Interim Report - Report No 279, November 1991

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

1. 586. The Committee has examined this case on three previous occasions, at its November 1989, February 1990 and November 1990 meetings. (See 268th Report, paras. 668 to 701, 270th Report, paras. 287 to 334, and 275th Report, paras. 323 to 363, approved by the Governing Body at its 244th, 245th and 248th Sessions, respectively.)
2. 587. Since the Committee last examined this case, the Government has sent observations in communications of 20 May and 18 October 1991, and the ICFTU has sent additional information in a communication of 14 June 1991.
3. 588. China has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examinations of the case

1. 589. The allegations presented by the ICFTU in June 1989 stemmed from the measures taken by the authorities against the Workers' Autonomous Federations (WAFs), organisations created in several Chinese provinces, their leaders and workers; the banning of the functioning of these organisations; the death of a number of leaders following an attack by the army; the sentencing to death and execution of workers; and arrests. In support of its allegations the ICFTU had supplied a long list of workers said to have been arrested or executed, which the Committee annexed to its May and November 1990 reports.
2. 590. In its replies, the Government had emphasised the illegal character of the WAFs, in that they had not observed the registration procedure prescribed by the legislation. In this connection, the Committee stressed that it was not its intention to consider as inconsistent with the principles of freedom of association all registration procedures, which in fact exist in many countries. Nevertheless, while it is true that the founders of a trade union ought to respect the formalities set out in the legislation, these formalities should not be such as to jeopardise the freedom to organise. In the present case, the Government itself, in its reply of January 1990, had stated that one of the fundamental principles of the Chinese Constitution was the leading role of the Communist Party and that the registration of organisations engaging in reactionary conduct should be cancelled and the organisations banned. In the light of these factors, the Committee considered that the registration procedure prescribed by Chinese legislation was more than a mere formality and, in practice, amounted to a kind of prior authorisation by the authorities, which was contrary to the principles of freedom of association. On this point, the Committee referred to the opinion expressed by the Committee of Experts on the Application of Conventions and Recommendations in its General Survey of 1983 (see Freedom of Association and Collective Bargaining, para. 115) according to which the administrative authorities should not be able to refuse registration of an organisation simply because they consider that the organisation could exceed normal union activities or that it might not be able to exercise its functions. Such a system would be tantamount to subjecting the compulsory registration of trade unions to the previous authorisation of the administrative authorities.
3. 591. In view of the requirements laid down for the registration of trade union organisations, the Committee understood that the WAFs were unable to apply for registration, for under the Chinese legislation such an application was bound to be rejected, as implied by the Government itself in its communication of January 1990 which stated that "the fact of setting up the WAF itself violated Notice No. 136 issued by the Beijing Municipal Government". The Committee recalled that it had examined the provisions of the statutes of the Beijing WAF, the text of which had been supplied by the ICFTU, and the nature of its grievances, and that, on that basis, it considered that these were in keeping with the normal activities of a workers' organisation promoting and defending the interests of its members. None of the elements contained in the Government's latest reply persuaded the Committee to change its opinion on this point. In addition, the Committee noted that, according to the information supplied by the Government itself, the WAFs were set up in numerous Chinese provinces and they could not therefore be considered as a spontaneous "small group". Accordingly, it reiterated that the right of workers to establish organisations of their own choosing implies, in particular, the effective possibility of setting up, in a climate of complete security, organisations independent both of any existing organisations and of any political party. Consequently, the Committee once again requested the Government to take the necessary measures to ensure that the workers' right to establish organisations of their own choosing and these organisations' rights to function freely are guaranteed both in law and in practice.
4. 592. As regards the factual aspects of the case, the Committee noted that the Government had provided information concerning some of the persons said by the ICFTU to have been executed or arrested. These particulars, however, concerned only 91 persons out of the 130 or so expressly mentioned by name by the complainant organisation.
5. 593. According to the information provided by the Government, some of the workers (24) mentioned by the complainant as being in custody had not been arrested and their cases had not come before the judicial authorities. Thirty others who had not committed any offences or who had committed only minor offences or who had shown "remorse" had their penalties remitted or had been released after a period of re-education. Lastly, the Government communicated information on 37 persons sentenced by the courts, including nine sentenced to death and six to life imprisonment, for offences of arson, looting, sabotage of transport, murder and, more generally, breaches of the public peace.
6. 594. While noting that, for the first time, the Government had given substantial information about a large number of persons referred to by name in the complaint, the Committee expressed its profound concern at the extreme severity of the sentences handed down against workers whose actions - according to the complainant - occurred in the context of participating in the establishment of independent organisations. The Committee emphasised that, in a situation in which workers' organisations consider that they do not enjoy the freedoms essential for the performance of their functions, they would be justified in claiming the recognition of these freedoms and that such claims ought to be regarded as consistent with legitimate trade union action.
7. 595. The Committee was particularly disturbed to note the nine death sentences reported by the Government. The Government did not state whether the persons sentenced to death had been executed or not (it mentioned only a two-year stay of execution in the case of one of the workers, Luan Jikui). If these sentences had not yet been carried out, the Committee urged the Government to stay the executions and to reconsider the cases of these persons. The Committee requested the Government to supply information in this respect.
8. 596. As regards the sentences of imprisonment, the Committee gathered from the Government's reply that these sentences had already been upheld on appeal, which implied that these decisions were pronounced with a rapidity that threw serious doubt on the respect of the normal judicial guarantees in the proceedings. In view of all these factors and of the severity of the convictions, the Committee also requested the Government to reconsider these cases and to keep it informed of any action taken on this request.
9. 597. The Committee observed moreover that the Government had not provided any information on a number of persons said by the ICFTU to have been executed or arrested. The Committee requested the Government to provide particulars of these cases (reasons for arrest, proceedings instituted, if any, and present situation of the persons concerned).
10. 598. Nor had the Government reacted to the Committee's request, made at its previous session, for information on the conviction of workers from Changchun, seven of whom had been sent to re-education-through-labour camps. The Committee therefore reiterated its request to the Government to supply precise information about the reasons, nature and objectives of the re-education-through-labour measures to which some trade unionists had been subjected.
11. 599. The Committee noted furthermore that, while the Government had provided some information about two leaders of the Beijing WAF - Hang Dongfang and Liu Qiang - it had not stated whether these persons had been convicted, nor had it answered the allegations concerning the ill-treatment which they were said to have suffered. The Committee asked the Government for its observations on this.
12. 600. So far as the events in Tiananmen Square were concerned, the Committee noted that the complainant organisation's allegations and the Government's reply were totally contradictory. According to the ICFTU, on the one hand, many of the WAF's representatives were reportedly killed when the army took the Square by assault in the night from 3 to 4 June 1989. The Government, on the other hand, contended that nobody died when the Square was cleared. In view of these totally conflicting statements, the Committee was unable, from the information at its disposal, to draw any conclusions on this aspect of the case. Accordingly, it asked the complainant organisation to provide details of the identity of the persons said to have been killed on that occasion.
13. 601. At its November 1990 Session, the Governing Body approved the following recommendations:
    • (a) The Committee re-emphasises that the right of workers to establish organisations of their own choosing implies, in particular, the effective possibility of forming, in a climate of complete security, organisations independent both of existing organisations and of any political party. It requests the Government to take the measures necessary to ensure that this right and the rights of these organisations to function freely are guaranteed both in law and in practice.
    • (b) The Committee expresses its deep concern at the extreme severity of the sentences handed down against workers.
    • (c) Being particularly disturbed about the nine death sentences reported by the Government, the Committee urges the Government to stay these executions - if the sentences have not yet been carried out - and to reconsider the cases of the persons concerned. The Committee asks the Government for information in this respect.
    • (d) The Committee further requests the Government to reconsider the cases in which workers have been sentenced to imprisonment and to keep it informed of any action taken on this request.
    • (e) The Committee requests the Government to supply information on the persons mentioned in the Annex hereto, concerning whom it has not yet given a reply (reasons for arrest, proceedings instituted, if any, and present situation of the persons concerned).
    • (f) The Committee repeats its request that the Government provide full details on the specific events which led to the conviction of the workers of Changchun, seven of whom have been sent to re-education-through-labour camps. It also again requests the Government to provide information on the reasons, nature and objectives of the re-education-through-labour measures to which some trade unionists are subjected.
    • (g) The Committee asks the Government to supply its observations on the allegations of ill-treatment which two leaders of the Beijing WAF - Hang Dongfang and Liu Qiang - are said to have suffered, and asks for information on the present circumstances of these persons.
    • (h) Having regard to the total contradiction between the complainant organisation's allegations and the Government's reply concerning the events surrounding the clearing of Tiananmen Square, the Committee requests the ICFTU to provide details of the identity of the persons said to have been killed on that occasion.

