Allegations: Arrest and detention of eight advisers and paralegals who have
provided support services to workers and their organizations in handling individual and/or
collective labour disputes, as well as police interference in industrial labour
disputes
- 446. The Committee last examined this case (submitted in February 2016)
at its October–November 2019 meeting, when it presented an interim report to the
Governing Body [see 391st Report, paras 133–153, approved by the Governing Body at its
337th Session (October–November 2019)].
- 447. On that occasion, the Committee decided to once again examine this
case at its meeting in March 2020 [see 391st Report, para. 153]. In view of the
restrictions to meetings and travel in place as a result of the coronavirus pandemic,
the 338th and 339th Sessions of the Governing Body did not take place and the
corresponding March and June 2020 meetings of the Committee were cancelled.
- 448. The complainant sent additional observations and new allegations in
a communication dated 11 February 2020.
- 449. The Government sent its observations in communications dated 21
January and 30 April 2020.
- 450. China has not ratified either the Freedom of Association and
Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise
and Collective Bargaining Convention, 1949 (No. 98).
A. Previous examination of the case
A. Previous examination of the case- 451. At its October–November 2019 meeting, the Committee made the
following recommendations on the matters still pending [see 391st Report, para. 153]:
- (a) Regarding the allegations involving Mr Meng, the Committee:
- (i) urges the Government to take the necessary steps for the delivery to
Mr Meng of the identification papers without delay;
- (ii) urges the Government to reply without delay to the allegation of
detention of Mr Meng following publication of articles in relation to his
activities and imprisonment; and
- (iii) once again requests the Government to keep it informed of the outcome of
the ongoing investigation into the destruction of the door in Mr Meng’s rented
house.
- (b) The Committee once again urges the Government to conduct a
full investigation into the alleged beatings and injuries suffered by workers and
their representatives at the shoe factory, as well as Mr Chen and Zhu Xinhua (labour
dispute at the bag factory) without further delay and to keep it informed of the
outcome.
- (c) The Committee urges the Government to transmit a copy of the
report of the investigation into the alleged harsh treatment of the labour activists
while in custody and numerous interrogations of the accused.
- (d) The Committee requests the Government to confirm that Messrs
Deng and Peng will not be prosecuted.
- (e) The Committee once again requests the Government to keep it
informed of measures taken to ensure the right of all workers to form and join the
organization of their own choosing.
- (f) The Committee urges the Government to take all necessary
steps to ensure the release of any workers detained in relation to their activities
to form a union and to submit a detailed reply on each of the allegations of
arrests, detention, ill-treatment and disappearance of labour activists and their
supporters, as well as criminal charges laid against some and sanctions imposed. The
Committee requests the complainant organization to provide any further information
it might have in this regard.
- (g) The Committee urges the Government to take the necessary
measures to ensure adequate protection against anti-union discrimination in law and
in practice and to provide a copy of the report on the outcome of the investigation
referred to by the Government (regarding Messrs Yu and Li) and detailed information
with regard to the alleged dismissals of Messrs Mi, Li, Song, Kuang, Zhang and
Chang.
- (h) The Committee once again requests the Government to reply
without further delay to the specific allegations in relation to the right to strike
and demonstrate in practice, including the frequent use of public order laws to
restrict its exercise, by specifying the conditions for the effective exercise of
this right in law and in practice.
- (i) The Committee requests the Government to provide information
on the status of the pending criminal cases against Messrs Mi, Yu, Liu and Li and
detailed information on the precise acts for which they have been charged, as well
as any court judgment rendered in their case.
- (j) The Committee will once again examine this case at its next
meeting in March 2020.
B. The complainant’s additional allegations
B. The complainant’s additional allegations- 452. In its communication dated 11 February 2020, the complainant
indicates that the information on the whereabouts of individuals who were detained or
had disappeared in 2018 in connection with the formation of a trade union at JASIC
Technology Co. (the technology company) is very difficult to obtain. The ITUC indicates
that it has not been possible to contact the individuals or their family members to
verify whether a trial has taken place and whether these individuals are still under
detention or have been released. The complainant suspects that, as a condition of their
possible release, they were told not to communicate with anyone and to cease any further
labour activity. It provides a detailed update on the workers and labour activists
previously named in the complaint (see Appendix II).
- 453. The complainant alleges that the Government continues to lay
criminal charges against labour activists who support workers in exercising their right
to freedom of association. In this respect, it points out that sections 290 and 293 of
the Criminal Code are frequently used to arrest and detain labour activists, while
section 75 is applied to deprive them of their due rights under residential
surveillance. The ITUC makes the following new allegations of arrests and
detention.
Five labour activists detained in Guangzhou city on 20 January 2019
- 454. According to the ITUC, five activists, Messrs Zhang Zhiru, Wu
Guijun, He Yuancheng, Jian Hui and Song Jiahui, were detained by the police for unknown
reasons on 20 January 2019. After spending one year in detention without trial, they are
now at Shenzhen No. 2 Detention Centre. Mr He Yuancheng was officially arrested for
“gathering a crowd and disturbing public order” in February 2019. The families and
lawyers of the other four activists have not received an official indictment or
information on the allegedly unlawful acts they were accused of. The five activists were
not able to meet their families and lawyers until months later; nor have they been able
to freely exercise their right to a legal counsel without coercion. Mr Wu Guijun was
forced to dismiss the lawyer appointed by his family and to accept to be represented by
a lawyer appointed by the Government.
Fu Changguo of Dagongzhe Migrant Worker Centre
- 455. The ITUC alleges that Mr Fu was arrested and interrogated in July
2018 at Ailian police station, Shenzhen municipality, for “picking quarrels and
provoking troubles”, an offence under section 293 of the Criminal Code. The request of
Mr Fu’s sister to grant bail was rejected on 25 December 2018. He was not allowed to
meet his lawyers, except for once on 20 September 2019. Later, Mr Fu was held at
Shenzhen No. 2 Detention Centre. His sister was unable to deposit funds into his account
at the detention centre. His current whereabouts remain unknown.
