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
- 270. The Committee last examined this case (submitted in February 2016)
at its March 2022 meeting, when it presented an interim report to the Governing Body
[see 397th Report, paras 114–141, approved by the Governing Body at its 344th Session
(March 2022)].
- 271. The complainant sent additional observations and new allegations in
a communication dated 6 October 2022.
- 272. The Government forwarded its observations in communications dated 30
September and 11 October 2022.
- 273. 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- 274. At its March 2022 meeting, the Committee made the following
recommendations [see 397th Report, para. 141]:
- The Committee requests the
Government to clarify more specifically that Mr Meng’s identification documents have
been delivered to him, that he is no longer being prosecuted on the charges of
“picking quarrels and provoking trouble” and that he is no longer under any measure
of supervision by the authorities.
- (b) The Committee urges the Government to
transmit without further delay a copy of all relevant judicial decisions in cases of
Messrs Meng, Wu Lijie, Zhang Zhiyu, Jian Hui, Wu Guijun, He Yuancheng, Song Jiahui,
Yang Zhengjun, Wei Zhili, Ke Chengbing, Mi Jiuping, Liu Penghua, Yu Juncong and Li
Zhan.
- (c) The Committee once again requests the Government to provide
information on all steps taken to facilitate 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.
- (d) 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.
- (e) 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 outcome.
- (f)
The Committee recalls 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 and once again calls upon the Government to
ensure this right for all workers.
- (g) 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 to which it had referred and detailed
information on the alleged dismissals of Messrs Mi Jiuping, Li Zhan, Song Yiao,
Kuang Hengshu, Zhang Baoyan and Chang Zhongge.
- (h) 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, as set out in Appendix I, as well as criminal charges laid against some
and sanctions imposed.
- (i) The Committee requests the Government to confirm
that Lan Zhiwei, Zhang Zeying and Li Yanzhu (mentioned in Appendix II) have not been
arrested, detained or prosecuted for having supported Jasic workers.
- (j) The
Committee once again requests the complainant organization to furnish any additional
information it may have in relation to the persons referred to in the above
recommendations (h) and (i).
- (k) Recalling that such grave allegations as
examined in this case figure among the terms set out in paragraph 54 of the special
procedures for the examination in the International Labour Organization of
complaints alleging violations of freedom of association, the Committee expects the
Government to make additional efforts necessary to submit the remaining information
requested without further delay so that the Committee will have available to it all
necessary information to examine this case in full knowledge of the
facts.
- (l) The Committee invites the Government to accept a direct contacts
mission to understand better the situation on the ground and resolve any pending
matters.
B. The complainant’s additional allegations
B. The complainant’s additional allegations- 275. In its communication dated 6 October 2022, the ITUC indicates at the
outset that despite the Committee’s repeated requests, the Government of China has
failed to provide full information on the arrest, detention and prosecution of workers
and labour activists and that its own attempts at collecting this information have been
unsuccessful due to the high degree of fear of reprisals or retaliation and intimidation
among the concerned workers and activists, who are reluctant to share information or
details. The ITUC therefore considers that this case should be deemed serious and urgent
and requests the Committee to reiterate its previous invitation to the Government to
accept a direct contacts mission to understand better the situation on the ground and
resolve any pending matters.
- 276. According to the ITUC, there is a near complete absence of civic
space for independent public advocacy or collective labour actions in China, which is
exacerbated by digital surveillance and stringent restrictions on and suppression of
civil liberties and freedom of expression – including under the zero-COVID policy
applied throughout the country since 2020. The ITUC alleges that methods deployed by the
authorities consisting of resorting to public security crimes, forced disappearance,
arbitrary detention, surveillance, threats to prosecute labour activists and
intimidation of their family members remain the same and refers in this respect, to the
arrest of labour activist Mr Wang Jiangbing on 19 September 2021.
- 277. The ITUC explains that Mr Wang is an independent labour activist
advocating for workers’ rights in non-profit development and labour organizations in
China. In early 2018, he became the director of Guangzhou Tianhe District Peer Volunteer
Service Station – a non-profit labour organization that provides support services to
workers with occupational diseases, especially pneumoconiosis. Mr Wang has led research
on the conditions and needs of workers with pneumoconiosis, organized victimized workers
in Guangzhou and Shenzhen municipalities and community-based victim support networks and
provided paralegal services to injured and sick workers to make compensation claims.