B. The Government's reply

1. 602. In its communication of 20 May 1991 the Government recalls that it has made every effort to settle this case reasonably within the framework of the ILO Constitution. Nevertheless, the Committee on Freedom of Association has continued to interfere in the internal affairs of China and has groundlessly accused the Chinese Government. The Government deeply regrets this, but supplies some supplementary information to clarify the facts again. It hopes that these comments could be taken seriously into account so that this case may be closed as soon as possible.
2. 603. The Government has already elaborated on the illegal character of the WAFs in its earlier replies. It regrets that the Committee has failed to give serious consideration to the facts submitted by the Government, but reached conclusions which are contrary to reality. The creation of the illegal organisation WAF coincided with the advent of political chaos in China in 1989; subsequently, the organisation faded away owing to its direct involvement in violent activities against the Government. The WAF seriously violated criminal law because its aim was to overthrow the legitimate Government by unlawful violent means. Hence the illegal character of the WAF is not something decided arbitrarily, but is the result of its own conduct. In the Government's opinion, to state that the WAF is a legal organisation by accepting its claim that it is "striving for workers' rights", while overlooking or deliberately ignoring its undeniable illegal objectives and its many criminal activities, is not only irresponsible, but also suggests the existence of ulterior motives. In particular, a large number of persons mentioned by the ICFTU did not even participate in the WAF. They were merely a handful of criminals who exploited a riot to engage in violence, looting and theft. It is difficult to understand how an important international organisation and an influential international trade union can insist repeatedly that these persons are trade union activists.
3. 604. In its previous reply the Government had stated that no WAF or similar organisation had been created in Changchun. The seven persons sent to labour education camps in June 1989 were those who had engaged in illegal activities during the period of turmoil. They had committed such crimes as disturbing the peace, blocking traffic, hindering public affairs, destroying public property and extorting money under the pretence that they were public security agents. These persons did not belong to any organisation and were not engaged in any trade union activity. Thus, to call these persons "trade union activists" is inconsistent with the facts.
4. 605. Under the State's relevant administrative regulations, the education-through-labour programme is aimed at persons over 16 years of age who live in large and medium-sized cities, who are not subject to criminal sanctions or who are spared these sanctions, but disturb the peace and refuse to mend their ways in spite of repeated warnings, or who commit petty crimes (mainly theft, fraud, indecent behaviour, fighting, etc.). The objective of education-through-labour is to educate, to bring about a change in and to redeem persons who have committed such crimes. This education plays a role in the maintenance of social order and prevents crimes by educating those who are about to commit offences, in an effort to discourage the pursuit of illegal activities and crime. Education-through-labour is an effective measure, suited to the situation in China, pertinent to its social needs and beneficial in maintaining social stability.
5. 606. Several times the Government has described the principles on the basis of which it has taken measures against WAF members and other criminals. In the light of the facts and in accordance with the law, this policy aims at applying sanctions against a handful of criminals who have committed serious offences and to re-educate those who have been found guilty of lesser crimes. It has been shown that the majority of persons who participated in the riots and disturbances were released by the judicial authorities without investigation into their criminal responsibility. Only a small minority of criminals was punished in accordance with the law.
6. 607. In addition, the Government provides information on the following persons: Li Weidong, Ho Lili, of Beijing; Zhou Shao Wu, of Shanghai; Yang Yongmin of the province of Jiangsu; Zhu Huiming, Li Huling, of Nangjing; An Baojin, Liu Congshu, of the province of Shaanxi, were released following their re-education or absolved of criminal responsibility by the courts. In Beijing, Tian Bomin was sentenced to five years' imprisonment for larceny and fraud; Guo Yaxiong to three years' imprisonment for disrupting traffic. In Shanghai, Zhang Qiwang, Wang Hong, Weng Zhengmin were sentenced, respectively, to prison terms of three years, one-and-a-half years and three years for disturbing the peace, and Cai Chaojung to four years' imprisonment for disrupting traffic. In Nangjing, Rui Tonghu was sentenced to three years' imprisonment for disturbing the peace. In the province of Jiangsu, Du Weng was sentenced to three years' imprisonment for disturbing the public order. In the province of Shaanxi, Li Guiren was sentenced to three years' imprisonment for disturbing the peace. In the province of Shandong, Lui Yubin and Che Honglian were sentenced, respectively, to three years' and two years' imprisonment for disrupting traffic. In Changsha, He Zhaohui, Li Jian, Lui Xingqi, Yang Xiong and Zhang Xudong were sentenced, respectively, to four years', three years', three years', four years' and four years' imprisonment for disturbing the peace. Hang Dongfang of Beijing was released on bail pending his trial. There are absolutely no grounds for alleging that he was mistreated. Chen Yinshan, Zhao Endong, Zheng Chuanli, Zhu Wenli, Dian Hanwu, Jiao Zhijin, Shao Lianchen, Hao Jinguang and Yan Quingzhong were never brought to court. The information concerning Quian Yunin, Xiao Bin, Lu Zhongshu, Gao Jingtang, Zhu Guanghua and Li Xiaohu was furnished by the Government in 1990.

