural Rights (which provides for the right to form independent trades unions, to strike and to demonstrate) a group of activists has started a campaign to promote independent trades unions. The convention has not yet been ratified by the NPC. [2d] Central government has called for the growth of official trade unions, working under the All-China federation of Trade Unions, within new enterprises. [4jy]

6.159. The international labour movement has criticised the monopoly on labour relations held by the State. In 1996, the International Labour Organization (ILO) ruled against PRC on grounds of "anti-union discrimination" when the PRC punished three Chinese sailors for complaining to the International Transport Workers' Federation (ITF) while working outside PRC. ITF have recorded a number of incidents of intimidation by the PRC authorities since the 1996 ruling. [3ax]

6.160. In February 2001, the PRC partially ratified the United Nations' International Covenant on economic, Social and Cultural Rights. The partial ratification came four years after the signing of the treaty and the abstention from article 8 still means that still only State created and linked trade unions may exist. [10aq]

6.161. The PRC has no national minimum wage; instead local governments set their own level. They generally opt for a level above the local minimum income but lower than the average local wage. The standard working week is 40 hours with a mandatory 24-hour rest period. Overtime is restricted to 3 hours or 24 hours per month, though the last two provisions are rarely enforced. [2g]

6.162. The Labour Law provides protection for workers on matters such as working hours, wages and health and safety. However workers are not allowed to strike and collective bargaining is also forbidden. In reality strikes do occur and arbitration does take place; arbitration committees handled 155,000 disputes in 2001 and of these 150,000 were resolved through arbitration. [2g] BBC Asian reported on 5 September 2003 that worker's compensation cases had nearly doubled in the last five year, with Labour Ministry figures for 2002 showing 184,000 cases: workers won, 47 per cent, companies 15 per cent, with the remaining 38 per cent resolved through arbitration. [20bt]"

Document(s): Open document

14.05.2003 - Source: Amnesty International

Information response: The probability of getting convicted for participation in a demonstation ("Stellungnahme vom 14.5.2003 an VG Regensburg") [#14085],  [ID 3880]

"Sind Demonstrationen des "Zweiten Amtes für Maschinenbau" in der Zeit vom 25. - 27.April 2001 in Tianjin bekannt geworden?
amnesty international liegen zu der genannten Demonstration keine unabhängigen Informationen vor. Allerdings hat in den letzten Jahren die Zahl derartiger Demonstrationen erheblich zugenommen. Siehe auch: Heike Holbig, "Schwieriger Balanceakt zwischen sozialer Stabilität und wirtschaftlicher Reformen", China aktuell, Juni 2001, S. 594 f. Es ist davon auszugehen, dass nur ein Teil von ihnen auch im Ausland bekannt werden. In einem beigefügten, von China Labour Bulletin, einer unabhängigen Menschenrechtsorganisation in Hongkong, veröffentlichtem Interview wird von einer ähnlichen Demonstration in Tianjin berichtet, welche Ende 2002 stattfand. China Labour Bulletin, "Retired Workers in Tianjin Carpet Factory Protest against Pension Arrears", 4. Dezember 2002.

Wenn der Kläger in der beschriebenen Weise die Demonstranten unterstützt hat: Ist mit Sanktio-nen seitens der Behörden zu rechnen, die bis zu Schlägen und Folter gehen?
Derartige Demonstrationen haben in der Volksrepublik China praktisch keine Aussicht auf Genehmigung und sind somit illegal. Die chinesische Regierung hat zwar ein großes Interesse daran, diese Demonstrationen zu verhindern und ggf. zu unterdrücken. Allerdings ist sie sich der Ventilfunktion derartiger Proteste angesichts der sich verschärfenden sozialen Situation bewusst. Ferner sind je nach Umfang der Proteste die lokalen Behörden ggf. nicht in der Lage, diese Demonstrationen ohne massive Anwendung von Gewalt zu unterdrücken.

Die Behörden lassen die Beteiligten daher oftmals gewähren bzw. konzentrieren sich auf jene Personen, die sich als Sprachführer hervortun.
Da der Kläger die fragliche Demonstration offen unterstützt hat, kann nicht ausgeschlossen werden, dass er sich damit zum Ziel staatlicher Repressionen machte. Im Falle einer Festnahme hätte der Kläger mit beachtlicher Wahrscheinlichkeit mit Misshandlungen rechnen müssen. Die Wahrscheinlichkeit, verhaftet zu werden, hängt wesentlich davon ab, in welchem Maße sich der Kläger im Rahmen dieser Demonstration politisch exponiert hat. Uns liegen zu diesem Fall zu wenig Informationen vor, um eine dahin gehende Einschätzung vornehmen zu können.

