Interim Report - Report No 270, March 1990

Case No 1500 (China) - Complaint date: 19-JUN-89 - Closed

1. 287. The Committee examined this case at its November 1989 Session when it presented an interim report to the Governing Body (see 268th Report, paras. 668-701, approved by the Governing Body at its 244th Session (November 1989)).
2. 288. Since then the ICFTU has sent additional information in a communication dated 24 November 1989 and the Government has submitted its observations in a communication dated 5 January 1990 that reached the ILO on 23 January.
3. 289. China has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 290. In the complaint submitted in June 1989 the ICFTU referred to the mass arrest of activists of the Workers' Autonomous Federation (WAF), an independent trade union movement created in May 1989 in several parts of China. Among the main grievances voiced by the WAF were the wide discrepancy in working and living conditions between the workers and the plant managers, the lack of workplace democracy, the lack of genuine workers' representation, the poor working conditions and the deterioration of the workers' living standards. On 28 May 1989 the WAF issued its statutes, the main thrust of which was that the organisation should be autonomous, independent and democratic and that it should serve the principles of representing and defending the workers' interests. The WAF was seeking ways to legalise its organisation within the Constitutional Order of the People's Republic of China.
2. 291. According to the ICFTU, many and probably most of the WAF's representatives were killed during the army's attack on the crowd in Tiananmen Square during the night of 3-4 June 1989. However, the arrest of independent trade union activists began before the attack. Bai Dong Ping, a WAF leader, was allegedly arrested at the end of May 1989, released on 1 June and rearrested on 20 June and was believed to be held in Szechuan Province. Some detainees showing signs of violent beatings were shown on the television. Twenty-six workers were allegedly publicly tried at Changchun and condemned for blocking traffic and advocating a strike. On 21 June three workers from Shanghai were allegedly executed, after the initial Higher People's Court had upheld the death sentences passed three days earlier. The workers, Xu Guoming, Xie Hanwu and Yan Xuerong, were allegedly found guilty of setting alight a train which had crashed into a peaceful demonstration at a Shanghai railway station and of obstructing the fire-fighters' work. The ICFTU also stated that three WAF leaders were on a "wanted" list: Hang Dongfang, a worker from the Fengtai locomotives maintenance section; Ho Lili, a lecturer at the Workers' University of Beijing; and Liu Qiang, a worker from factory No. 3209. The ICFTU also gave the names of leaders and members of the Shanghai WAF who had been arrested: Zhang Qiwang, Chen Shangfu, Wang Miaogen and Wang Hong, accused of spreading rumours, constituting an illegal organisation and incitement to overthrow the Government. Shen Zhigao, a Shanghai toy factory worker who was arrested on 11 June, was charged with spreading counter-revolutionary propaganda, and Li Zhiguo, arrested on 10 June, of advocating the overthrow of the Government.
3. 292. The ICFTU also stated that on 26 May the official trade union - the Confederation of Chinese Trade Unions - had published a statement supporting the student demonstrations, but subsequently that organisation described the WAF as illegal and requested the authorities to eliminate it.
4. 293. The ICFTU subsequently submitted new allegations regarding the arrest of Li Guiren, in charge of state publishing activities for Shaanxi Province, who had been arrested for calling for a protest strike; Quian Yunin, an activist of the Beijing WAF, who was arrested on the evening of 29 May; and Chen Yinshan, one of the WAF's leaders who was arrested on 30 May or 1 June.
5. 294. In its reply, the Government stated that the ICFTU's complaint alleging the violation of Convention No. 87 was completely unfounded and was a case of blatant intervention in the internal affairs of China, which the Government could not accept. According to the Government, the events that took place in Beijing at the end of spring and the beginning of summer 1989 were politically motivated disturbances fomented by a group of individuals in collusion with certain anti-Chinese foreign forces, and organised according to a premeditated plan. The aim of the rebellion was to overthrow the Government and the socialist regime established by the Constitution.
6. 295. The Government added that the Workers' Autonomous Federation was one of two groups that had organised and participated in the disturbances. The WAF did not represent the working masses and was merely an illegal organisation hastily improvised by a few individuals on behalf of the workers. It had incited the population to cease work by going on strike, barricaded roads against troops sent to apply martial law and engaged in frenzied beating, wrecking, looting, burning and massacring, thereby endangering the safety of the State and the interests of the people. The Government had been obliged to take drastic action to put a stop to the rebellion and to dissolve the WAF in order to defend law and order and preserve the life and property of the population. According to the Government, no foreign country, international organisation or foreigner whatsoever had the right to interfere in this matter. The Government had dissolved the WAF quite simply because it was violating the Constitution and the laws of the country, and this, in the Government's view, had nothing to do with Convention No. 87.