New allegations of the arrest of iLabour staff
- 456. The ITUC alleges that on 8 January 2019, officers from Yuzhu
district of Shenzhen public security branch stormed into the home of Mr Yang Zhengjun in
Guangzhou city and took him away. Yang is the editor of “iLabour”. His colleagues,
Messrs Wei Zhili and Ke Chengbing, were detained by Shenzen police security officers
from their home in Guangzhou city on 20 March 2019. Their computers and cell phones were
confiscated. The three activists joined “iLabour” in November 2013 to provide an
independent online platform that covers worker-related stories, labour news, and
provides paralegal consultation services to migrant workers. Since early 2018, the three
activists have been reporting on the occupational health of the construction workers
from the Hunan province in Shenzhen and providing assistance to pneumoconiosis victims
to claim compensation. Mr Yang was detained by the police one day after 50 workers with
pneumoconiosis, who were demanding compensation from their employers, were forcibly sent
back to their home province by the authorities.
- 457. The three activists were detained for “picking quarrels and
provoking trouble” at Shenzhen No. 2 Detention Centre where they had been transferred to
residential surveillance at a designated location (RSDL) for four to six months between
February and August 2019. Their families were verbally informed by the police that their
arrest was related to the protest of the workers with pneumoconiosis against their
forced repatriation in January 2018. As of February 2020, no indictment has been handed
down. The activists were forced to dismiss the lawyers appointed by their families. The
complainant alleges that their due process rights under the Criminal Procedure Law which
should be immediately notified and be free from arbitrary arrest, search and detention
without a warrant by public security and police officers were not respected.
- 458. The ITUC alleges that the RSDL is stipulated for suspected acts of
terrorism, serious bribery and endangering national security under section 75 of the
Criminal Law. The ITUC points out that the United Nations (UN) Working Group on
Arbitrary Detention, the UN Working Group on Enforced or Involuntary Disappearances, the
UN Special Rapporteur on the promotion and protection of the right to freedom of opinion
and expression and the UN Special Rapporteur on the situation of human rights defenders
have deemed that the arbitrary power extended to the public security organs in applying
RSDL is tantamount to secret detention and enforced disappearances. The ITUC considers
that the application of RSDL against the three labour activists creates a chilling
effect that undermines the rights of the occupationally injured and other workers to
freely associate and peacefully demonstrate.
Administrative detention of Chen Weixiang
- 459. The ITUC alleges that Mr Chen Weixiang, a labour activist and
founder of a popular social media platform Heart Sanitation, which publishes news and
provides information about sanitation workers’ rights, was arrested by police in
Guangzhou city on 17 December 2019 together with his associate and a volunteer. Mr Chen
has been supporting sanitation workers in Guangzhou in organizing and improving their
working conditions. They were released on 3 January 2020 after spending 15 days in
administrative detention.
Meng Han
- 460. The ITUC also alleges that Mr Meng is under police surveillance to
prevent him from assuming his role as a worker activist. He was detained by the Nansha
District Public Security Bureau on 30 August 2019 for the vague allegation of “picking
quarrels and provoking trouble”. He was arbitrarily detained by the police for 38 days
before being released on 8 October 2019.
C. The Government’s reply
C. The Government’s reply- 461. In its communications dated 21 January and 30 April 2020, the
Government reiterates that it has launched a special investigation into the situation in
this case and in this respect transmits the following information.
- 462. Regarding the results of investigations into the cases of Messrs
Meng and Chen, Ms Zhue and others, the Government reiterates that the investigation
revealed that the local police in Guangdong Province did not receive any reports of
workers at the Lide Shoe Factory (shoe factory), including Mr Chen and Ms Zhue, being
beaten. In the case of the destruction of the door in Mr Meng’s rented residence, upon
receipt of his report, the local police worked promptly on his case in accordance with
the law. They launched a large number of interviews and investigations, and yet found no
good and valid clue to identify the suspect. As provided for in Chinese law, this case
is still under investigation by the police.
- 463. Regarding the alleged violations at the technology company, the
Government refers to the information previously provided and emphasizes that based on
the result of investigation by the local police, the so-called Weiquan (rights
protection) incident, which occurred in Shenzhen in July 2018, was an illegal and
criminal one. In this incident, some ex-employees, fired by the technology company for
their violation of its corporate policy, broke into the company’s premises in the name
of safeguarding their rights, hereby causing severe disruptions to its normal operation
and local social order. After investigation and examination by the local police, all the
persons involved were suspected of committing provocative offences and gathering people
to disturb social order. Based on the facts and circumstances of their crimes, those
persons concerned were transferred to local judicial organs for prosecution, trial or
educational release respectively.
- 464. The Government states that Mr Wu Lijie, mentioned in the appendix
list of the 391st Report, is not one of those persons involved in the incident at the
technology company. Mr Wu Lijie was detained on 24 October 2018 by the Xinye County
Public Security Bureau of Nanyang City, Henan Province, on suspicion of illegal business
operations. On 13 November 2019, the People’s Court of Xinye County handed down a
judgment of first instance (for the crime of illegal business operation; he was
sentenced to three years’ imprisonment and a fine of 30,000 Yuan (¥).