C. Additional information furnished by the ICFTU

1. 608. In its communication of 14 June 1991, concerning the status of the WAFs, the ICFTU states that the scanty information furnished by the Government is inaccurate. In particular, the ICFTU states that the Government's claim that the WAF in Beijing never requested its registration is completely unfounded. In a sworn statement, Mr. Zhao Hongligang, a member of the WAF, stated that five representatives of this organisation went to the Government to apply for the organisation's registration, but the various departments kept refusing the application under various pretexts. Finally, the application was turned down on the ground that "it was a time of stringency".
2. 609. The ICFTU considers that the WAF's statutes as well as its activities flagrantly contradict the Government's claims that the WAF was a small group of criminals. The ICFTU emphasises that the Beijing WAF publicly announced all its activities from a radio station set up in Tiananmen Square, and that at no time did any of its leaders incite the crowd to violence. There were two appeals for a general strike, one on 20 May which was later adjourned, and the other on 3 June when it was learned that the People's Liberation Army had begun to use violence against unarmed civilians. Even in these dramatic circumstances, Hang Dongfang, a leader of the WAF, appealed for calm and non-violence.
3. 610. As regards the events of 3 and 4 June 1989 and the violent deaths which ensued, the ICFTU considers that the Government's statement, according to which there were no fatalities during the evacuation of Tiananmen Square, refers only to a very brief period, namely the daybreak of 4 June, during which a number of students and civilians retreated peacefully from the Monument of the People's Heroes, after their leaders had negotiated an agreement with the army officers. However, such was not the case for the rest of the Square and other parts of Beijing. The reports of human rights organisations, supported by eyewitness accounts and photographs, show that there were at least 1,000 victims, while a source based in Hong Kong estimated that the victims may have numbered as many as 8,000.
4. 611. The ICFTU is not in a position to identify the leaders and members of the WAF who were killed for two reasons. Firstly, a number of human rights organisations consider that the fact of revealing the identity of these persons would endanger their relatives and expose them to reprisals; and secondly, the army's brutal intervention prevented members of the WAF who survived from identifying their colleagues who had been killed. In this connection the ICFTU cites the testimony of witnesses. It considers undisputable the fact that many persons were killed, most of them by gunfire, bayonets or crushed by military armed vehicles. These facts were confirmed by foreign press crews and photographs provide graphic evidence.
5. 612. As regards judicial procedures, the ICFTU emphasises that many sources, including official publications of the People's Republic of China and the statements of government officials, establish, beyond the shadow of a doubt, that the political and judiciary authorities disregarded the rules of due legal process. It adds that, according to Asia Watch, workers represented roughly 66 per cent of those arrested during these events. The ICFTU considers that the Government failed to comply with legal provisions concerning arrest and investigation, that workers were tortured in order to obtain evidence, that their right to defence was violated and that the sentences pronounced against them were not the result of standard judicial proceedings, but were determined in advance by the political authorities, and notably the Communist Party. In this connection the ICFTU refers to a statement made by the President of the Supreme People's Court, according to which the courts are expected to exercise their power under the leadership of the Party.
6. 613. The ICFTU also mentions studies by legal experts and other statements to the effect that the rights to defence were not respected and that prisoners were subjected to violence. In particular, according to Asia Watch, a number of persons were convicted by the public security organs (the police) without the benefit of any court appearance or hearing. Persons may be sentenced without a trial to as much as three years of so-called "labour re-education", a euphemism for forced labour during a period of arbitrary detention. Another example of administrative detention without trial is the widespread practice according to which the police, acting on its own authority and without judicial control, holds suspects for months at a time in conditions similar to or worse than those of common criminals.
7. 614. According to the ICFTU, China does not respect the principle according to which the accused is presumed innocent until proven guilty. A common inscription found on the walls of police stations in China reads: "Lenience to those who confess, severity to those who resist." In fact, according to the ICFTU, the main feature of the judicial process in China is contained in the principle known as "verdict first, trial second". Even when given access to legal counsel, a defendant has no reason to expect that the lawyer will be able to defend him normally. Furthermore, some reports suggest that "political" cases - including those against independent labour activists - are routinely allocated to lawyers who are senior members of the Communist Party. Likewise, the right of appeal is often denied in practice because it is considered a "counter-productive gesture" by justice officials. The ICFTU emphasises that the sentences handed down immediately after the 1989 events were often rendered during trials held at public rallies, and death sentences carried out within days of the initial arrest (for example, four days in Shanghai). One of the men charged with having set fire to a train in Shanghai was said to be mentally retarded. The television broadcast of the trial showed that he appeared not to understand what was going on. He was nevertheless sentenced to death and executed. According to the ICFTU, all of these elements cast profound doubts on the Government's contention that the trials were conducted and judgements handed down in strict conformity with the procedure prescribed by the law.
8. 615. The ICFTU considers that the evidence used in these proceedings was mostly obtained by torture. In this connection the organisation cites a report of Amnesty International which describes the methods of torture used in China, as well as a report of the State Prosecutor to the National People's Congress in April 1991, which stated that investigations covering the previous year had uncovered 472 cases of confessions extracted by torture, more than 3,500 cases of unlawful detention and 461 cases of false charges.
9. 616. The ICFTU considers that much of the information furnished by the Government on the situation of persons mentioned in the complaint is inaccurate. According to the Government, 24 of these persons were not arrested. The ICFTU supplies additional information on 19 of them (see Annex). All were arrested and many of them were condemned. Most of this information was published by the Chinese press itself. The ICFTU also furnishes information on 74 persons, in particular on almost all of those arrested with respect to whom the Government has failed to provide a reply (see Annex). According to the ICFTU, these lists represent only a fraction of the independent trade union activists who have been arrested. Human rights organisations have identified over 1,000 persons who were arrested following the events of May-June 1989, most of whom are workers.
10. 617. The ICFTU also states that a number of trade union activists arrested since 1989 have been sent to forced labour camps. The ICFTU expresses its utmost concern over the fact that, according to Asia Watch, certain persons mentioned in the complaint are being detained in these conditions (for example, Rui Tonghu, Zhu Huining and Li Huling, members of the Nanjing WAF, held in the province of Jiangsu). Still according to the Asia Watch report, it is a common practice for the prisoners in these labour camps to be held indefinitely as workers, even after they have completed their sentences. This policy is commonly applied to "unrepentant" prisoners, including political prisoners.
11. 618. In conclusion, citing declarations and statements published in China itself, the ICFTU considers that the repression primarily targeted workers, and among them, independent trade union activists. The ICFTU requests the Committee to bring pressure to bear against the Government to obtain the immediate and unconditional release of workers and trade union activists or, failing that, to obtain correct and full information on their whereabouts, their legal situation and the respect of their rights. Lastly, the ICFTU would welcome the Government's authorisation for an independent and unhindered verification of all information furnished; such a gesture would show that the Government wishes to abide by internationally recognised standards on human rights and trade union rights.