7. 296. At its November 1989 Session, the Committee, after noting that the complaint was perfectly receivable and concerned matters that were directly relevant to the exercise of trade union rights, observed that the Government's communication contained only general statements that did not constitute a specific reply to the allegations made. The Committee therefore requested the Government to send its detailed observations on the allegations made and, in particular, precise information on:
8. - the exact circumstances surrounding the deaths of leaders of the WAF said to have occurred during the night of 3-4 June 1989 during the attack on Tiananmen Square;
9. - the procedure followed in respect of Xu Guoming, Xie Hanwu and Yan Xuerong, workers in Shanghai and the precise grounds on which their death sentences and executions were based;
10. - the outcome of the proceedings against 26 workers from Changchun and the precise grounds for the sentences passed on them;
11. - the arrest of leaders and members of the WAF (the grounds for their arrest, the nature of any proceedings instituted against them and their current situation) and, specifically, of Bai Dong Ping, Liu Qiang, Quian Yunin, Chyen Yinshan, all from Beijing; Zhang Qiwang, Chen Shangfu, Wang Miaogen, Wang Hong, Shen Zhigao, Li Zhiguo, from Shanghai; and Li Guiren from the Province of Shaanxi;
12. - the grounds for placing Hang Dongfang and Ho Lili on police "wanted" lists and their present whereabouts;
13. - the specific activities of the Workers' Autonomous Federation that the Government considered to be contrary to the Constitution and to national legislation.
14. The Committee also requested the complainant to provide any further information which it might have available.
15. B. New allegations
16. 297. In its communication dated 24 November 1989 the ICFTU states that the majority of cases of arrest reported by the official media concerned blue-collar workers. Independent trade union sources assert that workers have in general received much harsher treatment than students and intellectuals and that they are routinely beaten and tortured. China's authorities have repeatedly stated that they have not killed, executed or harshly treated any students or intellectuals, the logical conclusion for the ICFTU being that workers do not enjoy such clemency. The ICFTU is therefore of the opinion that this differential treatment is clear evidence of the determination of the authorities to prevent all independent organisations of workers and to use the most extreme measures of repression to do so.
17. 298. The ICFTU is particularly concerned about Hang Dongfang and Liu Qiang. Hang Dongfang, aged 26 and employed with the Beijing railways, was a leader of the Beijing WAF who was specifically targeted for repression because of his successful efforts to obtain the release of three trade unionists who had been detained for a few days by the Public Security Bureau on 30 May and set free before 4 June. Hang Dongfang topped the Government's "wanted" list and was accused of attacks on the Public Security Bureau. According to the ICFTU, Hang Dongfang was arrested in early June. His arrest was not acknowledged by the authorities and he is said to have been held in solitary confinement since that date. There are fears that both he and Liu Qiang have been tortured.
18. 299. According to the ICFTU, all these facts occurred in a context of violence exercised by military personnel against peaceful and unarmed demonstrators, which resulted in hundreds of people being killed and injured. The limited reaction on the part of the victims may therefore be viewed as acts of self-defence. Those accused of criminal acts have been denied even the most rudimentary elements of a fair trial. In the absence of basic protection in the administration of justice, they cannot be held to have been proved guilty of any offence. Finally, the fact that workers clearly received much more severe punishment than other alleged offenders suggests that the sentences were based not on objective judicial criteria but on political considerations. In particular, some were executed not because of the gravity of the crimes they were alleged to have committed, but because they were active in the formation of independent organisations. With its communication the ICFTU enclosed a list of workers and trade unionists who have been executed or arrested (see Annex).
19. C. The Government's reply
20. 300. In its communication dated 5 January 1990 the Government reasserts that the complaint is totally unfounded and is a case of blatant intervention in the internal affairs of China. The Government has banned an illegal organisation which does not represent the workers' interests and is dedicated to overthrowing the Chinese Government by the use of violence. This, states the Government, is totally unrelated to freedom of association and the Government is therefore firmly opposed to the matter being discussed at the present session of the Governing Body. To illustrate its position and clarify the facts, the Government submits the following information.
21. 301. The Government states that the creation of the WAF violated the regulations set out by the Government and that it was an illegal organisation. In mid-April 1989 a tiny handful of people exploited student unrest in order to provoke planned, organised and premeditated political turmoil aimed at overthrowing the Government and abolishing the socialist system. On 13 May the organisers of the turmoil launched a hunger strike involving more than 3,000 people who occupied Tiananmen Square and exerted pressure on the Government. On 16 May, in the middle of this chaotic situation, a handful of people established the Beijing Workers' Autonomous Federation, thus signifying their organised participation in the turmoil and riots.