Between 2018 and 2019, Mr Wang regularly organized health and psychological counselling
workshops for hundreds of workers and paid visits to patients in occupational disease
hospitals to distribute guidebooks on rights, rehabilitation and public services, as
well as health management for workers with pneumoconiosis. In 2019, before being forced
to quit the Service Station, Mr Wang was frequently visited and questioned by public
security officials who demanded details of his work and relations with other domestic
and foreign organizations. As of October 2020, due to the anti-COVID-19 measures in
place, such as the suspension of hospital visits and the tightened travel restrictions,
Mr Wang could only continue to organize workers with pneumoconiosis as an independent
labour activist online. On 19 September 2021, Mr Wang and his girlfriend, Ms Huang
Xueqin, were taken away by unidentified public security officers at Guangzhou airport at
3 p.m. while their apartment and personal belongings were searched. The public security
authorities summoned and interrogated around 40 people who, according to the CCTV
footage, had been involved in gatherings at the said apartment. They were asked to
provide details on Mr Wang’s activist networks, the content of discussions at the
gatherings, and to match the names and photos of participants. They were required to
unlock their mobile phones and their homes were also searched, with files from their
electronic devices being copied by police and public security officers. The ITUC further
alleges that on 20 September 2021, police officers went to Mr Wang’s hometown in
Tianshui City, Gansu Province to threaten his parents against talking about their son’s
situation. Between 28 and 30 September 2021, Mr Wang’s family members went to the
police, the public security authorities, and the Guangzhou City Prosecutor’s Office to
ask about their son’s whereabouts. On 30 September 2021, they were questioned by the
municipal public security authority, who informed them of Mr Wang’s official arrest
without providing information on the charges against him or his whereabouts. They were
again threatened against disclosing the details of the case or seeking public
assistance. On 21 October 2021, family members and their lawyer went to the Guangzhou
Public Security Bureau to request bail and a meeting with Mr Wang, but to no avail. On 5
November 2021, Mr Wang’s family received the arrest notice issued by the Guangzhou
Public Security Bureau stating that he had been arrested on 27 October 2021 on charges
of inciting subversion of state power under article 105 of the PRC Criminal Code, and
that he was still being held at Guangzhou Detention Centre No. 1. His lawyer was not
allowed to meet with Mr Wang on 19 November 2021 or to obtain a response to his bail
application. On 1 April 2022, Mr Wang’s lawyer was allowed to meet virtually with his
client. According to the lawyer, Mr Wang was held in solitary confinement for five
months in an unknown isolated location and was only transferred to Guangzhou Detention
Centre No. 1 on notice of arrest in March 2022. He was in poor health and suffered from
digestive problems, mental torment, and depression. To date, he has not been allowed to
meet with his family. On 21 July 2022, Mr Wang’s lawyer was informed during the meeting
with Mr Wang in detention that the prosecution had referred the case for further
investigation, while, pursuant to article 175 of the Criminal Procedure Law of the PRC,
the one-month deadline for such referral had been prescribed. The Prosecutor’s Office
has yet to make a decision and Mr Wang remains in pre-trial detention.
- 278. The ITUC indicates that, in May 2022, the UN Working Group on
Arbitrary Detention called on the Government to release Mr Wang, to provide compensation
for his deprivation of liberty, and to repeal article 105 of the PRC Criminal Code
(A/HRC/WGAD/2022/9). According to the ITUC, the Working Group considered that Wang’s
case is indicative of the systematic problem of arbitrary detention in China and called
on the Government to agree to a visit of the Working Group to the country.
C. The Government’s reply
C. The Government’s reply- 279. In its communications dated 30 September and 11 October 2022, the
Government indicates that it has continued to make the utmost effort to collect relevant
information in this case.
- 280. The Government provides the following information on the individual
cases:
- 281. The Government recalls that in December 2014, a labour dispute
erupted in Lide Shoe Factory in the Panyu District of the city of Guangzhou and
indicates in this regard that both the municipal and district level governments have
quickly intervened so as to mediate between the two parties and facilitated the
settlement of the dispute. No beating of workers happened, and the public security organ
received no reporting of, or dealt with, such cases.