Muss der Kläger mit politisch bedingten Repressalien rechnen, ggf. in ganz China?
Die o.g. Repressalien sind als politisch bedingt einzustufen. Sollte die Rolle des Klägers während der fraglichen Demonstration von den Behörden als führend eingestuft werden, dann wäre mit beachtlicher Wahrscheinlichkeit mit einer strafrechtlichen Verfolgung zu rechnen, da derartige Demonstrationen von den Behörden als "subversiv" eingestuft werden. Eine inländische Fluchtalternative wäre in diesem Fall nicht gegeben, weil es sich hier nicht um Willkürmaßnahmen lokaler Behörden, sondern um eine zentral durchgesetzte Form staatlicher Maßnahmen handelt.

Ist bekannt geworden, dass nach der eventuell stattgefundenen Demonstration Personen verhaftet und bestraft wurden?
Wie oben bereits erläutert, sind amnesty international keine weiteren Informationen zu diesem Ereignis bekannt.

Sind andere ähnliche Fälle bekannt, bei denen Unterstützer von Arbeiterprotesten politisch bedingt bestraft wurden?
Zwar lassen amnesty international vorliegende Berichte darauf schließen, dass sich die Behörden bei ihrem Vorgehen gegen Arbeiterproteste auf (vermeintliche) Organisatoren und Wortführer konzentrieren, jedoch kommt es dabei offensichtlich auch zur Festnahme von "normalen" Beteiligten oder sogar außenstehenden Personen. Siehe beispielsweise: China Labour Bulletin, "2000 Brick and Tile Workers Take Over Factory for Pension Benefits in Inner Mongolia", 19. Juli 2002."

Document(s): Open document

13.05.2003 - Source: Amnesty International

Information response: Probability of getting convicted or executed for an escaped soldier ("Stellungnahme vom 13.5.2003 an VG Cottbus - 6 K 613/02.A -") [#14086],  [ID 3879]

"[...]
Frage 8: Ist etwas über einen Vorfall bekannt, der sich in der unter 1. bezeichneten Einheit im August 2000 zugetragen haben soll und bei dem ein Armeeangehöriger von einem Kameraden mit einem Stein niedergeschlagen und schwer verletzt worden sein soll ?
amnesty international war über dieses Ereignis bislang nichts bekannt. Allerdings gehört ein derartiger Vorfall nicht zu jenen, die von uns systematisch erfasst werden. Wir betrachten daher das Fehlen unabhängiger Informationen über dieses Geschehen nicht als Grund, die Glaubwürdigkeit der vom Kläger gemachten Angaben anzuzweifeln.

Frage 9a) Welcher Strafrahmen gilt für die Tat eines Militärangehörigen, der einen Kameraden im August 2000 niedergeschlagen und schwer verletzt hat, seine Einheit verlässt und sich in das Ausland absetzt?
Auf Grundlage des Strafgesetzbuches der Volksrepublik China kann Körperverletzung nach § 234 oder § 235 geahndet werden in Abhängigkeit davon, ob auf Vorsatz erkannt wird. Das Verlassen der Einheit wird nach § 435 nur "bei Vorliegen ernster und schwer-wiegender Tatumstände" strafrechtlich geahndet. Das Absetzen ins Ausland kann strafrechtlich relevant werden, wenn dem Kläger unterstellt werden könnte, er habe dies "in verräterischer Weise" getan (§ 430).

b) Kommt eine Verhängung der Todesstrafe rechtlich in Betracht?
Sollte dem Kläger vorsätzliche Körperverletzung angelastet werden, wobei "mit einem besonders grausamen Mittel eine schwere Verletzung" bewirkt wurde, dann kann nach § 234 StGB auf Todesstrafe erkannt werden.

c) Sofern die Frage 9b) bejaht wird: Kann eine Aussage zu der Wahrscheinlichkeit ihrer Verhängung getroffen werden?
Auf Grund der wenigen uns vorliegenden Informationen zu diesem Fall kann dazu keine Einschätzung vorgenommen werden. Hinzu kommt, dass das Strafmaß von der aktuellen politischen Situation abhängen kann. Erfolgt etwa die Verurteilung zu einem Zeitpunkt, wo chinesische Behörden angewiesen sind, besonders intensiv gegen Kriminalität vorzugehen, besteht eine signifikant höhere Wahrscheinlichkeit dafür, dass ein Todesurteil verhängt werden könnte.