22. 302. According to the Government, the creation of the WAF and its occupation of Tiananmen Square were against the law. Under section 3 of Notice No. 136 issued by the Beijing Municipal Government in 1981, "all activities undermining the status of the country, troubling law and order, endangering public security and damaging the appearance of the city are forbidden". The fact of setting up the WAF itself violated the notice directly. In order to check the turmoil and maintain social order, the Government, acting under article 89.16 of the Constitution, declared martial law in parts of Beijing on 20 May. Under martial law, demonstrations, petitions, strikes and all activities disturbing social order are prohibited. The establishment of the WAF which was announced at the press conference on 26 May was a direct violation of martial law. In 1951 the State Council adopted the Provisional Regulations on the Registration of Social Organisations, which stipulate that all social organisations should apply to the governments for registration. The WAF is regarded as illegal on account of its failure to apply for registration. The WAFs that were set up in Shanghai, Guanzhou, Hangzhou and Xian were also not registered and therefore regarded as illegal. According to the Government, the creation of these organisations was against the principles of freedom of association laid down by the ILO, whereby the aim of freedom of association is to improve working conditions and promote peace. Far from respecting these principles, the WAF disorganised work in the factories, undermined normal production and jeopardised social stability.
23. 303. Contrary to the claims of the ICFTU, no WAF was created in Changchun. The 26 people put on public trial in Changchun on 10 June were mostly criminals released from labour education camps who refused to turn over a new leaf. They had committed such crimes as murder, robbery and rape. Some of them had provoked strikes, blocked roads, obstructed traffic and engaged in other activities against the Government and had tried to pass themselves off as students. Their criminal acts caused great harm to the life of the population and to social order and aroused immense public indignation. Nineteen of them were arrested and seven were sent to labour education camps. According to the Government, it is ridiculous that the punishment of criminals according to the law should be viewed as a violation of freedom of assocation.
24. 304. The Beijing WAF was created by Bai Dongping, Liu Qiang and seven other people. It had only about 100 members at the outset and recruitment was quite limited, reaching a total of a few hundred. The figures given by the ICFTU were therefore deliberately exaggerated. The same was true of the WAF of Shanghai and other towns.
25. 305. In its Provisional Memorandum it seemed that the WAF accepted the Constitution and laws of the State but these proved to be only hollow words. The leaders of the WAF made their real aim explicit on many occasions. At the press conference attended by Chinese and foreign journalists on 26 May, for example, Hang Dongfang claimed that the programme and the purpose of the WAF was to overthrow the Government.
26. 306. The Shanghai WAF's programme provided that it would organise a workers' strike, build up its own armed force, overthrow the Government and abolish the socialist system. The Hangzhou WAF adopted two-faced tactics: overtly it advocated the elimination of corruption, the suppression of autocracy and the promotion of social democratic reform, but at the same time it covertly proclaimed its intention to overthrow the dictatorship of the people and abolish the leading role of the Communist Party. The Xian WAF stated in its programme its intention to overthrow the Government by means of armed force.
27. 307. The Government states that the two basic principles of the Constitution are the leading role of the Communist Party and the establishment of a socialist system. Article 1, part 1, of the Constitution provides that the sabotage of the socialist system by any organisation or individual is prohibited. The WAF was completely against these basic principles and therefore an illegal political group. Article 4 of the Provisional Regulations on the Registration of Social Organisations states that all reactionary organisations threatening the interests of the State or of the people are prohibited and that the registration of organisations that are found to be reactionary should be cancelled and the organisations banned. Thus, according to the Government, the ban on the WAF was completely legal and reasonable.
28. 308. In the opinion of the Government, the WAF was one of the organisers of the Beijing riots and seriously violated the criminal law of the country. Its illegal activities included the following:
29. - the holding of press conferences advocating the overthrow of the Communist Party and of the Government. On 23 May the WAF organised two press conferences attended by Chinese and foreign journalists. It also published a Letter to Overseas Chinese Citizens and a Letter to the People encouraging them to complain about the Government and threatening to topple it;
30. - the setting up of a radio station to broadcast anti-government propaganda. On the eve of the 3 June riot the Strike Manifesto drawn up by the WAF and the Autonomous Federation of Students was repeatedly broadcast, inciting the whole city to go on strike and oppose martial law. The WAF also printed a large number of anti-government pamphlets;
31. - the organisation of demonstrations and the creation of turmoil. The WAF organised two large-scale illegal demonstrations without applying for authorisation. On 25 May it assembled over a hundred people to demonstrate along Changan Street, shouting insults against state leaders;
32. - the organisation of attacks on government offices and public security bodies. On 19 May pickets headed by WAF leaders blocked and assaulted a government office. A few of the WAF leaders were detained by the Public Security Bureau from 30 May to 1 June. The agitators thereupon called out thousands of people to surround and attack the offices several times, using stones and Molotov cocktails;
33. - active participation in setting up a Union of People from all Walks of Life in the capital, to stir up further turmoil and oppose martial law. Hang Dongfang, a member of the standing committee of the WAF, and other people were involved in these activities;
34. - active participation in the rebellion. After martial law was declared, Liu Huanwen, a member of the Standing Committee of the WAF, attended a meeting on 24 May to plot resistance to martial law and was appointed Assistant Director. On 3 June Hang Dongfang divided his pickets into five teams and dispatched them to the main crossroads to set up blockades against the vehicles of the martial law enforcement troops. On the evening of the same day Hang Dongfang addressed the WAF calling for "emergency mobilisation" before launching the rebellion. Liu Qiang distributed knives stolen from military vehicles among his pickets and sent his followers to take iron bars from the railings on both sides of the Square. In addition, he ordered the preparation of a number of petrol bombs. Guo Yaxiong, a key member of the WAF, organised "assault teams of the dragon's offspring". Liu Qiang also participated in a secret meeting with the leaders of the Autonomous Federation of Students and led pickets in frenzied beating, smashing and looting and setting fire to 12 military vehicles and two tanks.