- 465. The Government informs that Jasic Technology Trade Union was
established on 20 August 2018. By 14 April 2020, it had 831 members out of 952 workers
employed by the company. Aiming at “promoting the harmonious development of the
enterprise, safeguarding the legitimate rights and interests of workers and
wholeheartedly serving the workers”, the union has, since its establishment, played an
active role in uniting the workers and building harmonious labour relations. A taskforce
set up by the company to plan for the prevention and control of the COVID-19 pandemic is
headed by the President of the union. With rigorous preparations, the company resumed
its work on 16 February 2020. All of the 75 workers from Hubei Province have come back
to Shenzhen and resumed their work. According to the Government, the labour relations
are stable and the union has carried out the following work:
- 466. More generally, the Government indicates that the Constitution of
the People’s Republic of China and relevant laws fully guarantee citizens’ freedom of
association. In particular, the Law of the People’s Republic of China on Assemblies,
Processions and Demonstrations is a special law that regulates the demonstrations of
Chinese citizens enacted to serve two purposes: (1) safeguard citizens’ exercise of
their right to assembly, procession and demonstration according to law; and (2) maintain
social stability and public order. Therefore, both “safeguarding the right to
demonstration” and “maintaining public order” fall within the scope of regulation by the
law, both of which are closely linked and inseparable. They are unified, standardized
and coordinated in the process of implementing the law. No case exists where there is
frequent application of public order-related laws to restrict the exercise of the right
to demonstrate.
- 467. China’s Law on Assemblies, Processions and Demonstrations has
detailed provisions on the requirements and conditions for the exercise of rights
related to demonstrations. On the one hand, an assembly, a procession or a demonstration
held in compliance with law shall be safeguarded by the governments at all levels and
shall not be disturbed, broken into or disrupted by anybody by violence, coercion or any
other illegal means. On the other hand, with a view to ensuring the orderly conduct of
an assembly, a procession or a demonstration in accordance with law, citizens must make
application to and obtain permission from the competent authorities in advance. Citizens
must conduct their activity in conformity with its purposes, manners, posters, slogans,
starting and finishing time, places and routes for which permission has been granted. No
weapons, controlled cutting tools or explosives shall be carried, and no violence
employed. No citizens shall, in a city other than place of residence, start, organize or
participate in an assembly, a procession or a demonstration of local citizens. The
holding of an assembly, a procession or a demonstration shall not contravene the
regulations on public security administration and shall not involve criminal activities
or the instigation of crimes. Those who commit acts in violation of relevant provisions
of laws in the process of an assembly, a procession or a demonstration shall be
investigated by the competent authorities for civil, administrative or criminal
responsibility in accordance with law, depending on the seriousness of the case.
- 468. The Government points out that while it guarantees the citizens’
freedom of association and ensures their exercise of this right, Chinese workers and
their organizations shall abide by the relevant provisions of national laws, in
particular laws and regulations on social governance, in exercising the aforementioned
right. The Government points out that through the investigation it has been established
that the persons in this case were subject to investigation and penalty not on the
ground of organizing workers or participating in trade union activities, but for the
reason of violating relevant provisions of the Criminal Law and the Public Security
Administration Punishments Law. In handling those cases, the courts and public security
organs strictly follow the procedures prescribed by relevant laws. The legitimate rights
of persons concerned are properly protected.
- 469. As regards trade unions and their role, the Government indicates
that China’s current trade union system is formed in line with China’s history, reality
and the wishes of Chinese workers. It conforms to the fundamental interests of the vast
majority of workers and effectively protects their rights and interests. In recent
years, Chinese trade unions have always attached great importance to safeguarding the
right of workers to organize themselves. They have continuously expanded the coverage of
grass-roots trade union organizations and played an increasingly important role.
Progress is made in the following three aspects:
- 470. The Government provides the following information in respect of the
additional allegations submitted by the ITUC.
- 471. Regarding the alleged detention of five persons in Guangzhou city,
the Government indicates that since 2014, Messrs Zhang Zhiru, Jian Hui, Wu Guijun, Song
Jiahui and He Yuancheng, have on many occasions organized and incited workers, who were
unaware of the truth, to block the roads and surround the police station and the
Provincial Bureau of Complaints and Proposals, leading to road congestion for a long
period of time and seriously disrupting the local production and living order. They were
suspected of committing offences of assembling crowds to disrupt public order. On 20
January 2019, the Guangdong public security authority imposed a compulsory measure of
criminal detention on the five persons. On 26 February 2019, the Prosecutor of Baoan
District of Shenzhen approved their arrest. At present, the case is at the stage of
pre-trial preparation and a court session will be convened in the near future.
- 472. Regarding the alleged arrest of iLabour staff, the Government
indicates that since July 2018, Messrs Yang Zhengjun, Ke Chengbing and Wei Zhili, have
on many occasions fabricated and spread false information on the internet and assembled
crowds to create disturbances in public spaces, causing serious public disorder. On 8
January 2019, the Guangdong public security authority imposed a compulsory measure of
criminal detention on Mr Yang Zhengjun on suspicion of provocative offence. On 6
February 2019, the compulsory measure was changed to residential surveillance. On 20
March 2019, the Guangdong public security authority imposed a compulsory measure of
criminal detention on Messrs Ke Chengbing and Wei Zhili on suspicion of provocative
offences. On 19 April 2019, this measure was changed to residential surveillance. On 5
August 2019, the Shenzhen Municipal Prosecutor approved the arrest of Messrs Yang
Zhengjun, Ke Chengbing and Wei Zhili for provocative offences. On 27 December 2019, the
Shenzhen Municipal Prosecutor initiated prosecution and transferred the case to the
Shenzhen Municipal Court. At present, the case is at the stage of pre-trial preparation
and a court session will be convened in the near future.
- 473. As for the alleged detention of Mr Chen Weixiang and others, the
Government indicates that in December 2019, the Public Security Bureau of Yuexiu
District, Guangzhou, received a report from members of the public informing that there
were some people who impersonated the staff of the sub-district office to distribute
false publicity materials and subsequently found that the three persons were Messrs Lu
Haoju, Zhang Yu and Chen Weixiang. Following the investigation and interrogation, the
three persons admitted the facts that they had produced false materials and impersonated
the staff of the sub-district office to distribute false materials. Given that the
circumstances were minor, the Public Security Bureau of Yuexiu District, Guangzhou,
imposed 15 days of administrative detention on the three persons for provocative acts in
accordance with section 26(4) of the Public Security Administration Punishments Law. The
execution was completed on 2 January 2020.