D. Complementary reply of the Government

1. 619. In its communication of 18 October 1991, the Government firstly expresses its deep regret concerning the new communication of the ICFTU which, according to it, constitutes a new interference in the internal affairs of China under the pretext of freedom of association. The Government considers that these new allegations contain false information. However, since it sincerely wishes to cooperate with the ILO and to throw additional light on this matter, the Government provides its comments.
2. 620. As regards the registration request by the Beijing WAF, the Government indicates that the Ministry of Labour made an inquiry with the various departments concerned but that there is absolutely no record of a registration request by this so-called organisation. In any event, according to the Government, its creation was in itself an unlawful act during the period of turmoil and after the proclamation of martial law.
3. 621. Concerning the death sentences, the Government indicates that the persons in question have been executed, according to the law. These persons who had committed serious crimes, murders and arson, have been duly punished, which was necessary to preserve social order and the interest of the people.
4. 622. As regards the events on Tiananmen Square, the Government mentions that the Beijing municipality made a thorough and responsible inquiry. The mayor of Beijing, Mr. Chen Xitong, has presented the official report at a plenary session of the People's National Assembly. The Government stresses three elements in this respect: (1) during the evacuation of Tiananmen Square at daybreak on 4 June 1989, nobody died since the evacuation was done in an orderly way; any other subjective assertion could not be true; (2) during the struggle against the rebellion, no leader of the Beijing WAF died; they are all alive today; (3) it is ludicrous to assert that the WAF did not participate in the rebellion: it had publicly stated that it wanted to overthrow the Government, it had organised actions to surround the seat of the Government, it had rallied thousands of persons to attack the police headquarters and the Ministry of Public Security, it had participated in conspiracies with a view to undermining the state of siege and blocking military vehicles. According to the Government, these few facts are sufficient to establish that the WAF is in fact an illegal organisation set on provoking turmoil and rebellion, and that it is absolutely not a legal trade union organisation. However, only those members of the WAF which had really violated the criminal law have been judged by the courts; the other workers which had been led into the events have not been committed to trial.
5. 623. As regards the allegations concerning the procedure, which it qualifies as being slanderous, the Government indicates that under the Act on criminal procedure, all accused have the right to be defended and to have a legal counsel appointed by the court if they have not already chosen one. The Government mentions that the tribunals of all jurisdictions have strictly complied with these provisions during the trials of the criminals who had taken part in the rebellion, thus giving them the possibility fully to exercise their right to defence. For instance, during the examination of the case of Hang Dongfang, one of the main leaders of the Beijing WAF, the People's Court of Appeal of Beijing listened carefully to the defence of the accused and the pleadings of his lawyer, compared them with the information collected and concluded that while he had participated in the rebellion, he had not committed serious infractions. Therefore he was released.
6. 624. Quoting the relevant provision of the Act on criminal procedure, the Government indicates that the right of appeal exists in Chinese legal procedure, and that this right has been strictly enforced during the trials. The Government gives examples of cases where this procedure has been applied and where sentences have been reduced, and even cancelled, by the appellate jurisdiction; for instance, the Court of Appeal found Lu Zhongshu not guilty, and reduced the death sentence previously imposed on Wang Lianxi to life imprisonment.
7. 625. According to the Government, the courts now have almost completed the trials of the persons involved in the rebellion who had violated the law. The legal procedure has been duly applied, according to the facts and the law, within the policy linking punishment and clemency. The objective is to "save" all those who can be "saved". Therefore, each case has been examined in a thoroughly responsible fashion: on the one hand, it is important to expose all criminal deeds; on the other hand, the Government attaches importance to a patient education process, which allows sufficient time so that the persons in question may realise their past mistakes. All those who had committed minor crimes have now benefited from various clemency measures after a period of education. Proceedings have been launched only against a small number of criminals who had committed serious violations of the criminal law.
8. 626. In addition, the Government provides information on the new persons from the Beijing area, mentioned in the last communication sent by the ICFTU. The following persons have been declared innocent of all criminal liability and released: Liu Qiang, main leader of the Beijing WAF; Zhu Liani; Zhou Yongun; Li Jinjin, legal adviser of the WAF; Quian Yunin, questioned by police around the end of May 1989, but not arrested. The following persons were found guilty and sentenced: Li Bing, seven years' imprisonment for serious crimes of participation in rebellion and destruction of military vehicles; Liu Zihou, eight years' imprisonment for serious crimes of participation in rebellion, arson and street-blocking; Zhong Zhenhai, eight years' imprisonment for hijacking. Wang Hang Wu has been sentenced to death in view of the seriousness of his crimes of participation in rebellion and setting fire to military vehicles; he had been executed on 22 June 1989. He Qunyin has not been identified.
9. 627. The Government indicates that certain persons allegedly arrested were never prosecuted. Following the new communication of the ICFTU, the Government made further inquiries which confirmed previous conclusions. According to the Government, the ICFTU's attitude is not responsible. The persons in question have probably been questioned by police but were not arrested.
10. 628. The Government concludes by reiterating that China is a country where human rights are respected. However, the judgement of individuals in accordance with Chinese judicial procedure is an internal matter. The Government cannot tolerate any foreign interference in these matters, under the pretext of human rights protection.
11. 629. The Government later transmitted to the ILO the report of inquiry of the Beijing municipality, entitled "Report on Putting Down Anti-Government Riot". The report concludes that 1,280 military vehicles, police and other buses have been destroyed, burned or otherwise damaged. More than 6,000 soldiers, policemen and public security agents have been injured, and several dozen were killed. According to the report, these heavy losses are convincing evidence of the moderation and tolerance of the troops during the events. According to the information gathered during the inquiry, more than 3,000 civilians were injured, and more than 200, including 36 students, were killed during the riot. Some of them were hit by vehicles, others were run over or hit by stray bullets. Others were injured or killed by hooligans who had stolen weapons. Among the civilians injured or killed were rioters, persons hit by accident as well as doctors or other persons who were doing their work. However, nobody died during the orderly evacuation of Tiananmen Square, described in detail in the report.