35. 309. According to the Government, the foregoing is irrefutable proof that the WAF was guilty of involvement in the turmoil and in the anti-government rebellion in Beijing. The WAF of other cities were also involved in creating turmoil and had seriously endangered national security, social order and the interests of the people.
36. 310. The Government points out in this respect that section 90 of the Criminal Code stipulates that any activity that endangers the People's Republic of China with a view to overthrowing the dictatorship of the proletariat and subverting the socialist system constitutes a counter-revolutionary crime. Specifically, the WAF violated the following laws and rules:
37. - under article 51 of the Constitution and the Temporary Provisions on Demonstrations of the Municipality of Beijing, it was illegal to organise demonstrations without applying for authorisation during the period of turmoil;
38. - under articles 24 and 26 of the Provisional Measures on the Administration of the Environment and Noise by the Municipality of Beijing and article 25 of the Regulations on Administration and Punishments concerning Public Security, it was illegal to set up a radio station on Tiananmen Square and broadcast over loudspeakers;
39. - under Notice No. 136 (1981) of the Municipal Government of Beijing, it was illegal to occupy Tiananmen Square for a long time in order to carry out anti-government activities;
40. - under sections 92, 95 and 98 of the Criminal Code, the leaders of the WAF committed grave crimes by organising a counter-revolutionary group, gathering together people to launch armed rebellion and scheming to subvert the Government;
41. - under sections 100 and 110 of the Criminal Code, it was a serious crime to smash, burn and sabotage military vehicles, police cars and buses;
42. - under section 102 of the Criminal Code and section 19, paragraph 5, of the Regulations on Administration and Punishment concerning Public Security, the WAF was guilty of starting all kinds of rumours and instigating people to topple the Communist Party and the Government;
43. - under article 38 of the Constitution and section 145 of the Criminal Code, it was a criminal offence to insult and slander the leadership of the country and of the Government;
44. - under section 158 of the Criminal Code, section 19 of the Regulations on Administration and Punishments concerning Public Security and Notice No. 1 issued by the Municipal Government of Beijing on 20 May 1989, it was a criminal offence to besiege and assault Government and public security bodies;
45. - under section 159 of the Criminal Code and sections 20 and 27 of the Regulations on Administration and Punishments concerning Public Security, it was a crime to sabotage transportation facilities at cross-roads, to set up road blocks and to obstruct convoys of martial law enforcement troops;
46. - under section 137 of the Criminal Code, the WAF committed a series of crimes in its frenzy of beating, smashing, looting and burning.
47. 311. Since the WAF had seriously violated several laws and rules, the action taken to ban this political organisation, according to the Government, had nothing to do with freedom of association or the exercise of trade union rights. The Government merely performed its legal duty under the Constitution. It was therefore clearly an internal affair of China.
48. 312. Before cracking down on the rebellion as a last resort, the Government had shown great restraint and tolerance in an attempt to end the turmoil through dialogue. The Municipal Government of Beijing went so far as to provide a large quantity of first-aid materials as well as medical services for the students and other people on Tiananmen Square. However, the organisers of the turmoil, including the leaders of the WAF took the Government's restraint for weakness. They stepped up their troublemaking and pushed the city into complete anarchy. In these grave circumstances the Government declared martial law in part of Beijing. This was undoubtedly a necessary and correct measure to check the turmoil and maintain social order and served as a warning for the organisers of the turmoil as well. The latter did not, however, stop immediately and launched a rebellion such as had never before taken place since the founding of the People's Republic of China. The Government had no alternative but to quell the rebellion in order to safeguard the social stability of the country and to protect the achievements of ten years of reform and of opening up to the outside world.
49. 313. After the quelling of the rebellion the Public Security Agency arrested a number of people, but they were all criminals violating the Criminal Code. In dealing with these people the Government based itself on the facts and on the law, brought them to trial and punished them according to the law. The Government was lenient towards those who gave themselves up to the police of their own accord and recognised that they had broken the law, on the basis of the principle of "leniency towards those who acknowledge their crimes but severe punishment for those who stubbornly refuse to do so".
50. 314. The Government goes on to give a few examples of such crimes.