- 474. As regards the new allegations involving Mr Meng, the Government
indicates that he had been spreading false information on social media and disrupting
public order for a long time. Thus, the Public Security Authority of Nansha District,
Guangzhou, summoned him at 6 p.m. on 30 August 2019 on suspicion of a proactive offence.
A compulsory measure of criminal detention was imposed on him as from 4 p.m. on 31
August 2019. During the interrogation, Meng Han admitted the facts related to the
offence and repented his acts. Given that Meng Han recognized and repented his acts and
their resulting social damage was relatively minor, the measure of obtaining a guarantor
was imposed on him pending his trial on 7 October 2019.
- 475. Regarding the students whose names are mentioned in the additional
information (Appendix II), the Government indicates that they, including Feng Junjie, Li
Ziyi, Ma Shize, Sun Jiayan, Zhang Ziwei, Jia Shijie, Yan Zihao, Chen Kexin, etc., study
in schools or are preparing to go abroad for further study. All of them are currently
staying at home in their places of origin. None of them had been arrested or in
circumstances of being inaccessible.
- 476. The Government concludes by reiterating that in handling the cases
in the complaint, China’s courts and public security organs strictly follow the
procedures prescribed by Chinese law. The legal rights and interests of persons
concerned are properly protected and there are no cases of harsh treatment.
D. The Committee’s conclusions
D. The Committee’s conclusions- 477. The Committee recalls that this case concerns allegations of arrest
and detention on charges of “gathering a crowd to disturb public order” of advisers and
paralegals who have provided support services to workers and their organizations in
handling individual and/or collective labour disputes.
- 478. The Committee recalls, in particular, that Mr Meng, one of the
advisers, sentenced to 21 months of imprisonment on the above charges, had allegedly had
his identification documents withheld by the authorities following his release from
prison. The Committee expresses its deep concern at the allegations previously raised
that, without these papers, Mr Meng cannot access medical services to treat hepatitis
contracted in prison, nor apply for jobs; that his freedom of movement is restricted and
that he was once again detained (for a few days) following publication of articles
describing his activism, trial and imprisonment. The Committee regrets that the
Government once again limits itself to indicating that the police did not receive any
complaints of workers having been beaten and that investigations are ongoing in respect
of the destruction of Mr Meng’s door. The Committee deeply regrets that the Government
does not reply to the very serious allegation of the withholding of Mr Meng’s
identification documents and the considerable consequences that this has for his life
and health. The Committee once again urges the Government to take the necessary steps
for the delivery to Mr Meng of the identification papers without delay and to keep it
informed of the outcome of the investigation in respect of the destruction of the door
in Mr Meng’s rented house.
- 479. The Committee further notes with concern the most recent allegation
that Mr Meng is under police surveillance to prevent him from assuming his role as a
worker activist. According to the ITUC, he was detained on 30 August 2019 for “picking
quarrels and provoking trouble” and released only on 8 October 2019. The Committee notes
that the Government does not dispute this allegation and indicates that Mr Meng has been
spreading false information on social media and disrupting public order for a long time.
It further indicates that during the interrogation, Mr Meng admitted the facts related
to the offence and repented his acts. Given this fact and because the social damage
caused by his actions was relatively minor, the measure of obtaining a guarantor was
imposed on him pending his trial on 7 October 2019.
- 480. The Committee also notes the recent allegations of arrest and
detention of several other labour activists because of their involvement with organizing
workers, providing advice and assistance. The complainant refers to the cases of Messrs
Zhang Zhiru, Jian Hui, Wu Guijun, Song Jiahui and He Yuancheng, initially detained on 20
January 2019; Mr Yang Zhengjun, initially detained on 8 January 2019; Messrs Ke
Chengbing and Wei Zhili, initially detained on 20 March 2019; Mr Fu Changguo, arrested
in July 2018 and whose whereabouts are unknown; and Messrs Lu Haoju, Zhang Yu and Chen
Weixiang, arrested in December 2019 and released on 3 January after spending 15 days in
administrative detention. The Committee notes the Government’s indication that Messrs
Zhang Zhiru, Jian Hui, Wu Guijun, Song Jiahui, He Yuancheng, Yang Zhengjun, Ke Chengbing
and Wei Zhili are suspected of committing an offence of assembling crowds to create
disturbances and that their cases are at the pre-trial stage. It also indicates that
Messrs Lu Haoju, Zhang Yu and Chen Weixiang were released having served their
administrative sentence.
- 481. The Committee notes that the trial involving Mr Meng’s new case is
still pending and that the cases of Messrs Zhang Zhiru, Jian Hui, Wu Guijun, Song
Jiahui, He Yuancheng, Yang Zhengjun, Ke Chengbing and Wei Zhili are at the pre-trial
stage. The Committee expects that the hearings will take place without further delay and
urges the Government to draw to the court’s attention the Committee’s previous and
pending conclusions and recommendations in this case, which it had examined on several
occasions. The Committee recalls in this respect that the right to organize public
meetings constitutes an important aspect of trade union rights. It further once again
recalls that the detention of trade unionists for reasons connected with their
activities in defence of the interests of workers constitutes a serious interference
with civil liberties in general and with trade union rights in particular and that
workers should enjoy the right to peaceful demonstration to defend their occupational
interests [see Compilation of decisions of the Committee on Freedom of Association,
sixth edition, 2018, paras 123 and 208]. The Committee requests the Government to
transmit all court decisions once they have been handed down. The Committee regrets that
the Government provides no information regarding Mr Fu Changguo and urges the Government
to do so without further delay.