Frage 10: Liegen Anhaltspunkte dafür vor, dass die chinesische Justiz diese Tat - insbesondere mit Blick auf die Flucht in das Ausland - als illoyales Verhalten betrachten würde?
Auf der Basis der uns in diesem Fall vorliegenden Informationen sind dafür keine Anhaltspunkte erkennbar.

Frage 11 a) Ist davon auszugehen, dass die chinesische Justiz die Asylantragstellung in der Bundesrepublik Deutschland als illoyales Verhalten werten und straf-schärfend berücksichtigen würde?
b) Sofern die Frage 11. a) bejaht wird: Welche Anhaltspunkte liegen hierfür vor?

Nach § 61 (StGBCh) sind bei der Strafbemessung die Umstände der Tat zu berücksichtigen. Es kann daher nicht ausgeschlossen werden, dass sich im Falle einer Verurteilung durch ein chinesisches Gericht Flucht und Asylantragstellung strafverschärfend auswirken.

Frage 12: Ist davon auszugehen, dass den chinesischen Grenzkontrollbehörden die Asylantragstellung chinesischer Staatsangehöriger in der Bundesrepublik Deutschland bei ihrer Rückkehr nach China bekannt wird?
Die Wiedereinreise in die Volksrepublik China ist nur mit gültigen Reisedokumenten möglich. Sofern seitens deutscher Behörden aufenthaltsrechtliche Vermerke darin eingetragen werden, ist es den chinesischen Grenzkontrollen prinzipiell möglich, auf eine Asylantragstellung zu schließen. Ähnliches gilt auch für den Fall, dass diese Dokumente bei den chinesischen Vertretungen in der Bundesrepublik Deutschland neu beantragt werden müssen.

Frage 13: Ist davon auszugehen, dass dem chinesischen Auslandsgeheimdienst die Asylantragstellung eines chinesischen Staatsangehörigen in der Bundesrepublik Deutschland bekannt wird?
Es ist wahrscheinlich, dass der chinesische Auslandsgeheimdienst bzw. die chinesische Botschaft dies in Erfahrung bringen könnte. amnesty international sind jedoch keine Informationen bekannt, die darauf schließen lassen, dass diese versuchen, in umfassender Weise auch dann Informationen über jene Staatsbürger der Volksrepublik China zu sammeln, die in die Bundesrepublik Deutschland eingereist sind und einen Asylantrag gestellt haben, wenn diese sich hier nicht in einer für die chinesischen Behörden relevante Weise (beispielsweise exilpolitisch) betätigt haben."

Document(s): Open document

10.05.2003 - Source: Human Rights Watch

HRW: 2 labor activists convicted without legal representation for organizing peaceful protests ("China: Harsh Sentences for Labor Activists") [#12630],  [ID 3881]

"Yao and Xiao received seven and four-year sentences respectively. They had been detained in March 2002 after organizing tens of thousands of laid-off workers to peacefully protest in Liaoning province. Their lawyer, Beijing-based Mo Shaoping, was not present at the hearing.
[...]
Yao and Xiao, who were charged with "attempting to overthrow state political power," were given no opportunity to speak at the hearing or otherwise present a defense. Court officials allowed only one member from each of the men's families to witness the proceedings."

Document(s): Open document

09.05.2003 - Source: BBC News

2 leading labour activists jailed for helping organise some of the biggest protests in the country in the past 50 years/ two men were found guilty of subversion ("Chinese protest leaders 'jailed'") [#12771],  [ID 3882]

Document(s): Open document

09.04.2003 - Source: Freedom House

Freedom House: Labor Laws ("The world`s most repressive regimes 2003") [#12683],  [ID 3883]

"In the absence of vigorous unions or strong enforcement of labor laws, private factories often pay workers below-minimum wages, force them to work overtime, sometimes without extra pay, and arbitrarily dismiss employees. Although the law does not guarantee the right to strike, officials frequently allow workers to strike or demonstrate against layoffs, dangerous conditions, or unpaid wages, benefits, or unemployment stipends. The government prohibits independent trade unions, requires all unions to belong to the state-run All China Federation of Trade Unions, and has detained or jailed several independent labor activists."