51. 315. Hang Dongfang, aged 26 and an employee of the Beijing Railways, was the main leader of the Beijing WAF during the latter period. On 18 and 19 April, he made speeches in Tiananmen Square, instigating people to oppose the Government and to set up a trade union of their choice. On 26 May he answered questions at a press conference as the spokesman for the WAF. He asserted that the programme and objective of the WAF were to overthrow the Government. On 30 May he incited people to march on the Beijing Municipal Public Security Bureau. On 31 May he assembled over 200 people to block the entrance to the Public Security Bureau, which seriously affected its normal work and caused a traffic jam that lasted over six hours. The members of the WAF headed by Hang Dongfang assembled more than 10,000 people to demonstrate in Tiananmen Square.
52. 316. In Shanghai Xui Gouming, aged 25 and a former worker of the Shanghai Brewery, Bian Hanwu, aged 21 and unemployed, and Yan Xuerong, aged 32 and a former worker at the Shangahi radio factory, were actively involved in the serious riot that took place during the night of 6-7 June. They set fire to railway carriages and police vehicles and beat the firemen to prevent them from putting out the fires, which had serious consequences. Since the case and the crimes were very serious, the Shanghai Intermediate Court sentenced the three to death in accordance with sections 53.1 and 110 of the Criminal Code. After the verdict, the condemned men appealed to the Shanghai Higher People's Court but their appeal was rejected and on 21 June the three criminals were executed. The entire procedure was strictly in compliance with legal proceedings. The facts of the case were clear, the proof absolute, the conviction of the crime just and the punishment appropriate. The ICFTU's allegations that no proof was brought of the guilt of the condemned men was an absolutely malicious slander.
53. 317. The Government reaffirms that except in the case of a minority of criminals its policy is tolerant and that it will not conduct any further investigations into the students and ordinary WAF members who participated in the demonstrations, sit-in protests and hunger strikes. The Government states that it has even adopted a policy of educating the leaders of the WAF in so far as they have not violated the law. For example, Qian Yumin, the Secretary-General of the WAF, was detained on 29 May for having illegally organised the WAF in order to conduct anti-government activities but was released on the next day because he admitted his mistakes. He was not troubled any further as he left the WAF and was not involved in the riots.
54. 318. According to the Government, the foregoing facts show clearly that the WAF was in no sense a trade union organisation, but an illegal political group which plotted and participated in the turmoil and riots in Beijing. The quelling of the riot, the suppression of the participating organisations, including the WAF, and the punishment of a tiny handful of law-breaking criminals according to the law are within the sovereign competence of the Government and have nothing to do with the exercise of trade union rights. It is intolerable that the ICFTU should have submitted a complaint against the Government of China for violating freedom of association which it based on its own views and values and on rumours and distorted facts. The Government concludes that it cannot accept such an unjustifiable interference in China's internal affairs.

D. The Committee's conclusions

1. 319. Before examining the merits of the present case, the Committee recalls that China, upon joining the ILO, undertook like all member States to respect the fundamental rights set out in the ILO's Constitution and the Declaration of Philadelphia, including freedom of association.
2. 320. The allegations presented by the ICFTU stem from the measures taken by the authorities against the Workers' Autonomous Federation (WAF), an organisation created in several Chinese provinces, its leaders and workers: the banning of the organisation; the death of a number of leaders following an attack by the armed forces; the sentencing to death and execution of workers; and arrests. In support of its allegations the ICFTU supplies a long list of workers said to have been arrested or executed. The Committee notes that the Government has now sent a reply on the substance of the matter.
3. 321. The Committee notes first of all that the statements of the complainant, on the one hand, and of the Government, on the other, differ considerably with regard to the nature and objectives of the WAF. According to the ICFTU, the WAFs were independent and democratic organisations which were seeking ways to legalise their organisations within the constitutional order, whereas the Government claims that they were illegal organisations which had never applied for registration and whose declared aim was to overthrow the socialist system and the Government. To this end, according to the Government, they fomented trouble and resorted to violence and cannot therefore be considered to be trade union organisations.
4. 322. In this respect, the Committee recalls that the meaning given to the term "organisation" by the ILO covers all organisations of workers or employers created to promote and defend the interests of the workers or employers. In this particular case the Committee notes that, according to the ICFTU, the main thrust of the statutes of the Beijing WAF was that the organisation should be autonomous, independent and democratic and that it should serve the principles of representing and defending the workers' interests. Furthermore, according to the complainant, the grievances voiced by the WAFs concerned the lack of workplace democracy, the lack of genuine workers' representation, the poor working conditions and the deterioration of the workers' living standards. These claims have not been denied by the Government which itself recognises that the Provisional Memorandum of the Beijing WAF accepted the Constitution and the law of the country, although it states that this subsequently proved not to be true. In the Committee's opinion, the WAFs' grievances referred to by the ICFTU are part of the normal activities of workers' organisations seeking to promote and defend the interests of their members. The WAF organisations would therefore appear to have been workers' organisations in the sense given to them by the ILO.