- 482. As regards the Government’s reiteration that the police had not
received any complaints of beatings or injuries suffered by workers and their
representatives at the shoe factory, a claim previously contested by the complainant,
the Committee regrets that the Government has not indicated any steps taken as
previously recommended to conduct a full investigation into the matter even in the
absence of a formal filing of charges. The Committee therefore once again urges the
Government to carry out an investigation into these allegations without further delay
and to keep it informed of the steps taken and of the outcome.
- 483. The Committee further recalls that it had requested the Government
to transmit a copy of the investigation report into the allegations of harsh treatment
of the labour activists while in custody which had revealed that Mr Zeng and others were
not subject to cruel treatment while in detention. The Committee deeply regrets that the
Government has not replied to this recommendation and therefore once again urges it to
transmit a copy of the investigation report to which it has referred.
- 484. Regretting that the Government has not confirmed the Committee’s
understanding that Messrs Deng and Peng are no longer under investigation, the Committee
once again requests it to specifically affirm that they will not be prosecuted in
relation to the matters raised in the complaint.
- 485. The Committee recalls the allegations of violation of workers’
rights to establish a trade union in full freedom without previous authorization at the
technology company in Shenzhen, as well as arrests, detention, ill-treatment and
disappearance of labour activists and supporters of the company’s workers and the
detailed account of the events that gave rise thereto. The Committee noted in
particular, that the establishment of a trade union at the technology company was only
possible with the involvement and approval of the FTU. In this respect, the Committee
further noted that according to the ITUC, the overall legislative framework did not
allow workers to join or form trade unions unless the local unions affiliate with the
All-China Federation of Trade Unions (ACFTU) and that in this particular case, the
nine-member trade union committee finally elected was effectively dominated by
management with the company investment director as the trade union chairperson.
- 486. The Committee takes due note of the Government’s indication that
China’s current trade union system is formed in line with China’s history, reality and
the wishes of Chinese workers. It conforms to the fundamental interests of the vast
majority of workers and effectively protects their rights and interests. According to
the Government, Chinese trade unions have always attached great importance to
safeguarding the right of workers to organize themselves. They have continuously
expanded the coverage of grass-roots trade union organizations and played an
increasingly important role. The Government refers in particular to progress made in
continuously expanding the coverage of trade union organizations, strengthening the
representation of grass-roots trade union organizations and safeguarding the legitimate
rights and interests of workers. While noting the detailed information provided by the
Government on the functioning and the work of the trade union at the technology company,
the Committee deeply regrets however that the Government continues not to reply to the
numerous allegations of enterprise interference in the creation of the union, including
management representation in its leadership, that are at issue in this case. The
Committee recalls that all appropriate measures should be taken to guarantee that,
irrespective of trade union affiliation, trade union rights can be exercised in normal
conditions with respect for basic human rights and in a climate free of violence,
pressure, fear and threats of any kind. The Committee further recalls once again that
the right of workers to establish organizations of their own choosing implies, in
particular, the effective possibility of forming, in a climate of full security,
organizations independent both of those which exist already and of any political party
[see Compilation, para. 475] and once again calls upon the Government to ensure this
right for all workers. The Committee recalls that it always takes account of national
circumstances, such as the history of labour relations and the social and economic
context, but the freedom of association principles apply uniformly and consistently
among countries [see Compilation, para. 16].
- 487. In this regard, the Committee is bound to recall its serious concern
over the list of 32 individuals, engaged in or supporting the workers’ action who were
allegedly in detention (5) or have disappeared (27) in this connection, as well as
criminal charges brought against some. The Committee had urged the Government to take
all necessary steps to ensure the release of any workers detained in relation to their
activities to form a union and to submit a detailed reply on each of the allegations of
arrests, detention, ill-treatment and disappearance of labour activists and their
supporters, as well as criminal charges laid against some and sanctions imposed. The
Committee notes the general response made by the Government that some ex-employees,
fired by the technology company for their violation of its corporate policy, broke into
the company’s premises in the name of safeguarding their rights, causing severe
disruption to its normal operation and local social order. According to the Government,
following investigation by the local police, all the persons involved were suspected of
committing provocative offences and gathering people to disturb social order. Based on
the facts and circumstances of their crimes, those persons concerned were transferred to
local judicial organs for prosecution, trial or educational release respectively.
- 488. The Committee notes the updated information provided by the
complainant in this case in relation to the arrests and disappearance of persons
previously named in the complaint and regarding allegations of new arrests bringing the
overall number to 48. The Committee regrets that the only specific information that the
Government has provided in relation to the individuals named in the original list
concerns Mr Wu Lijie, reported by the complainant to be a leftist media editor, who the
Government indicates was convicted of the crime of illegal business operation and
sentenced to three years’ imprisonment and a fine of ¥30,000. Given the vague nature of
the information provided by the Government concerning Mr Wu Lijie’s conviction, the
Committee requests the Government to transmit a copy of the court judgment in this
case.
- 489. As regards the additional list of individuals detained or
disappeared submitted by the ITUC in its communication dated 11 February 2020 (Appendix
II), the Committee notes the Government’s indication that the students, including Feng
Junjie, Li Ziyi, Ma Shize, Sun Jiayan, Zhang Ziwei, Jia Shijie, Yan Zihao, Chen Kexin,
etc., study in schools or are preparing to go abroad for further study. According to the
Government, all of them are currently staying at home in their places of origin and none
had been arrested or in circumstances of being inaccessible. The Committee takes note of
this information, which specifically refers to students, naming eight directly, who are
mentioned in Appendix II, but does not provide any specific information in relation to
the workers on that list. While the Committee understands from the Government’s reply
that none of the students on this list are being pursued for action in support of
workers at the technology company, it requests the Government to further confirm that
the three workers named in the list – Lan Zhiwei, Zhang Zeying, and Li Yanzhu, – have
also not been arrested, detained or prosecuted in this regard.