- 282. The Government further provides information on the four allegedly
dismissed employees of the Shenzhen Jasic Technology Co. Ltd, namely Messrs Kuang
Hengshu, Zhang Baoyan, Chang Zhongge and Song Yiao. According to the Government, in July
2018, the former employees illegally gathered and forcibly entered the factory and
workshop, resulting in the disruption of the normal business and production order of the
company. On 28 July 2018, the Shenzhen public security organ imposed criminal detention
measures on them ipso jure on suspicion of disrupting public order and later substituted
it by the measures of obtaining a guarantor pending trial. In August 2019, the public
security organ lifted the detention measures on Messrs Kuang, Zhang and Chang after the
period for obtaining a guarantor pending trial expired, while in July 2019, it imposed
criminal detention measures on Mr Song ipso jure on suspicion of disturbing public
order. In December 2019, the detention imposed on Mr Song was replaced by a measure to
obtain a guarantor pending trial, which was lifted when it expired in December 2020. The
Government reiterates information on the role of the Jasic Technology Trade Union and
indicates that the trade union effectively plays its institutional role, dedicates its
efforts to enhancing capacity-building, and casts a solid foundation to perform its
duties and responsibilities. Its main work revolves around the organization of events
and meetings in which workers’ basic democratic rights and demands are discussed,
assessed, and answered. Over the past two years, the Union has received about 280
demands from workers, all of which have received feedback or have been followed-up
through coordination.
- 283. The Government concludes by reiterating that the constitution and
the laws of the country fully guarantee the freedom of association to the citizens and
provide strong legal safeguards for the workers to join and organize trade unions, but
points out that, like in any other nation, 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 rights under the premise of
safeguarding the social and public order and ensuring the legitimate rights of other
people and organizations. The Government indicates its willingness to maintain
communication with the ILO in this regard.
D. The Committee’s conclusions
D. The Committee’s conclusions- 284. 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.
- 285. The Committee recalls, in particular, that Mr Meng, one of the
advisers, sentenced to imprisonment on the above charges, had allegedly had his
identification documents withheld by the authorities following his release from prison.
The Committee further recalls that it had previously noted with concern the allegation
that Mr Meng was under police surveillance to prevent him from assuming his role as a
worker activist. The Committee notes that the Government reiterates its previous
indication that on 7 October 2019, the public security organ lifted the measure imposed
after the period of obtaining a guarantor pending trial expired. Noting the Government’s
indication that Mr Meng’s identity document was not seized, the Committee once again
requests the Government to confirm that Mr Meng is not being prosecuted on charges of
“picking quarrels and provoking trouble” and that he is no longer under any measure of
supervision by the authorities.
- 286. The Committee recalls that it had previously urged the Government to
transmit without further delay a copy of all relevant judicial decisions in the cases of
Messrs Meng, Wu Lijie (convicted of the crime of illegal business operation and
sentenced to three years’ imprisonment and a fine of 30,000 yuan renminbi on 13 November
2019), Zhang Zhiyu, Jian Hui, Wu Guijun, He Yuancheng, Song Jiahui (all five were
convicted of the crime of assembling crowds to disturb public order and sentenced to
various terms of probation on 24 April 2020), Yang Zhengjun, Wei Zhili, Ke Chengbing
(all three were tried on 24 April 2020 on suspicion of provocative offences and
sentenced to one year and six months of imprisonment with a three-year probation term),
Mi Jiuping, Liu Penghua, Yu Juncong and Li Zhan (all four were sentenced, in April 2019,
to one year and six months imprisonment with a three-year probation for the crime of
assembling crowds to disrupt public order). The Committee notes with deep regret that
the Government did not provide copies of the relevant judicial decisions. The Committee
recalls that in cases where the complainants alleged that trade union leaders or workers
had been arrested for trade union activities, and the governments replies amounted to
general denials of the allegation or were simply to the effect that the arrests were
made for subversive activities, for reasons of internal security or for common law
crimes, the Committee has always followed the rule that the governments concerned should
be requested to submit further and as precise information as possible concerning the
arrests, particularly in connection with the legal or judicial proceedings instituted as
a result thereof and the result of such proceedings, in order to be able to make a
proper examination of the allegations. The Committee recalls that in many cases, it has
asked the governments concerned to communicate the texts of any judgments that have been
delivered together with the grounds adduced therefor [see Compilation of decisions of
the Committee on Freedom of Association, sixth edition, 2018, paras 178 and 179].