5. 323. As to the argument that the WAF organisations did not apply for registration, the Committee is of the opinion that the absence of any such request does not necessarily mean that the workers did not wish to create organisations, especially as the legislation appears to provide for a trade union monopoly that does not leave any room for organisations outside the existing trade union structure. The 1987 Provisional Regulations on the Handling of Labour Disputes in state enterprises, for example, refer only to "the trade union committee", which would seem to exclude the existence of several trade union committees. In the present case, the Committee must note that the Government has relied on the fact that the WAFs were not registered as an excuse for declaring them illegal. In this respect the Committee recalls that if the conditions for granting registration are tantamount to obtaining prior permission from the public authorities for the establishing or functioning of a trade union, this would undeniably constitute an infringement of the principles of freedom of association (see Digest of decisions and principles of the Freedom of Association Committee, third edition, 1985, para. 275).
6. 324. In addition, the Committee expresses its deep concern that the information supplied by the Government shows that the legislative provisions currently in force in China are in clear contradiction with the right of workers to set up and join organisations of their own choosing, and with the right of trade unions to organise their administration and activities and to formulate their programmes of action. In particular, the Committee would point out that the Government cites the suspected opposition of the WAFs to the constitutional provisions concerning the leading role of the Communist Party and to the establishment of a socialist regime as justification for the measures taken; it explains that all reactionary organisations which threaten the security of the State are banned. The Government also states that one of the Beijing WAF's leaders is accused of having incited the population to oppose the Government and of having created a trade union of his own choosing. The Committee must recall that unity within the trade union movement should not be imposed by the State through legislation because this would be contrary to the principles of freedom of association. The Committee must also point out that the right of workers to establish organisations of their own choosing implies, in particular, the effective possibility of forming, in a climate of full security, organisations independent both of those which exist already and of any political party (see 197th Report, Case No. 905 (USSR), para. 635). It can only note that these basic principles have not been respected in this particular case. Consequently, the Committee urges the Government to take the measures necessary to guarantee, both in law and in practice, the right of workers to set up organisations of their own choosing and the right of these organisations to function freely.
7. 325. As regards the violence said to have been engaged in by the WAFs and their leaders, the Committee notes the information supplied by the Government. It must however draw attention to the fact that all the examples of violence cited in its reply (setting fire to military vehicles, blocking roads and preventing access to public buildings) concern events that occurred when the WAFs were reduced to operating illegally.
8. 326. In this respect, the Committee considers that for a trade union contribution to be properly useful and credible, it must be able to engage in its activities in a climate of freedom and security. This implies that, in so far as they may consider that they do not have the essential freedom to fulfil their mission directly, trade unions would be justified in demanding that these freedoms and the right to exercise them be recognised and that these demands be considered as coming within the scope of legitimate trade union activities.
9. 327. As regards the deaths and detentions of and ill-treatment inflicted on the WAFs' leaders and activists, the Committee expresses its grave concern at the seriousness of these allegations concerning which the Government has not yet supplied sufficiently detailed replies.
10. 328. In this respect, the Committee recalls that, as stated in the resolution concerning trade union rights and their relation to civil liberties adopted by the International Labour Conference in 1970, the absence of civil liberties removes all meaning from the concept of trade union rights, and the rights conferred upon workers' and employers' organisations must be based on respect for those civil liberties.
11. 329. The complaint referred to the death of WAF leaders in the course of the assault on Tiananmen Square by the armed forces during the night of 3-4 June 1989. The Government has not responded to these allegations. The Committee therefore requests it to send its observations on this point and, inter alia, to indicate the exact circumstances surrounding the death of these WAF leaders.
12. 330. The Government confirms that three workers from Shanghai were sentenced to death and executed for setting fire to railway carriages and police vehicles and preventing the fire-fighters from doing their work in the course of events that occurred in the night of 6-7 June 1989. The Committee deplores the extreme rapidity in which the judgements were handed down and the sentences carried out since the executions took place two weeks after the incidents concerned, during which the case was judged on two occasions - once by a court of first instance and again on appeal. This rapidity implies that the accused were not able to enjoy the usual judicial guarantees. The Committee expresses the firm hope that such summary proceedings will not be resorted to again.
13. 331. The Government also confirms that nine workers from Changchun were arrested and seven of them were sent to labour education camps. To justify these measures the Government indicates that the persons concerned were guilty of murder, theft and rape. The Committee requests the Government to supply precise information on the events on which these accusations are based, and in particular to supply the judgements involved.
14. 332. The Government mentions however that some workers had organised strikes, blocked roads and engaged in activities against the Government, without any further details. The Committee must therefore remind the Government that strikes are one of the essential means that workers and their organisations should have to further and defend their economic and social interests (see, for example, 236th Report, Case No. 1066 (Romania), para. 122). Furthermore, the Committee considers that the arrest of strikers involves serious risks of abuse and serious threats to freedom of association. The competent authorities should receive appropriate instructions in order to avoid the risks that such arrests may carry for freedom of association (see, for example, 217th Report, Case No. 1034 (Brazil), para. 412).