- 490. The Committee observes with deep regret that the Government did not
provide any specific information in relation to the whereabouts, charges, judgments, or
convictions of those individuals mentioned in Appendix I as previously requested, except
for as regards Mr Wu Lijie. In this regard, and noting with concern the new allegations
of arrest, the Committee must also express its deep concern that many of the persons
forming part of the original complaint are alleged to have been forcibly disappeared.
The Committee recalls that freedom of association can only be exercised in conditions in
which fundamental rights, and in particular those relating to human life and personal
safety, are fully respected and guaranteed [see Compilation, para. 82]. The Committee
finds itself bound therefore once again to urge the Government to submit a detailed
reply on each of the allegations of arrests, detention, ill-treatment and disappearance
of labour activists and their supporters, as set out in Appendix I, as well as criminal
charges laid against some and sanctions imposed.
- 491. Furthermore, regretting that the Government has not replied to its
previous recommendation regarding the dismissal of a number of workers of the technology
company, it once again urges the Government to take the necessary measures to ensure
adequate protection against anti-union discrimination in law and in practice and to
provide a copy of the report on the outcome of the investigation which it had referred
to and detailed information on the alleged dismissals of Messrs Mi, Li, Song, Kuang,
Zhang and Chang.
- 492. Regarding the pending criminal cases against the four workers
(Messrs Mi, Yu, Liu and Li) in relation to the exercise of their right to assembly, the
Committee regrets that the Government has not provided any specific information on the
status of these cases, as requested. The Committee once again urges the Government to
indicate the situation of Messrs Mi, Yu, Liu and Li in relation to the cases brought
against them for the exercise of their right to assembly, including detailed information
on the precise acts for which they have been charged, as well as any court judgment
rendered in their cases.
- 493. In its previous examination, the Committee had noted the
complainant’s general allegation that it was not possible for workers and labour
activists to participate in a legitimate strike or demonstration without violating the
law that prohibits the disturbance of public order; and that it was common for the
prosecutor and the court to view industrial action taken by workers as public security
violations rather than as the exercise of fundamental rights. The Committee notes the
Government’s general observation that on the Law on Assemblies, Processions and
Demonstrations is a special law that regulates the demonstrations of Chinese citizens
enacted to serve two purposes: (1) safeguard citizens’ exercise of their right to
assembly, procession and demonstration according to law; and (2) maintain social
stability and public order. The Government adds that these two purposes are closely
linked and inseparable; they are unified, standardized and coordinated in the process of
implementing the law. According to the Government, no case exists where there is
frequent application of public order-related laws to restrict the exercise of the right
to demonstrate. The Committee observes that some of the specific requirements relating
to demonstration referred to in the Government’s reply would clearly be in conformity
with the principles of freedom of association (such as the ban on weapons, controlled
cutting tools or explosives and the use of violence). The Committee also observes,
however, that several of the requirements appeared quite broad in nature and their
implementation could give rise to a violation of freedom of association. In particular,
the Committee observes with concern the Government’s indication that no citizen shall,
in a city other than their place of residence, start, organize or participate in an
assembly, a procession or a demonstration of local citizens. Recalling that workers
should enjoy the right to peaceful demonstration to defend their occupational interests
[see Compilation, para. 208], the Committee considers that this geographical restriction
placed by legislation on the right to demonstrate is not in conformity with the freedom
of peaceful assembly. The Committee further recalls that the International Labour
Conference has pointed out that the right of assembly, freedom of opinion and expression
and, in particular, freedom to hold opinions without interference and to seek, receive
and impart information and ideas through any media and regardless of frontiers,
constitute civil liberties which are essential for the normal exercise of trade union
rights (resolution concerning trade union rights and their relation to civil liberties,
adopted at the 54th Session, 1970) [see Compilation, para. 77]. The Committee requests
the Government to continue facilitating constructive and inclusive dialogue with the
social partners with a view to ensuring complete respect for freedom of association and
the right to peaceful demonstration for workers and employers.
- 494. The Committee recalls that it examined this case at its six
sessions, including the last three consecutive ones when it noted with serious concern
the list of 32 individuals allegedly detained or disappeared in connection with the
technology company workers’ campaign, of whom 27 were allegedly still missing or their
whereabouts were unknown. The Government always provided its observations and they were
duly considered by the Committee. The Committee regrets that, even though having been
requested several times, the Government has not fully replied to its requests for
information, either remaining silent or replying in general terms, and not providing
detailed information on the facts, including copies of the specific investigation
reports referred to in their observations and requested by the Committee. In the absence
of specific and precise information from the Government, the Committee is concerned that
there still remain those individuals of whom even the whereabouts are not clear or not
certain, including among the 16 individuals of the additional list (Appendix II). The
Committee requests the Government to be more cooperative and to provide the information
requested by the Committee without further delay.
The Committee’s recommendations
The Committee’s recommendations- 495. In the light of its foregoing interim conclusions, the Committee
invites the Governing Body to approve the following recommendations:
- (a) The Committee once again urges the Government to take the necessary steps for
the delivery to Mr Meng of the identification papers without delay and to keep it
informed of the outcome of the investigation in respect of the destruction of the
door in Mr Meng’s rented house.
- (b) The Committee expects that the hearing in the cases of Messrs Meng, Zhang
Zhiru, Jian Hui, Wu Guijun, Song Jiahui, He Yuancheng, Yang Zhengjun, Ke Chengbing
and Wei Zhili will take place without further delay and urges the Government to draw
to the court’s attention the Committee’s previous and pending conclusions and
recommendations in this case, which it had examined on several occasions. The
Committee requests the Government to transmit all court decisions once they have
been handed down.
- (c) The Committee regrets that the Government provides no information regarding Mr
Fu Changguo and urges the Government to do so without further delay.