Observing once again the general nature of the accusations against the above labour
activists as described by the Government, the Committee once again urges the Government
to transmit without further delay copies of the judicial decisions in the cases of
Messrs Meng, Wu Lijie, Zhang Zhiyu, Jian Hui, Wu Guijun, He Yuancheng, Song Jiahui, Yang
Zhengjun, Wei Zhili, Ke Chengbing, Mi Jiuping, Liu Penghua, Yu Juncong and Li Zhan.
- 287. Further in this connection, the Committee recalls that it had
previously 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 had noted the Government’s general observation that the Law on Assemblies,
Processions and Demonstrations was a special law that regulated 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 Committee observed that while some of the
specific requirements relating to demonstration 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), several others appeared quite broad in
nature and their implementation could give rise to a violation of freedom of
association. In particular, the Committee observed 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
considered that this geographical restriction placed by legislation on the right to
demonstrate is not in conformity with the freedom of peaceful assembly and requested the
Government to indicate all steps taken to facilitate 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.
The Committee had further recalled that the right of workers to establish organizations
of their own choosing implied, 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 and once again calls upon the Government to ensure this right
for all workers. The Committee regrets that once again the Government’s reply is limited
to the reiteration that the constitution and the laws of the country fully guarantee the
freedom of association to its citizens and provide strong legal safeguards for the
workers to join in and organize trade unions, but points out that like in any other
nation, the 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 under the premise of safeguarding the social and
public order and ensuring the legitimate rights of other people and organizations.
Noting the Government’s indication that it is willing to maintain communication with the
ILO in this regard, the Committee urges the Government to take all steps, with the
technical assistance of the Office, to facilitate constructive and inclusive dialogue
with the social partners with a view to ensuring complete respect for freedom of
association, including the right of workers to establish organizations of their own
choosing, which 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, and to ensure the right to peaceful demonstration for
workers and employers. It requests the Government to indicate all measures taken or
envisaged in this respect.
- 288. 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. Noting with regret the absence of any
information in this respect, the Committee is obliged to once again urge the Government
to transmit a copy of the investigation report to which it had previously referred.
- 289. The Committee recalls that it had previously requested the
Government to carry out an investigation into the allegations of beatings or injuries
suffered by workers and their representatives at the shoe factory. The Committee notes
the Government’s indication that in December 2014, a labour dispute erupted at the
factory, that both the municipal and district level governments quickly intervened so as
to mediate between the two parties, and that they facilitated the settlement of the
dispute; no beating of workers happened, and the public security organ received no
reporting of, or dealt with, such cases.
- 290. With regard to its previous recommendation regarding the dismissal
of workers of the technology company, the Committee notes with regret that the
Government provides no information regarding the alleged dismissals of Messrs Mi
Jiuping, Li Zhan, Song Yiao, Kuang Hengshu, Zhang Baoyan and Chang Zhongge and that
instead, it reiterates the information on measures pending trial imposed on Messrs Li
Zhan, Song Yiao, Kuang Hengshu, Zhang Baoyan and Chang Zhongge by the public security
body on suspicion of disrupting public order. The Committee recalls that it had
previously noted the Government’s indication that following investigations it was
ascertained that two other workers, Messrs Liu and Yu, were dismissed for fighting with
their colleagues and absenteeism, respectively, and that the civil case of Mr Yu’s
dismissal was suspended due to him being involved in a pending criminal case. The
Committee requested the Government to provide a copy of the report on the outcome of the
investigation and recalled that adequate protection against all acts of anti-union
discrimination in respect of employment, such as dismissal, demotion, transfer or other
prejudicial measures is fundamental to the principle of freedom of association (see
Report No. 389, June 2019, para. 259). The Committee regrets that the Government
provides no information regarding measures taken to ensure adequate protection against
anti-union discrimination in law and in practice. In light of the above, the Committee
urges the Government to provide information on all measures taken or envisaged to ensure
adequate protection against anti-union discrimination in law and in practice, to provide
a copy of the report on the outcome of the above-mentioned investigation (cases of
Messrs Liu and Yu) and detailed information on the alleged dismissals of Messrs Mi
Jiuping, Li Zhan, Song Yiao, Kuang Hengshu, Zhang Baoyan and Chang Zhongge.