A. Previous examinations of the case

1. 589. The allegations presented by the ICFTU in June 1989 stemmed from the measures taken by the authorities against the Workers' Autonomous Federations (WAFs), organisations created in several Chinese provinces, their leaders and workers; the banning of the functioning of these organisations; the death of a number of leaders following an attack by the army; the sentencing to death and execution of workers; and arrests. In support of its allegations the ICFTU had supplied a long list of workers said to have been arrested or executed, which the Committee annexed to its May and November 1990 reports.
2. 590. In its replies, the Government had emphasised the illegal character of the WAFs, in that they had not observed the registration procedure prescribed by the legislation. In this connection, the Committee stressed that it was not its intention to consider as inconsistent with the principles of freedom of association all registration procedures, which in fact exist in many countries. Nevertheless, while it is true that the founders of a trade union ought to respect the formalities set out in the legislation, these formalities should not be such as to jeopardise the freedom to organise. In the present case, the Government itself, in its reply of January 1990, had stated that one of the fundamental principles of the Chinese Constitution was the leading role of the Communist Party and that the registration of organisations engaging in reactionary conduct should be cancelled and the organisations banned. In the light of these factors, the Committee considered that the registration procedure prescribed by Chinese legislation was more than a mere formality and, in practice, amounted to a kind of prior authorisation by the authorities, which was contrary to the principles of freedom of association. On this point, the Committee referred to the opinion expressed by the Committee of Experts on the Application of Conventions and Recommendations in its General Survey of 1983 (see Freedom of Association and Collective Bargaining, para. 115) according to which the administrative authorities should not be able to refuse registration of an organisation simply because they consider that the organisation could exceed normal union activities or that it might not be able to exercise its functions. Such a system would be tantamount to subjecting the compulsory registration of trade unions to the previous authorisation of the administrative authorities.
3. 591. In view of the requirements laid down for the registration of trade union organisations, the Committee understood that the WAFs were unable to apply for registration, for under the Chinese legislation such an application was bound to be rejected, as implied by the Government itself in its communication of January 1990 which stated that "the fact of setting up the WAF itself violated Notice No. 136 issued by the Beijing Municipal Government". The Committee recalled that it had examined the provisions of the statutes of the Beijing WAF, the text of which had been supplied by the ICFTU, and the nature of its grievances, and that, on that basis, it considered that these were in keeping with the normal activities of a workers' organisation promoting and defending the interests of its members. None of the elements contained in the Government's latest reply persuaded the Committee to change its opinion on this point. In addition, the Committee noted that, according to the information supplied by the Government itself, the WAFs were set up in numerous Chinese provinces and they could not therefore be considered as a spontaneous "small group". Accordingly, it reiterated that the right of workers to establish organisations of their own choosing implies, in particular, the effective possibility of setting up, in a climate of complete security, organisations independent both of any existing organisations and of any political party. Consequently, the Committee once again requested the Government to take the necessary measures to ensure that the workers' right to establish organisations of their own choosing and these organisations' rights to function freely are guaranteed both in law and in practice.
4. 592. As regards the factual aspects of the case, the Committee noted that the Government had provided information concerning some of the persons said by the ICFTU to have been executed or arrested. These particulars, however, concerned only 91 persons out of the 130 or so expressly mentioned by name by the complainant organisation.
5. 593. According to the information provided by the Government, some of the workers (24) mentioned by the complainant as being in custody had not been arrested and their cases had not come before the judicial authorities. Thirty others who had not committed any offences or who had committed only minor offences or who had shown "remorse" had their penalties remitted or had been released after a period of re-education. Lastly, the Government communicated information on 37 persons sentenced by the courts, including nine sentenced to death and six to life imprisonment, for offences of arson, looting, sabotage of transport, murder and, more generally, breaches of the public peace.
6. 594. While noting that, for the first time, the Government had given substantial information about a large number of persons referred to by name in the complaint, the Committee expressed its profound concern at the extreme severity of the sentences handed down against workers whose actions - according to the complainant - occurred in the context of participating in the establishment of independent organisations. The Committee emphasised that, in a situation in which workers' organisations consider that they do not enjoy the freedoms essential for the performance of their functions, they would be justified in claiming the recognition of these freedoms and that such claims ought to be regarded as consistent with legitimate trade union action.
7. 595. The Committee was particularly disturbed to note the nine death sentences reported by the Government. The Government did not state whether the persons sentenced to death had been executed or not (it mentioned only a two-year stay of execution in the case of one of the workers, Luan Jikui). If these sentences had not yet been carried out, the Committee urged the Government to stay the executions and to reconsider the cases of these persons. The Committee requested the Government to supply information in this respect.
8. 596. As regards the sentences of imprisonment, the Committee gathered from the Government's reply that these sentences had already been upheld on appeal, which implied that these decisions were pronounced with a rapidity that threw serious doubt on the respect of the normal judicial guarantees in the proceedings. In view of all these factors and of the severity of the convictions, the Committee also requested the Government to reconsider these cases and to keep it informed of any action taken on this request.
9. 597. The Committee observed moreover that the Government had not provided any information on a number of persons said by the ICFTU to have been executed or arrested. The Committee requested the Government to provide particulars of these cases (reasons for arrest, proceedings instituted, if any, and present situation of the persons concerned).
10. 598. Nor had the Government reacted to the Committee's request, made at its previous session, for information on the conviction of workers from Changchun, seven of whom had been sent to re-education-through-labour camps. The Committee therefore reiterated its request to the Government to supply precise information about the reasons, nature and objectives of the re-education-through-labour measures to which some trade unionists had been subjected.
11. 599. The Committee noted furthermore that, while the Government had provided some information about two leaders of the Beijing WAF - Hang Dongfang and Liu Qiang - it had not stated whether these persons had been convicted, nor had it answered the allegations concerning the ill-treatment which they were said to have suffered. The Committee asked the Government for its observations on this.
12. 600. So far as the events in Tiananmen Square were concerned, the Committee noted that the complainant organisation's allegations and the Government's reply were totally contradictory. According to the ICFTU, on the one hand, many of the WAF's representatives were reportedly killed when the army took the Square by assault in the night from 3 to 4 June 1989. The Government, on the other hand, contended that nobody died when the Square was cleared. In view of these totally conflicting statements, the Committee was unable, from the information at its disposal, to draw any conclusions on this aspect of the case. Accordingly, it asked the complainant organisation to provide details of the identity of the persons said to have been killed on that occasion.
13. 601. At its November 1990 Session, the Governing Body approved the following recommendations:
    • (a) The Committee re-emphasises that the right of workers to establish organisations of their own choosing implies, in particular, the effective possibility of forming, in a climate of complete security, organisations independent both of existing organisations and of any political party. It requests the Government to take the measures necessary to ensure that this right and the rights of these organisations to function freely are guaranteed both in law and in practice.
    • (b) The Committee expresses its deep concern at the extreme severity of the sentences handed down against workers.
    • (c) Being particularly disturbed about the nine death sentences reported by the Government, the Committee urges the Government to stay these executions - if the sentences have not yet been carried out - and to reconsider the cases of the persons concerned. The Committee asks the Government for information in this respect.
    • (d) The Committee further requests the Government to reconsider the cases in which workers have been sentenced to imprisonment and to keep it informed of any action taken on this request.
    • (e) The Committee requests the Government to supply information on the persons mentioned in the Annex hereto, concerning whom it has not yet given a reply (reasons for arrest, proceedings instituted, if any, and present situation of the persons concerned).
    • (f) The Committee repeats its request that the Government provide full details on the specific events which led to the conviction of the workers of Changchun, seven of whom have been sent to re-education-through-labour camps. It also again requests the Government to provide information on the reasons, nature and objectives of the re-education-through-labour measures to which some trade unionists are subjected.
    • (g) The Committee asks the Government to supply its observations on the allegations of ill-treatment which two leaders of the Beijing WAF - Hang Dongfang and Liu Qiang - are said to have suffered, and asks for information on the present circumstances of these persons.
    • (h) Having regard to the total contradiction between the complainant organisation's allegations and the Government's reply concerning the events surrounding the clearing of Tiananmen Square, the Committee requests the ICFTU to provide details of the identity of the persons said to have been killed on that occasion.