- (d) The Committee once again urges the Government to carry out an investigation
into the allegations of beatings or injuries suffered by workers and their
representatives at the shoe factory without further delay and to keep it informed of
the steps taken and of the outcome.
- (e) The Committee once again urges the Government to transmit a copy of the
investigation report into the allegations of harsh treatment of the labour activists
while in custody which had revealed that Mr Zeng and others were not subject to
cruel treatment while in detention.
- (f) The Committee once again requests the Government specifically to affirm that
Messrs Deng and Peng are no longer under investigation and that they will not be
prosecuted in relation to the matters raised in the complaint.
- (g) The Committee calls upon the Government to ensure that all workers enjoy the
right to establish organizations of their own choosing and, in particular, the
effective possibility of forming, in a climate of full security, organizations
independent both of those which exist already and of any political party.
- (h) Given the vague nature of the information provided by the Government
concerning Mr Wu Lijie’s conviction, the Committee requests the Government to
transmit a copy of the court judgment in this case.
- (i) The Committee requests the Government to confirm that Lan Zhiwei, Zhang Zeying
and and Li Yanzhu (mentioned in Appendix II) have not been arrested, detained or
prosecuted for having supported Jasic workers.
- (j) The Committee once again urges the Government to submit a detailed reply on
each of the allegations of arrests, detention, ill-treatment and disappearance of
labour activists and their supporters set out in Appendix I, as well as criminal
charges laid against some and sanctions imposed.
- (k) The Committee once again urges the Government to take the necessary measures
to ensure adequate protection against anti-union discrimination in law and in
practice and to provide a copy of the report on the outcome of the investigation
which it had referred to and detailed information on the alleged dismissals of
Messrs Mi, Li, Song, Kuang, Zhang and Chang.
- (l) The Committee once again urges the Government to indicate the situation of
Messrs Mi, Yu, Liu and Li in relation to the cases brought against them for the
exercise of their right to assembly, including detailed information on the precise
acts for which they have been charged, as well as any court judgment rendered in
their case.
- (m) In relation to geographical and other vague restrictions placed by legislation
on the right to demonstrate, the Committee requests the Government to continue
facilitating constructive and inclusive dialogue with the social partners with a
view to ensuring complete respect for freedom of association and to ensure the right
to peaceful demonstration for workers and employers.
- (n) The Committee requests the Government to be more cooperative and to provide
the information requested by the Committee without further delay.
Appendix I
Appendix IList of 31 individuals detained or disappeared in connection with Jasic workers’
campaign- 1. Mr Mi Jiuping: the technology company worker, detained since July
2018, charged with “gathering a crowd to disrupt social order.” He is being held at the
Shenzhen Municipal No. 2 Detention Centre. Mi’s first two lawyers were forced to
withdraw from his case. On 1 October 2018, a request by a new lawyer to meet with Mi was
denied on the grounds that Mi’s case involved state secrets. Not reachable.
- 2. Mr Yu Juncong: the technology company worker, detained since July
2018, charged with “gathering a crowd to disrupt social order”. He is being held at the
Shenzhen Municipal No. 2 Detention Centre. After meeting with Yu on 30 August 2018, Yu’s
lawyer was pressured to withdraw from the case. Yu’s requests for a meeting with his new
lawyer have not been accepted after 30 August 2018. Not reachable.
- 3. Mr Liu Penghua: the technology company worker, detained since July
2018, charged with “gathering a crowd to disrupt social order”. He is being held at the
Shenzhen Municipal No. 2 Detention Centre. Liu told a lawyer who met with him in
September that he had been beaten. Further requests to meet with his lawyer have been
denied. Not reachable.
- 4. Mr Li Zhan: former the technology company worker and worker supporter,
detained since July 2018, charged with “gathering a crowd to disrupt social order”. He
is being held at the Shenzhen Municipal No. 2 Detention Centre. After meeting with Li on
18 September 2018, Li’s lawyer was pressured to withdraw from his case. Not
reachable
- 5. Ms Shen Mengyu: graduate of Sun Yat-sen University. Arrested for
supporting Jasic workers. Not reachable.
- 6. Ms Yue Xin: graduate of Peking University, forcibly disappeared on 24
August 2018. Arrested for supporting Jasic workers. Not reachable.
- 7. Ms Gu Jiayue: graduate of Peking University, taken from her home on 24
August 2018, charged with “picking quarrels and provoking trouble” and is being held
under “residential surveillance at a designated place”. Arrested for supporting Jasic
workers. Not reachable.
- 8. Mr Xu Zhongliang: graduate of University of Science and Technology
Beijing, detained since 24 August 2018, charged with “picking quarrels and provoking
trouble” and is being held under “residential surveillance at a designated place”.
Arrested for supporting Jasic workers. Not reachable.
- 9. Mr Zheng Yongming: graduate of Nanjing Agricultural University,
detained since 24 August 2018, charged with “picking quarrels and provoking trouble” and
is being held under “residential surveillance at a designated place”. Arrested for
supporting Jasic workers. Not reachable.
- 10. Mr Shang Kai: editor of a leftist media website Hongse Cankao,
taken away by Guangdong police on 24 August 2018 from the office of Hongse Cankao. Still
missing.
- 11. Mr Fu Changguo: staff member of a workers’ centre, Dagongzhe,
detained since August 2018, charged with “gathering a crowd to disrupt social order”.
Unable to identify where he was detained since his arrest. Denied access to lawyers and
his family.
- 12. Mr Yang Shaoqiang: graduate of University of Science and
Technology Beijing, taken from home in August 2018, charged with “picking quarrels and
provoking trouble”. Whereabouts unknown. No further information.
- 13. Mr Tang Jialiang: postgraduate student at Beijing Institute of
Technology, forcibly disappeared since early September 2018. Still missing.