Document(s): Open document

31.03.2003 - Source: US Department of State

USDOS: Independent unions are illegal; the All-China Federation of Trade Unions (ACFTU) is the sole legal workers' organization ("Country Reports on Human Rights Practices - 2002") [#11836],  [ID 3884]

"The Constitution provides for freedom of association. However, in practice workers were not free to organize or join unions of their own choosing. The All-China Federation of Trade Unions (ACFTU), which was controlled by the Communist Party and headed by a high-level party official, was the sole legal workers' organization. The Trade Union Law gives the ACFTU control over the establishment and operation of all subsidiary union organizations and activities throughout the country, including enterprise-level unions that, according to otherwise unsubstantiated ACFTU claims, increased threefold in the last 5 years to more than 1.6 million unions. Independent unions are illegal. The Tangxia Migrant Workers' Association, although established with the approval of local authorities in April, was shut down after 3 months of operation when authorities became concerned that it was exhibiting the characteristics of an independent union. The Trade Union Law allows workers to decide whether to join official unions in their enterprises. There were no reports of repercussions for the small percentage of workers in the state-owned sector who had not joined."

Document(s): Open document

31.03.2003 - Source: US Department of State

USDOS: Labor protests ("Country Reports on Human Rights Practices - 2002") [#11836],  [ID 3885]

"In March, over several weeks, tens of thousands of workers in Liaoyang and Fushun, Liaoning Province, and Daqing, Heilongjiang Province, protested against nonpayment of back wages, loss of benefits, and inadequate severance pay. Many alleged that managers and local government officials had stolen funds earmarked for plant modernization and pension plans. Police detained four leaders of the protests--Yao Fuxin, Pang Qingxiang, Xiao Yunliang, and Wang Zhaoming--without charge. Their families had serious difficulties finding defense attorneys. After 9 months, Pang Qingxiang and Wang Zhaoming were released on probation but barred from meeting with other laid-off workers. On December 31, Wang Zhaoming was detained again after he hired a lawyer to sue the police over his 9 months of detention. Yao Fuxin and Xiao Yunliang were charged with subversion for political activities they allegedly had engaged in several years before the labor protests occurred."

Document(s): Open document

31.03.2003 - Source: US Department of State

USDOS: Government takes action against illegal union activity, including the detention or arrest of labor activists ("Country Reports on Human Rights Practices - 2002") [#11836],  [ID 3886]

"During the year, the Government, as in the past, took specific actions against illegal union activity, including the detention or arrest of labor activists. Four leaders of a large workers' protest in Liaoyang city in Liaoning Province were detained in March (see Section 2.b.). Two of the four, Yao Fuxin and Xiao Yunliang, remained in detention at year's end, charged with subversion. In May two worker activists, Hu Mingjun and Wang Sen, were found guilty of subversion for supporting December 2000 worker protests in Sichuan Province. In June Di Tiangui was detained after trying to organize a national federation of retired workers. Di also was charged with subversion.

Other labor activists, detained in previous years, were reportedly still in detention at year's end. Shanghai labor dissident Wang Miaogen, detained in 1996, was still being held in a psychiatric hospital. Li Wangyang, who was released from prison in June 2000 after serving 11 years of a 13-year sentence for organizing an independent union during the 1989 prodemocracy movement, and who was sentenced to a second prison term in 2001 for "incitement to subvert state power," remained in prison. Other labor activists reportedly still in detention included Zhang Shanguang, Li Jiaqing, Miao Jinhong, Ni Xiafei, Li Keyou, Liao Shihua, Yue Tianxiang, Guo Xinmin, He Zhaohui, Liu Jingsheng, and labor lawyer Xu Jian."

Document(s): Open document

31.03.2003 - Source: US Department of State

USDOS: Trade unionist Li Wangyang sentenced to 10 years in prison for "incitement to subvert state power" ("Country Reports on Human Rights Practices - 2002") [#11836],  [ID 3887]

"The authorities also used laws on subversion, endangering state security, and common crimes to arrest and imprison political dissidents, activists, and others. Li Wangyang, released from prison in June 2000 and rearrested on subversion charges in May 2001, was sentenced to 10 years in prison in September 2001 for "incitement to subvert state power." Li had served 11 years in prison for his role in presiding over the Shaoyang Workers Autonomous Federation, a Tiananmen-era free trade union."