15. 333. As regards the arrest of WAF leaders and activists, the Committee notes that those found guilty were sent to labour education camps and that a re-education policy was adopted for those WAF leaders who had not violated the law. The Committee requests the Government to supply information on the reasons for and the nature and objectives of this education through labour which is imposed on these trade unionists. In addition, the Committee notes the Government's statement that its policy has been tolerant and that only a small minority of criminals has been punished. The Government refers to the activities of one of the Beijing WAF's leaders, Hang Dongfang, without specifying whether he has been sentenced. On the other hand, it does not supply any information on the leaders and members of the WAFs who are alleged to be on a "wanted" list or under arrest. The Committee therefore requests the Government to send its observations on this matter as well as on the situation of all the other workers cited in the list attached by the ICFTU to its latest communication (see Annex attached). The Committee also requests the Government to supply its observations on the allegations of ill-treatment of certain detainees, in particular Hang Dongfang and Liu Qiang.

The Committee's recommendations

1. 334. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee expresses its deep concern at the seriousness of the allegations in this case which include deaths, detentions and ill-treatment of WAF leaders and activists, and concerning which the Government has not supplied sufficiently detailed replies.
   • (b) The Committee recalls that the right of workers to establish organisations of their own choosing implies, in particular, the effective possibility of forming, in a climate of full security, organisations independent both of those which exist already and of any political party. The Committee deplores that this basic principle has not been respected in this particular case. The Committee expresses its deep concern that the constitutional and legislative provisions currently in force in China are in clear contradiction with the right of workers to set up organisations of their own choosing and with the right of these organisations to function freely. It urges the Government to take the measures necessary to guarantee these rights, both in law and in practice.
   • (c) The Committee draws the Government's attention to the principle that, if the conditions for granting registration of a trade union are tantamount to obtaining prior permission from the public authorities, this would undeniably constitute an infringement of the principles of freedom of association.
   • (d) The Committee once again requests the Government to indicate the exact circumstances surrounding the death of leaders of the WAFs said to have occurred during the night of 3-4 June 1989 during the attack on Tiananmen Square.
   • (e) The Committee deplores the extreme rapidity of the proceedings in the case of the three workers from Shanghai who were sentenced to death and executed, which implies that the accused were not able to enjoy the normal judicial guarantees. The Committee expresses the firm hope that such summary procedures will not be resorted to again.
   • (f) With regard to the sentences passed on nine workers from Changchun, the Committee requests the Government to supply detailed information on the actual events on which the sentences for murder, theft and rape (mentioned in the reply) were based, and in particular to supply the judgements involved. As for the workers accused of organising strikes, the Committee recalls that strikes are one of the essential means that workers and their organisations should have to further and defend their economic and social interests.
   • (g) The Committee requests the Government to supply information on the reasons for and the nature and objectives of the labour re-education measures imposed on trade unionists.
   • (h) The Committee once again requests the Government to send its observations on the arrest of leaders and members of the WAFs (the grounds for their arrest, the nature of any proceedings instituted against them and their current situation) and, specifically, of Bai Dong Ping, Liu Qiang, Quian Yunin, Chen Yinshan, Hang Dongfang, all five from Beijing; Zhang Qiwang, Chen Shangfu, Wang Miaogen, Wang Hong, Shen Zhigao, Li Zhiguo, from Shanghai; and Li Guiren from the Province of Shaanxi; as well as on the grounds for placing Ho Lili on a police "wanted" list and the present whereabouts of this worker. It also requests the Government to supply information on the situation of all the other workers cited in the list attached by the ICFTU to its latest communication (see Annex atached).

Z. ANNEX

• List of workers and independent trade unionists who, according to the ICFTU,
• have been detained or executed
• BEIJING
• Detained
  • - Yang Fuqiang, WAF member, arrested on 10 June 1989;
  • - Xiao Bin, arrested on 10 June, charged with counter-revolutionary propaganda
• and sentenced on 13 July to ten years' imprisonment;
  • - Guo Yaxiong, WAF member, arrested together with four other unidentified WAF
• members;
  • - Zhang Jun and Yang Wei, arrested on 11 June;
  • - Wang Fushun, Li Meihu and Yang Hengwu, accused of blocking roads, gave
• themselves up on 10 June;
  • - Li Jiang, WAF member, gave himself up on 11 June;
  • - Liu Huanwen, WAF picket leader, detained on 13 June in Shijiazhuang;
  • - You Dianqi, WAF member;
  • - Bai Dongping, WAF member, twice arrested;
  • - Meng Duo, accused of killing a soldier, detained on 15 June;
  • - Tian Bomin;
  • - Zhao Yetang, Yang Shizeng and Li Weidong, accused of murdering a policeman;
  • - Jing Weidong and Sun Ruozhong, detained on 17 June;
  • - Lu Zhongshu, Wang Lianxi, Luan Jikui, Gong Chuangchang, Lian Zenguo and Sun
• Yancai, detained on 10 June, accused of setting alight army vehicles and
• assaulting soldiers; all may have been executed;
  • - Liu Qiang, WAF Standing Committee member.