- 14. Mr Zhang Shengye: graduate of Peking University, taken from
campus and forcibly disappeared on 9 November 2018. Arrested for supporting Jasic
workers. Not reachable.
- 15. Ms Sun Min: graduate of Peking University, taken away in
Guangzhou and forcibly disappeared on 9 November 2018. Arrested for supporting Jasic
workers. Not reachable.
- 16. Mr Zong Yang: graduate of Peking University, taken away in
Beijing and forcibly disappeared on 9 November 2018. Arrested for supporting Jasic
workers. Not reachable.
- 17. Mr Liang Xiaogang: worker supporter, taken away in Shanghai and
forcibly disappeared on 9 November 2018.
- 18. Mr Tang Xiangwei: worker supporter, taken away by police in Wuhan
for supporting Jasic workers and forcibly disappeared on 11 November 2018. No further
information.
- 19. Mr Zheng Shiyou: worker supporter, taken away in Wuhan on 11
November 2018. Arrested for inciting subversion of state power. No indictment. Not
reachable.
- 20. Ms Zheng Yiran: graduate of Beijing Language and Culture
University, taken away in Beijing and forcibly disappeared on 9 November 2018. Arrested
for supporting Jasic workers. Not reachable.
- 21. Mr Lu Daxing: graduate of Nanjing University of Science and
Technology, taken away in Beijing and forcibly disappeared on 9 November 2018. Arrested
for supporting Jasic workers. Not reachable.
- 22. Ms Li Xiaoxian: graduate of Nanjing University of Chinese
Medicine, taken away in Beijing and forcibly disappeared on 9 November 2018. Arrested
for supporting Jasic workers. Not reachable.
- 23. Mr He Pengchao: graduate of Peking University, founder of
Qingying Dreamworks Social Worker Centre, taken away in Beijing and forcibly disappeared
on 9 November 2018. Arrested for inciting subversion of state power. No indictment. Not
reachable.
- 24. Ms Wang Xiangyi: graduate of Peking University, founder of
Qingying Dreamworks Social Worker Centre, taken away by police in Shenzhen and forcibly
disappeared on 9 November 2018. No further information.
- 25. Ms Jian Xiaowei: graduate of Renmin University, staff member of
Qingying Dreamworks Social Worker Centre, taken away by police in Shenzhen and forcibly
disappeared on 9 November 2018. No further information.
- 26. Ms Kang Yanyan: graduate of University of Science and Technology
Beijing, staff member of Qingying Dreamworks Social Worker Centre, taken away by police
in Shenzhen and forcibly disappeared on 9 November 2018. No further information.
- 27. Ms Hou Changshan: graduate of Beijing Foreign Studies University,
staff member of Qingying Dreamworks Social Worker Centre, taken away by police in
Shenzhen and forcibly disappeared on 9 November 2018. No further information.
- 28. Ms Wang Xiaomei: graduate of Nanjing University of Information
Science and Technology, staff member of Qingying Dreamworks Social Worker Centre, taken
away by police in Shenzhen and forcibly disappeared on 9 November 2018. No further
information.
- 29. Ms He Xiumei: supporter of Qingying Dreamworks Social Worker
Centre, taken away by police in Shenzhen and forcibly disappeared on 9 November 2018. No
further information.
- 30. Ms Zou Liping: local trade union staff member, detained in
Shenzhen on 9 November 2018, charged with “picking quarrels and provoking trouble”.
Taken away by police. Forcibly disappeared. No further information.
- 31. Mr Li Ao: local trade union staff member, detained in Shenzhen on
9 November 2018, charged with “picking quarrels and provoking trouble”. Taken away by
police. Forcibly disappeared. No further information.
Appendix II
Appendix IIAdditional list of individuals detained or disappeared as per the ITUC communication of 11 February 2020
- 1. Mr Jia Shijie: Peking University student, arrested on 23 September 2018 for supporting Jasic workers. Not reachable.
- 2. Mr Lan Zhiwei: worker, arrested on 2 January 2019 for supporting Jasic workers. Not reachable.
- 3. Ms Zhang Zeying: worker, arrested on 2 January 2019 for supporting Jasic workers. Not reachable.
- 4. Mr Zhan Zhenzhen: Peking University student, arrested on 2 January 2019 for supporting Jasic workers. Not reachable.
- 5. Mr Li Yuanzhu: worker, arrested on 3 January 2019 for supporting Jasic workers. Not reachable.
- 6. Mr Feng Junjie: Peking University student, arrested in January 2019 for supporting Jasic workers. Not reachable.
- 7. Mr. Wang Ji’ao: Renmin University canteen worker, arrested on 18 January 2019 for supporting Jasic workers. Not reachable.
- 8. Ms Li Ziyi: Peking University student, arrested on 21 January 2019 for supporting Jasic workers. Not reachable.
- 9. Mr Ma Shize: Peking University student, arrested on 21 January 2019 for supporting Jasic workers. Not reachable.
- 10. Mr Yan Zihao: Renmin University student, arrested on 21 January 2019 for supporting Jasic workers. Not reachable.
- 11. Mr Li Jiahao: graduate of Peking University, arrested on 21 January 2019 for supporting Jasic workers. Not reachable.
- 12. Mr Huang Yu: graduate of Peking University, arrested on 21 January 2019 for supporting Jasic workers. Not reachable.
- 13. Ms Sun Jiayan: Peking University student, arrested on 21 January 2019 for supporting Jasic workers. Not reachable.
- 14. Mr Zhang Ziwei: Peking University student, arrested on 21 January 2019 for supporting Jasic workers. Not reachable.
- 15. Ms Chen Ke Xin: Renmin University student, arrested on 21 January 2019 for supporting Jasic workers. Not reachable.
- 16. Mr Wu Jia Wei: graduate of Renmin University, arrested on 16 February 2019 for supporting Jasic workers. Not reachable.