Document(s): Open document

13.02.2003 - Source: Human Rights Watch

HRW: China continues to use the elastic crime of "subversion" as a weapon against leaders of movements that criticize the state/ 2 Chinese labour activists detained for "illegal assembly, demonstration and protest" ("Indictment Text Shows China's Political Use of Subversion") [#10770],  [ID 3888]

""The government is overreacting to expressions of discontent inside China's labor force," said Brad Adams, executive director of the Asia Division of Human Rights Watch. "China seems determined to make an example of people who attain even local prominence on sensitive matters such as labor."
[...]
According to the indictment, the two men were originally detained for "illegal assembly, demonstration and protest." At that time, the Public Security Bureau could have simply issued warnings or released the two at any time without turning the case over to the procuratorate for prosecution on criminal charges. Instead, the Public Security Bureau chose to approve the arrest. Almost five months later, the police "discovered the serious crime of endangering state security." Charged under Article 105 of the Criminal Law of the People's Republic of China, Yao and Xiao could be sentenced to life imprisonment."

Document(s): Open document

11.12.2002 - Source: BBC News

More than a dozen anti-corruption protesters arrested in the city of Jiamusi, in northern Heilongjiang province ("Railway blocked in Chinese labour protest") [#9936],  [ID 3891]

Document(s): Open document

30.04.2002 - Source: Amnesty International

AI: The struggle for an independent labour movement ("Labour unrest and the suppression of the rights to freedom of association and expression") [#6658],  [ID 3892]

"In recent years the number of labour disputes and protests involving massive numbers of workers has risen dramatically in China. Workers have been protesting about conditions of employment, low or missing wages, corrupt management and other issues. Such protests are generally illegal as are independent trade unions. Workers, activists and labour leaders have been detained, harassed or imprisoned for taking part in such protests or publicizing them. The rights to freedom of expression and association are routinely denied to many groups and individuals in China when the authorities perceive this as a ''threat''.

Throughout March and April 2002, workers protests, strikes, demonstrations or factory occupations by disgruntled workers in China have been reported nearly every day. News of industrial accidents in which workers are killed or maimed are also frequently reported.
In many cases, peaceful protests by workers over pay and benefits have turned into pitched battles between the workers and armed police called to quell the protests, resulting in casualties and arrests. Labour activists have been arrested and often beaten. Some have been sentenced to long terms in prison.
[...]
Groups which monitor the situation of Chinese workers have reported serious and widespread problems about working conditions which violate international standards and are the cause of serious injuries and deaths.
[...]
When protests which are not officially sanctioned by the ACFTU occur, workers have no access to legitimate union support and are forced to create their own ''illegal'' unions or attempt to lead protests without organization.
[...]
Overview Amnesty International:
Since the late 1980s there have been several attempts to create independent trade unions to give an independent voice to the needs and grievances of workers. All of these have been short-lived and repressed, and their leaders imprisoned. (18)
In May 1989, during the pro-democracy movement, groups of workers in various cities formed Workers Autonomous Federations (WAFs) as an alternative to the ACFTU. The WAFs were short-lived: they were banned by the authorities following the 4 June 1989 crackdown and their organizers arrested and prosecuted on "counter-revolutionary" charges. Many other workers who had taken part in the protests were also prosecuted on ordinary criminal charges.

Since 1989 there have been other attempts to form independent trade unions or labour rights groups. Again, the organizers have been jailed. For example, in 1992 a group who had formed a Preparatory Committee of the Free Labour Union of China (PCFLUC), distributed leaflets in Beijing encouraging workers to form free trade unions. The group was quickly suppressed in May 1992 with the arrests of its founding members, some of whom remain imprisoned.

In 1994 another group of people who had attempted to set up the League for the Protection of the Rights of Working People (LPRWP) were arrested in Beijing. Liu Nianchun, one of the founding members, was assigned three years of ''Re-education Though Labour''. He has since been released. According to its provisional charter, the LPRWP was to be a "corporate social body established according to law" devoted to protecting the rights of working people.

In 1998 Zhang Shanguang (see below for further details) tried to establish the "Shu Pu Association for the Protection of the Rights of Laid-Off Workers" in Hunan province. He was arrested after applying to the local government for permission to register the association and sentenced to ten years imprisonment.