- 291. The Committee once again observes with deep regret that no
information has been provided by the Government in relation to the whereabouts, charges,
judgments, or convictions of any of those individuals mentioned in Appendix I, as
previously requested. The Committee finds itself bound to once again 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. The
Committee notes the information provided by the Government regarding Ms Zhang Zeying and
Messrs Lan Zhiwei and Li Yuanzhu, the three workers whose names were mentioned in
Appendix II (list of individuals detained or disappeared submitted by the ITUC in its
communication dated 11 February 2020), and, in particular, of the Government’s
indication that security measures against them have expired and that they there are
leading a normal life. The Committee requests the Government to provide information
regarding Mr Wang Ji’ao, mentioned in Appendix II.
- 292. The Committee notes the ITUC allegation of a near complete absence
of civic space for independent public advocacy or collective labour actions in China,
which is exacerbated by digital surveillance and stringent restrictions on suppression
of civil liberties and freedom of expression – including under the zero-COVID policy
applied all over the country since 2020. The ITUC alleges that methods deployed by the
authorities consisting of resorting to national and public security crimes, forced
disappearance, arbitrary detention, surveillance, threats to prosecute labour activists
and intimidation of their family members remain the same and refers in this respect, to
the arrest of labour activist Mr Wang Jiangbing and Ms Hiang Xueqin on 19 September
2021. The Committee notes that according to the ITUC, Mr Wang Jiangbing, is a labour
activist advocating for workers’ rights, including in labour organizations. The
Committee recalls that it has been examining this case against the background of
significant legislative obstacles to the full guarantee of freedom of association in the
country [see Report No. 380, para. 233], where in the absence of free and independent
workers’ organizations, the representation of workers and their organization for
furthering and defending their rights and interests is carried out by independent labour
advisors. The detention of Mr Wang Jianging is therefore being examined in respect of
his role as a labour activist, being a necessary form for freely chosen representation
in a context where independent trade unions cannot exist.
- 293. The Committee regrets that the Government has provided no
observations regarding the arrest of the labour activist. The Committee takes note of
Opinion No. 9/2022 concerning Mr Wang Jianbing adopted on 31 March 2022 by the Working
Group on Arbitrary Detention of the Human Rights Council at its 93rd session, 30 March–8
April 2022. It notes, in particular, that the Working Group concluded that the detention
of Mr Wang Jiangbing was arbitrary and lacked a legal basis; that Mr Wang’s arrest and
detention resulted from the exercise of the rights and freedoms guaranteed by articles
18 (freedom of thought), 19 (freedom of opinion and expression) and 20 (freedom of
peaceful assembly and association) of the Universal Declaration of Human Rights; that Mr
Wang’s right to legal assistance was denied and his right to a fair trial was violated;
and that the arrest and detention was thus arbitrary. The Working Group was “disturbed
by the uncontested allegations that Mr Wang continues to be held incommunicado and that
all contact with his family has been denied”. The Committee notes that in its
Disposition:
- 294. In view of the arbitrary nature of Mr Wang’s detention for allegedly
advocating for workers’ rights in an environment where, as previously concluded by the
Committee, the exercise of freedom of association is severely restricted in law and in
practice, and in view of the absence of any information on the part of the Government,
the Committee urges the Government to ensure the immediate release of this labour
activist and to provide detailed observations on the ITUC allegations, including on the
situation of Ms Hiang Xueqin.
- 295. The Committee notes the complainant’s indication that its own
attempts at collecting information in this case have been unsuccessful due to the high
degree of fear of reprisals or retaliation and intimidation among the concerned workers
and activists, who are reluctant to share information or details. The ITUC therefore
considers that this case should be deemed as serious and urgent and requests the
Committee to reiterate its previous invitation to the Government to accept a direct
contacts mission to understand better the situation on the ground and resolve any
pending matters.