B. The Government's reply

1. 602. In its communication of 20 May 1991 the Government recalls that it has made every effort to settle this case reasonably within the framework of the ILO Constitution. Nevertheless, the Committee on Freedom of Association has continued to interfere in the internal affairs of China and has groundlessly accused the Chinese Government. The Government deeply regrets this, but supplies some supplementary information to clarify the facts again. It hopes that these comments could be taken seriously into account so that this case may be closed as soon as possible.
2. 603. The Government has already elaborated on the illegal character of the WAFs in its earlier replies. It regrets that the Committee has failed to give serious consideration to the facts submitted by the Government, but reached conclusions which are contrary to reality. The creation of the illegal organisation WAF coincided with the advent of political chaos in China in 1989; subsequently, the organisation faded away owing to its direct involvement in violent activities against the Government. The WAF seriously violated criminal law because its aim was to overthrow the legitimate Government by unlawful violent means. Hence the illegal character of the WAF is not something decided arbitrarily, but is the result of its own conduct. In the Government's opinion, to state that the WAF is a legal organisation by accepting its claim that it is "striving for workers' rights", while overlooking or deliberately ignoring its undeniable illegal objectives and its many criminal activities, is not only irresponsible, but also suggests the existence of ulterior motives. In particular, a large number of persons mentioned by the ICFTU did not even participate in the WAF. They were merely a handful of criminals who exploited a riot to engage in violence, looting and theft. It is difficult to understand how an important international organisation and an influential international trade union can insist repeatedly that these persons are trade union activists.
3. 604. In its previous reply the Government had stated that no WAF or similar organisation had been created in Changchun. The seven persons sent to labour education camps in June 1989 were those who had engaged in illegal activities during the period of turmoil. They had committed such crimes as disturbing the peace, blocking traffic, hindering public affairs, destroying public property and extorting money under the pretence that they were public security agents. These persons did not belong to any organisation and were not engaged in any trade union activity. Thus, to call these persons "trade union activists" is inconsistent with the facts.
4. 605. Under the State's relevant administrative regulations, the education-through-labour programme is aimed at persons over 16 years of age who live in large and medium-sized cities, who are not subject to criminal sanctions or who are spared these sanctions, but disturb the peace and refuse to mend their ways in spite of repeated warnings, or who commit petty crimes (mainly theft, fraud, indecent behaviour, fighting, etc.). The objective of education-through-labour is to educate, to bring about a change in and to redeem persons who have committed such crimes. This education plays a role in the maintenance of social order and prevents crimes by educating those who are about to commit offences, in an effort to discourage the pursuit of illegal activities and crime. Education-through-labour is an effective measure, suited to the situation in China, pertinent to its social needs and beneficial in maintaining social stability.
5. 606. Several times the Government has described the principles on the basis of which it has taken measures against WAF members and other criminals. In the light of the facts and in accordance with the law, this policy aims at applying sanctions against a handful of criminals who have committed serious offences and to re-educate those who have been found guilty of lesser crimes. It has been shown that the majority of persons who participated in the riots and disturbances were released by the judicial authorities without investigation into their criminal responsibility. Only a small minority of criminals was punished in accordance with the law.
6. 607. In addition, the Government provides information on the following persons: Li Weidong, Ho Lili, of Beijing; Zhou Shao Wu, of Shanghai; Yang Yongmin of the province of Jiangsu; Zhu Huiming, Li Huling, of Nangjing; An Baojin, Liu Congshu, of the province of Shaanxi, were released following their re-education or absolved of criminal responsibility by the courts. In Beijing, Tian Bomin was sentenced to five years' imprisonment for larceny and fraud; Guo Yaxiong to three years' imprisonment for disrupting traffic. In Shanghai, Zhang Qiwang, Wang Hong, Weng Zhengmin were sentenced, respectively, to prison terms of three years, one-and-a-half years and three years for disturbing the peace, and Cai Chaojung to four years' imprisonment for disrupting traffic. In Nangjing, Rui Tonghu was sentenced to three years' imprisonment for disturbing the peace. In the province of Jiangsu, Du Weng was sentenced to three years' imprisonment for disturbing the public order. In the province of Shaanxi, Li Guiren was sentenced to three years' imprisonment for disturbing the peace. In the province of Shandong, Lui Yubin and Che Honglian were sentenced, respectively, to three years' and two years' imprisonment for disrupting traffic. In Changsha, He Zhaohui, Li Jian, Lui Xingqi, Yang Xiong and Zhang Xudong were sentenced, respectively, to four years', three years', three years', four years' and four years' imprisonment for disturbing the peace. Hang Dongfang of Beijing was released on bail pending his trial. There are absolutely no grounds for alleging that he was mistreated. Chen Yinshan, Zhao Endong, Zheng Chuanli, Zhu Wenli, Dian Hanwu, Jiao Zhijin, Shao Lianchen, Hao Jinguang and Yan Quingzhong were never brought to court. The information concerning Quian Yunin, Xiao Bin, Lu Zhongshu, Gao Jingtang, Zhu Guanghua and Li Xiaohu was furnished by the Government in 1990.