In 1999 Yue Tianxiang and Guo Xinmin established the "China Workers Monitor" in Gansu province, exposing corruption among officials and mis-management of the company that had laid them off. Yue was sentenced to ten years imprisonment and Guo Xinmin two years along with another activist.
[...]
China has not ratified the majority of the fundamental Conventions of the ILO including those relating to freedom of association and to the elimination of forced labour."

Document(s): Open document

30.04.2002 - Source: Amnesty International

AI: Labour protests and repression ("Labour unrest and the suppression of the rights to freedom of association and expression") [#6658],  [ID 3893]

"[...]
Often demonstrations go unreported as the local authorities attempt to conceal the severity or extent of the protests.(20) Protests are often forcibly repressed by public security personnel, and labour activists, workers' leaders and those who appeared to be outspoken face detention and imprisonment. Journalists and lawyers are also targeted by the authorities and often face intimidation and arrest if they speak out in defence of protesters.
[...]
In some cases, workers' leaders and protest organizers have been detained and their whereabouts remain unknown:
Since 11 March 2002 extensive demonstrations by laid-off workers have been taking place in Liaoyang city, Liaoning province. The protests were against alleged corruption, insufficient severance pay and unemployment. According to reports, on 11 March, five thousand laid-off workers from several state-owned factories, which were either bankrupt or on the brink of bankruptcy, including the Liaoyang Ferroalloy plant, gathered outside the local government offices calling for the dismissal of the chairman of the Standing Committee of Liaoyang city's People's Congress. The workers accused the enterprise management of colluding with government officials in order to secure assets from the dismantled enterprises while failing to compensate the workers, some of whom had not been paid for more than 18 months. The protests escalated on 18 March 2002 when up to 30,000 workers from around 20 Liaoyang factories gathered in front of the city government offices, demanding the release of Yao Fuxin, a workers' leader from the Ferroalloy factory who had been detained the day before by the police. On 20 March a large contingent of armed police was reportedly deployed to crackdown on the protesters and three more workers' leaders, Xiao Yunliang, Pang Qingxiang and Wang Zhaoming, were apprehended. They remain in detention. Several hundreds workers have since been demonstrating almost every day demanding the release of the four labour leaders.

In Heilongjiang province, workers from the Daqing Oilfield, one of China's largest state-owned oil fields, have staged massive demonstrations since 1 March 2002 in front of the Daqing Petroleum Administration Bureau (PAB), to protest over insufficient compensation for lost jobs, inadequate welfare benefits and the increased premiums on their pension insurance. Up to 50,000 workers reportedly joined the protests. Several injuries were reported on 19 March when paramilitary police clashed with the demonstrators. The workers' demands included the setting-up of an independent trade union. It is reported that the "Daqing Laid -Off Workers Trade Union Committee" was set up during the protests and is operating underground.

In Beijing, on 27 March 2002 hundreds of pensioners converged outside the gates of the Beijing Automobile and Motorcycle Works to protest against the lack of medical, housing and other benefits. They continued their protests the following day in an attempt to obtain a meeting to discuss the issue with the management of the company. Many pensioners were elderly and infirm.

In October 2001 several hundred women workers from the Daqing City Blanket Factory staged demonstrations in front of the city mayor's offices, demanding his intervention to solve the issue of unfair redundancy compensation and to launch a thorough investigation into the alleged official corruption during the company's bankruptcy procedures. The demonstrators were among more than 3,000 workers dismissed in 2000 by the Daqing Blanket Factory after its sale to a private owner. The armed police were called to quell the protests and several female protesters were reportedly injured during clashes.

On 13 March 2001 more than one thousand workers went on strike at the Guangyang Textile Factory in Sichuan province, which was on the verge of bankruptcy, demanding that the management negotiate over the terms of their redundancy. The workers were also protesting because neither the government nor their employer had reportedly paid into the workers' pension funds for seven years. During the strike, workers blocked roads for two consecutive days and some were detained after clashes with the police, in which several protesters were injured. On 19 March the strike was formally called off.

On 13 March 2001, some 5,000 taxi drivers surrounded the government offices in Lanzhou city, Gansu province, to protest against the increase of taxi fines and road tax and over regulations requiring taxis to be outfitted with metal bars. They also presented their petitions to local government officials. According to reports, the demonstration was stopped by the intervention of 300 armed police who allegedly beat the protesters. Several were injured and some were taken away by the police."