- 296. The Committee had previously recalled that such grave allegations as
examined in this case figure among the terms set out in paragraph 54 of the special
procedures for the examination in the International Labour Organization of complaints
alleging violations of freedom of association. The Committee expresses its concern that
the facts of this case, under examination since October 2016, indicate a systemic
problem which has been seen to have had an impact on workers’ freedom of association by
virtue of the numerous persons arrested, disappeared, and intimidated for having tried
to defend workers’ collective interests and for whom the Government has consistently
failed to provide the detailed information requested by the Committee, including as to
whether charges are still pending against any of the labour activists and on the steps
taken to ensure complete respect for freedom of association. In light of the persistent
failure by the Government to provide detailed information on the above and to take steps
to address the Committee’s longstanding recommendations, the Committee finds itself
obliged to draw the Governing Body’s attention to the serious and urgent nature of this
case. The Committee expects the Government to make additional efforts necessary to
submit the remaining information requested without further delay so that the Committee
will have available to it all necessary information to examine this case in full
knowledge of the facts and once again invites the Government to accept a direct contacts
mission to understand better the situation on the ground and resolve any pending
matters.
The Committee’s recommendations
The Committee’s recommendations- 297. In the light of its foregoing interim conclusions, the Committee
invites the Governing Body to approve the following:
- (a) The Committee once again
requests the Government to confirm Mr Meng is not being prosecuted on charges of
“picking quarrels and provoking trouble” and that he is no longer under any measure
of supervision by the authorities.
- (b) The Committee once again urges the
Government to transmit without further delay copies of judicial decisions in the
cases of Messrs Meng, Wu Lijie, Zhang Zhiyu, Jian Hui, Wu Guijun, He Yuancheng, Song
Jiahui, Yang Zhengjun, Wei Zhili, Ke Chengbing, Mi Jiuping, Liu Penghua, Yu Juncong
and Li Zhan.
- (c) The Committee urges the Government to take all steps, with
the technical assistance of the Office, to facilitate constructive and inclusive
dialogue with the social partners with a view to ensuring complete respect for
freedom of association, including the right of workers to establish organizations of
their own choosing, 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, and to ensure the right to peaceful
demonstration for workers and employers. It requests the Government to indicate all
measures taken or envisaged in this respect.
- (d) 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.
- (e) The Committee urges the Government to provide information on
all measures taken or envisaged to ensure adequate protection against anti-union
discrimination in law and in practice, to provide a copy of the report on the
outcome of the above-mentioned investigation (cases of Messrs Liu and Yu) and
detailed information on the alleged dismissals of Messrs Mi Jiuping, Li Zhan, Song
Yiao, Kuang Hengshu, Zhang Baoyan and Chang Zhongge.
- (f) 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, as set out in Appendix I, as well as criminal charges laid against some
and sanctions imposed. The Committee requests the Government to provide information
regarding Mr Wang Ji’ao, mentioned in Appendix II.
- (g) In view of the
arbitrary nature of Mr Wang’s detention for allegedly advocating for workers’ rights
in an environment where, as previously concluded by the Committee, the exercise of
freedom of association is severely restricted in law and in practice, and in view of
the absence of any information on the part of the Government, the Committee urges
the Government to ensure the immediate release of this labour activist and to
provide detailed observations on the ITUC allegations, including on the situation of
Ms Hiang Xueqin.
- (h) The Committee expects the Government to make additional
efforts necessary to submit the remaining information requested without further
delay so that the Committee will have available to it all necessary information to
examine this case in full knowledge of the facts and once again invites the
Government to accept a direct contacts mission to understand better the situation on
the ground and resolve any pending matters.
- (i) The Committee expresses its
concern that the facts of this case, under examination since October 2016, indicate
a systemic problem which has been seen to have had an impact on workers’ freedom of
association by virtue of the numerous persons arrested, disappeared, and intimidated
for having tried to defend workers’ collective interests and for whom the Government
has consistently failed to provide the detailed information requested by the
Committee, including as to whether charges are still pending against any of the
labour activists and on the steps taken to ensure complete respect for freedom of
association In light of the persistent failure by the Government to provide detailed
information on the above and to take steps to address the Committee’s longstanding
recommendations, the Committee finds itself obliged to draw the Governing Body’s
attention to the serious and urgent nature of this case.
Appendix I
Appendix I- 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 2018 that he had been beaten. Further requests to meet with his lawyer have
been denied. Not reachable.
- 4. Mr Li Zhan: former 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 his 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 II- 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.