C. Additional information furnished by the ICFTU

1. 608. In its communication of 14 June 1991, concerning the status of the WAFs, the ICFTU states that the scanty information furnished by the Government is inaccurate. In particular, the ICFTU states that the Government's claim that the WAF in Beijing never requested its registration is completely unfounded. In a sworn statement, Mr. Zhao Hongligang, a member of the WAF, stated that five representatives of this organisation went to the Government to apply for the organisation's registration, but the various departments kept refusing the application under various pretexts. Finally, the application was turned down on the ground that "it was a time of stringency".
2. 609. The ICFTU considers that the WAF's statutes as well as its activities flagrantly contradict the Government's claims that the WAF was a small group of criminals. The ICFTU emphasises that the Beijing WAF publicly announced all its activities from a radio station set up in Tiananmen Square, and that at no time did any of its leaders incite the crowd to violence. There were two appeals for a general strike, one on 20 May which was later adjourned, and the other on 3 June when it was learned that the People's Liberation Army had begun to use violence against unarmed civilians. Even in these dramatic circumstances, Hang Dongfang, a leader of the WAF, appealed for calm and non-violence.
3. 610. As regards the events of 3 and 4 June 1989 and the violent deaths which ensued, the ICFTU considers that the Government's statement, according to which there were no fatalities during the evacuation of Tiananmen Square, refers only to a very brief period, namely the daybreak of 4 June, during which a number of students and civilians retreated peacefully from the Monument of the People's Heroes, after their leaders had negotiated an agreement with the army officers. However, such was not the case for the rest of the Square and other parts of Beijing. The reports of human rights organisations, supported by eyewitness accounts and photographs, show that there were at least 1,000 victims, while a source based in Hong Kong estimated that the victims may have numbered as many as 8,000.
4. 611. The ICFTU is not in a position to identify the leaders and members of the WAF who were killed for two reasons. Firstly, a number of human rights organisations consider that the fact of revealing the identity of these persons would endanger their relatives and expose them to reprisals; and secondly, the army's brutal intervention prevented members of the WAF who survived from identifying their colleagues who had been killed. In this connection the ICFTU cites the testimony of witnesses. It considers undisputable the fact that many persons were killed, most of them by gunfire, bayonets or crushed by military armed vehicles. These facts were confirmed by foreign press crews and photographs provide graphic evidence.
5. 612. As regards judicial procedures, the ICFTU emphasises that many sources, including official publications of the People's Republic of China and the statements of government officials, establish, beyond the shadow of a doubt, that the political and judiciary authorities disregarded the rules of due legal process. It adds that, according to Asia Watch, workers represented roughly 66 per cent of those arrested during these events. The ICFTU considers that the Government failed to comply with legal provisions concerning arrest and investigation, that workers were tortured in order to obtain evidence, that their right to defence was violated and that the sentences pronounced against them were not the result of standard judicial proceedings, but were determined in advance by the political authorities, and notably the Communist Party. In this connection the ICFTU refers to a statement made by the President of the Supreme People's Court, according to which the courts are expected to exercise their power under the leadership of the Party.
6. 613. The ICFTU also mentions studies by legal experts and other statements to the effect that the rights to defence were not respected and that prisoners were subjected to violence. In particular, according to Asia Watch, a number of persons were convicted by the public security organs (the police) without the benefit of any court appearance or hearing. Persons may be sentenced without a trial to as much as three years of so-called "labour re-education", a euphemism for forced labour during a period of arbitrary detention. Another example of administrative detention without trial is the widespread practice according to which the police, acting on its own authority and without judicial control, holds suspects for months at a time in conditions similar to or worse than those of common criminals.
7. 614. According to the ICFTU, China does not respect the principle according to which the accused is presumed innocent until proven guilty. A common inscription found on the walls of police stations in China reads: "Lenience to those who confess, severity to those who resist." In fact, according to the ICFTU, the main feature of the judicial process in China is contained in the principle known as "verdict first, trial second". Even when given access to legal counsel, a defendant has no reason to expect that the lawyer will be able to defend him normally. Furthermore, some reports suggest that "political" cases - including those against independent labour activists - are routinely allocated to lawyers who are senior members of the Communist Party. Likewise, the right of appeal is often denied in practice because it is considered a "counter-productive gesture" by justice officials. The ICFTU emphasises that the sentences handed down immediately after the 1989 events were often rendered during trials held at public rallies, and death sentences carried out within days of the initial arrest (for example, four days in Shanghai). One of the men charged with having set fire to a train in Shanghai was said to be mentally retarded. The television broadcast of the trial showed that he appeared not to understand what was going on. He was nevertheless sentenced to death and executed. According to the ICFTU, all of these elements cast profound doubts on the Government's contention that the trials were conducted and judgements handed down in strict conformity with the procedure prescribed by the law.
8. 615. The ICFTU considers that the evidence used in these proceedings was mostly obtained by torture. In this connection the organisation cites a report of Amnesty International which describes the methods of torture used in China, as well as a report of the State Prosecutor to the National People's Congress in April 1991, which stated that investigations covering the previous year had uncovered 472 cases of confessions extracted by torture, more than 3,500 cases of unlawful detention and 461 cases of false charges.
9. 616. The ICFTU considers that much of the information furnished by the Government on the situation of persons mentioned in the complaint is inaccurate. According to the Government, 24 of these persons were not arrested. The ICFTU supplies additional information on 19 of them (see Annex). All were arrested and many of them were condemned. Most of this information was published by the Chinese press itself. The ICFTU also furnishes information on 74 persons, in particular on almost all of those arrested with respect to whom the Government has failed to provide a reply (see Annex). According to the ICFTU, these lists represent only a fraction of the independent trade union activists who have been arrested. Human rights organisations have identified over 1,000 persons who were arrested following the events of May-June 1989, most of whom are workers.
10. 617. The ICFTU also states that a number of trade union activists arrested since 1989 have been sent to forced labour camps. The ICFTU expresses its utmost concern over the fact that, according to Asia Watch, certain persons mentioned in the complaint are being detained in these conditions (for example, Rui Tonghu, Zhu Huining and Li Huling, members of the Nanjing WAF, held in the province of Jiangsu). Still according to the Asia Watch report, it is a common practice for the prisoners in these labour camps to be held indefinitely as workers, even after they have completed their sentences. This policy is commonly applied to "unrepentant" prisoners, including political prisoners.
11. 618. In conclusion, citing declarations and statements published in China itself, the ICFTU considers that the repression primarily targeted workers, and among them, independent trade union activists. The ICFTU requests the Committee to bring pressure to bear against the Government to obtain the immediate and unconditional release of workers and trade union activists or, failing that, to obtain correct and full information on their whereabouts, their legal situation and the respect of their rights. Lastly, the ICFTU would welcome the Government's authorisation for an independent and unhindered verification of all information furnished; such a gesture would show that the Government wishes to abide by internationally recognised standards on human rights and trade union rights.