Document(s): Open document

29.03.2002 - Source: BBC News

Trade union leader "severely mistreated" by public security officials after being detained for helping organise protests and possibly killed while in official custody/ 3 other workers' leaders also arrested ("China challenged over protest leader") [#6261],  [ID 3894]

Document(s): Open document

05.12.2001 - Source: Neue Zürcher Zeitung

Chinas KP wendet sich vom Proletariat ab ("Chinas KP wendet sich vom Proletariat ab") [#5044],  [ID 3895]

Document(s): Open document

11.06.2001 - Source: New York Times

New York Times: Chinese labor organizer indicted ("Chinese Labor Organizer Indicted") [#2087],  [ID 3897]

"Authorities in south China have charged a veteran labor organizer with subversion, one year after he was released from 11 years in prison, a rights group said Monday.

Police took Li Wangyang away last month from a hospital where he was being treated for heart and lung problems caused by beatings and physical neglect in prison, the Information Center for Human Rights and Democracy said.

He was formally arrested and indicted Monday in Shaoyang, a city 930 miles south of Beijing in Hunan province, the Hong Kong-based center said. It was not clear what prompted Li's arrest, but such charges often result in lengthy prison sentences.

In another case, three men detained in late May on suspicion of organizing a large protest by steel workers in southwestern Sichuan province have also been formally arrested on subversion charges, the center said.

The arrests come ahead of the International Olympic Committee's July 13 vote on the host city for the 2008 Summer Games, a crucial test in China's quest for international acceptance. Beijing is a front-runner to host the games along with Paris and Toronto.

Li formed an independent trade union and advocated a strike during pro-democracy protests across China in 1989 that the government crushed. He was sentenced to 13 years imprisonment on charges of ``counterrevolutionary activity'' and released in June 2000, two years early and ahead of a vote in the U.S. Congress on whether to grant China low-tariff trade rights.

His health ruined by his treatment in prison, Li went on a 22-day hunger strike in February to demand the prison pay his medical bills."

Document(s): 01222chi.htm
Open document

28.04.2001 - Source: Human Rights Watch

HRW: Workers' Rights Lag Behind U.N. Standards ("China: Workers' Rights Lag Behind U.N. Standards") [#1487],  [ID 3898]

"The dismantling of state-run enterprises has already created over 20 million unemployed, and once China joins the WTO, pressures will increase on dislocated workers who risk losing medical, educational, housing and other work-related benefits, Jendrzejczyk said.

China's laws recognize only one government-sponsored workers' organization, the All China Federation of Trade Unions (ACFTU), which exerts leadership over some 590,000 official grassroots unions and their sub-branches. All attempts to organize independent unions have been systematically crushed by the authorities.

Human Rights Watch urged China to immediately begin efforts to reform its labor laws. To help with this process, the Chinese government should accept a request from the International Labor Organization in Geneva last June to send a direct contact mission to China to assist with the full implementation of the right of free association. As a member of the ILO, China is obligated to respect the rights of workers to establish organizations of their own choosing. But the ILO has found that several provisions of China's Trade Union Law contradict this core ILO principle. It urged changes in the law, as well as the release of detained union organizers and the abolition of the system of re-education through labor.
[...]
Independent labor organizers often face long prison terms. Zhang Shanguang, who tried to organize a free labor union in Hunan province, was sentenced to ten years in prison in 1998, on charges of endangering state security. More recently, Cao Maobing, who attempted to form an independent union at a state-owned silk factory in Jiangsu province, was detained and is now being kept in a mental hospital. He Zhaohui was given a 10-year sentence in Chenzhou, Hunan province, in August 1999, for "endangering state safety" after he organized workers' demonstrations and reported workers' protests to groups overseas.

Those who assist workers in defending their rights have also been targeted. Xu Jian, a registered legal practitioner in Baotou City in Inner Mongolia, helped workers from a state-owned machinery and steel company and distributed leaflets telling laid-off workers about their rights under China's labor laws. He was detained in December 1999, and charged with incitement to overthrow the state, and last July was sentenced to four years imprisonment. Xu Jian had previously worked at the Neimenggu No. 2 Main Machinery Factory in Baotou City."

Document(s): Open document