• Executed
  • - Lin Zhaorong, accused of setting alight an army truck and stealing seven
• uniforms;
  • - Ban Huijie, accused of having beaten a soldier, arrested on 10 June;
  • - Zhang Wenkui, Zhu Jianjun, Chen Jian and Wang Hanwu, arrested on 10 June,
• accused of setting alight military vehicles, buses and ambulances;
  • - Lue Hongjun, probably the same case as the above;
  • - Wang Hangwu, executed on 22 June, possibly the same case as the above;
  • - Wang Weilin, arrested by the Public Security Bureau, accused of
• counter-revolutionary activities.
• HANGZHOU
  • - Gao Jingtang, Zhu Guanghua, Li Xiaohu, WAF leaders arrested on 10 June.
• SHANGHAI
• Detained
  • - Zhang Qiwang, WAF member, arrested on 8 June;
  • - Chen Shengfu, Wang Miaogen and Wang Hong, WAF members arrested on 9 June;
  • - Weng Zhengmin, arrested on 10 June;
  • - Sun Mahong, Peng Jiapin (or Peng Jiamin), Wei Yinchen (or Wei Yinchong),
• Zhao Jianming, Ai Qilong and Yuan Zhimin, accused of setting a train on fire;
  • - Yang Xiao, Dian Hanwu and Sun Jihong, probably the same case as the above;
  • - Huang Jianhua and Shan Guoguang, arrested on 9 and 10 June with 130 other
• people, including:
  • - Song Ruiying, Zhu Genbao and Chang Qiyang;
  • - Tian Wei, arrested on 12 June;
  • - Zhou Shaowu, responsible for liaising with Beijing's Autonomous Federation
• of Students;
  • - Xu Bingli, arrested on or before 14 June, member of the Autonomous Rights
• Union;
  • - Zhang Renfu, Zheng Liang, Dong Langjun, Jiang Deyin and Zhong Quancheng,
• members of the Democratic Workers' Association, arrest announced on 14 June;
  • - Cai Chaojun, Gong Chencheng et Li Zhibo, WAF members.
• Executed
  • - Xu Guoming, Xie Hanwu and Yan Xuerong.
• NANJING
  • - Zhu Huiming, Li Huling, WAF members, and Rui Tonghu, picket leader, and
• another eight WAF members, arrested on or before 10 June.
• TIANJIN
  • - Zhou Endong (alias Zhou Bo), WAF member, arrested on 9 June.
• GUANGXI
  • - Pan Haihong (alias Pan Haito), arrested in Nanning on or before 15 June.
• HUBEI
  • - Hu Liangbing, Yang Gechuang, Chen Wei, Jin Tao and 19 others not identified
• arrested on 7 June;
  • - Peng Jing, arrested in Wuban on 16 June.
• JIANGSU
  • - Du Weng and Yang Yongmin, leaders of the Autonomous Federation for National
• Salvation, arrested on or before 11 June with 27 other unidentified members of
• the group.
• LIAONING
  • - Gao Yunming, arrested on 9 June in Shenyang with 36 others not identified;
  • - Zheng Chuanli and Jiao Zhijn, arrested in Dalian on or before 14 June;
  • - Zhu Wenli, arrested in Shenyang on 12 June;
  • - Li Mingxian, arrested on 16 June;
  • - Xiao Bin, accused of spreading rumours and organising a riot, arrested on or
• before 19 June.
• INNER MONGOLIA
  • - Zhang Lishan, Wen Lihua, Cai Shi, Bao Huilun and Yang Xudon, WAF members
• arrested on or before 14 June with ten other unidentified members.
• SHAANXI
  • - Liu Chongxi and 42 other unidentified WAF members, arrested in Xian on 11
• June;
  • - Yu Yungang, Xu Tao, Lui Xialong, Zhu Lin, Tang Zibin, Wang Jianjun, Wei
• Yongbin, Li Tao and Pang Xiaobin, arrested on or around 12 June;
  • - Li Guiren, arrested on 17 July for calling on workers to strike;
  • - An Baojin, Bao Hongjian, Chang Ximin, Liu Congshu, Ren Xiying, Xu Ying and
• Zhao Demin, WAF members.
• SHANDONG
  • - Xu Dianwei, Xu Xianglu, Ma Jianguo and Xu Jianlei, arrested on 30 May and on
• or before 12 June, accused of theft;
  • - Liu Yubin, Che Honglian, Zhang Xinchao, Shao Liangchen and Hao Jinguang,
• members of the Jinan Autonomous Circles Federation, arrested on 15 June.
• ZHEIJANG
  • - Gao Jintang, Zhu Guanghua and Li Xiaohu, members of the Hangzhou WAF,
• arrested on 10 June.
• SZECHUAN
  • - Zhang You and Yan Quingzhong.
• CHANGSHA
  • - He Zhaohui, Li Jian, Liu Xingqi, Lu Zhaixing, Yang Xiong, Zhang Xudong and
• Zhou Yong, WAF members.