D. Complementary reply of the Government

1. 619. In its communication of 18 October 1991, the Government firstly expresses its deep regret concerning the new communication of the ICFTU which, according to it, constitutes a new interference in the internal affairs of China under the pretext of freedom of association. The Government considers that these new allegations contain false information. However, since it sincerely wishes to cooperate with the ILO and to throw additional light on this matter, the Government provides its comments.
2. 620. As regards the registration request by the Beijing WAF, the Government indicates that the Ministry of Labour made an inquiry with the various departments concerned but that there is absolutely no record of a registration request by this so-called organisation. In any event, according to the Government, its creation was in itself an unlawful act during the period of turmoil and after the proclamation of martial law.
3. 621. Concerning the death sentences, the Government indicates that the persons in question have been executed, according to the law. These persons who had committed serious crimes, murders and arson, have been duly punished, which was necessary to preserve social order and the interest of the people.
4. 622. As regards the events on Tiananmen Square, the Government mentions that the Beijing municipality made a thorough and responsible inquiry. The mayor of Beijing, Mr. Chen Xitong, has presented the official report at a plenary session of the People's National Assembly. The Government stresses three elements in this respect: (1) during the evacuation of Tiananmen Square at daybreak on 4 June 1989, nobody died since the evacuation was done in an orderly way; any other subjective assertion could not be true; (2) during the struggle against the rebellion, no leader of the Beijing WAF died; they are all alive today; (3) it is ludicrous to assert that the WAF did not participate in the rebellion: it had publicly stated that it wanted to overthrow the Government, it had organised actions to surround the seat of the Government, it had rallied thousands of persons to attack the police headquarters and the Ministry of Public Security, it had participated in conspiracies with a view to undermining the state of siege and blocking military vehicles. According to the Government, these few facts are sufficient to establish that the WAF is in fact an illegal organisation set on provoking turmoil and rebellion, and that it is absolutely not a legal trade union organisation. However, only those members of the WAF which had really violated the criminal law have been judged by the courts; the other workers which had been led into the events have not been committed to trial.
5. 623. As regards the allegations concerning the procedure, which it qualifies as being slanderous, the Government indicates that under the Act on criminal procedure, all accused have the right to be defended and to have a legal counsel appointed by the court if they have not already chosen one. The Government mentions that the tribunals of all jurisdictions have strictly complied with these provisions during the trials of the criminals who had taken part in the rebellion, thus giving them the possibility fully to exercise their right to defence. For instance, during the examination of the case of Hang Dongfang, one of the main leaders of the Beijing WAF, the People's Court of Appeal of Beijing listened carefully to the defence of the accused and the pleadings of his lawyer, compared them with the information collected and concluded that while he had participated in the rebellion, he had not committed serious infractions. Therefore he was released.
6. 624. Quoting the relevant provision of the Act on criminal procedure, the Government indicates that the right of appeal exists in Chinese legal procedure, and that this right has been strictly enforced during the trials. The Government gives examples of cases where this procedure has been applied and where sentences have been reduced, and even cancelled, by the appellate jurisdiction; for instance, the Court of Appeal found Lu Zhongshu not guilty, and reduced the death sentence previously imposed on Wang Lianxi to life imprisonment.
7. 625. According to the Government, the courts now have almost completed the trials of the persons involved in the rebellion who had violated the law. The legal procedure has been duly applied, according to the facts and the law, within the policy linking punishment and clemency. The objective is to "save" all those who can be "saved". Therefore, each case has been examined in a thoroughly responsible fashion: on the one hand, it is important to expose all criminal deeds; on the other hand, the Government attaches importance to a patient education process, which allows sufficient time so that the persons in question may realise their past mistakes. All those who had committed minor crimes have now benefited from various clemency measures after a period of education. Proceedings have been launched only against a small number of criminals who had committed serious violations of the criminal law.
8. 626. In addition, the Government provides information on the new persons from the Beijing area, mentioned in the last communication sent by the ICFTU. The following persons have been declared innocent of all criminal liability and released: Liu Qiang, main leader of the Beijing WAF; Zhu Liani; Zhou Yongun; Li Jinjin, legal adviser of the WAF; Quian Yunin, questioned by police around the end of May 1989, but not arrested. The following persons were found guilty and sentenced: Li Bing, seven years' imprisonment for serious crimes of participation in rebellion and destruction of military vehicles; Liu Zihou, eight years' imprisonment for serious crimes of participation in rebellion, arson and street-blocking; Zhong Zhenhai, eight years' imprisonment for hijacking. Wang Hang Wu has been sentenced to death in view of the seriousness of his crimes of participation in rebellion and setting fire to military vehicles; he had been executed on 22 June 1989. He Qunyin has not been identified.
9. 627. The Government indicates that certain persons allegedly arrested were never prosecuted. Following the new communication of the ICFTU, the Government made further inquiries which confirmed previous conclusions. According to the Government, the ICFTU's attitude is not responsible. The persons in question have probably been questioned by police but were not arrested.
10. 628. The Government concludes by reiterating that China is a country where human rights are respected. However, the judgement of individuals in accordance with Chinese judicial procedure is an internal matter. The Government cannot tolerate any foreign interference in these matters, under the pretext of human rights protection.
11. 629. The Government later transmitted to the ILO the report of inquiry of the Beijing municipality, entitled "Report on Putting Down Anti-Government Riot". The report concludes that 1,280 military vehicles, police and other buses have been destroyed, burned or otherwise damaged. More than 6,000 soldiers, policemen and public security agents have been injured, and several dozen were killed. According to the report, these heavy losses are convincing evidence of the moderation and tolerance of the troops during the events. According to the information gathered during the inquiry, more than 3,000 civilians were injured, and more than 200, including 36 students, were killed during the riot. Some of them were hit by vehicles, others were run over or hit by stray bullets. Others were injured or killed by hooligans who had stolen weapons. Among the civilians injured or killed were rioters, persons hit by accident as well as doctors or other persons who were doing their work. However, nobody died during the orderly evacuation of Tiananmen Square, described in detail in the report. A. Previous examinations of the case
12. 589. The allegations presented by the ICFTU in June 1989 stemmed from the measures taken by the authorities against the Workers' Autonomous Federations (WAFs), organisations created in several Chinese provinces, their leaders and workers; the banning of the functioning of these organisations; the death of a number of leaders following an attack by the army; the sentencing to death and execution of workers; and arrests. In support of its allegations the ICFTU had supplied a long list of workers said to have been arrested or executed, which the Committee annexed to its May and November 1990 reports.
13. 590. In its replies, the Government had emphasised the illegal character of the WAFs, in that they had not observed the registration procedure prescribed by the legislation. In this connection, the Committee stressed that it was not its intention to consider as inconsistent with the principles of freedom of association all registration procedures, which in fact exist in many countries. Nevertheless, while it is true that the founders of a trade union ought to respect the formalities set out in the legislation, these formalities should not be such as to jeopardise the freedom to organise. In the present case, the Government itself, in its reply of January 1990, had stated that one of the fundamental principles of the Chinese Constitution was the leading role of the Communist Party and that the registration of organisations engaging in reactionary conduct should be cancelled and the organisations banned. In the light of these factors, the Committee considered that the registration procedure prescribed by Chinese legislation was more than a mere formality and, in practice, amounted to a kind of prior authorisation by the authorities, which was contrary to the principles of freedom of association. On this point, the Committee referred to the opinion expressed by the Committee of Experts on the Application of Conventions and Recommendations in its General Survey of 1983 (see Freedom of Association and Collective Bargaining, para. 115) according to which the administrative authorities should not be able to refuse registration of an organisation simply because they consider that the organisation could exceed normal union activities or that it might not be able to exercise its functions. Such a system would be tantamount to subjecting the compulsory registration of trade unions to the previous authorisation of the administrative authorities.
14. 591. In view of the requirements laid down for the registration of trade union organisations, the Committee understood that the WAFs were unable to apply for registration, for under the Chinese legislation such an application was bound to be rejected, as implied by the Government itself in its communication of January 1990 which stated that "the fact of setting up the WAF itself violated Notice No. 136 issued by the Beijing Municipal Government". The Committee recalled that it had examined the provisions of the statutes of the Beijing WAF, the text of which had been supplied by the ICFTU, and the nature of its grievances, and that, on that basis, it considered that these were in keeping with the normal activities of a workers' organisation promoting and defending the interests of its members. None of the elements contained in the Government's latest reply persuaded the Committee to change its opinion on this point. In addition, the Committee noted that, according to the information supplied by the Government itself, the WAFs were set up in numerous Chinese provinces and they could not therefore be considered as a spontaneous "small group". Accordingly, it reiterated that the right of workers to establish organisations of their own choosing implies, in particular, the effective possibility of setting up, in a climate of complete security, organisations independent both of any existing organisations and of any political party. Consequently, the Committee once again requested the Government to take the necessary measures to ensure that the workers' right to establish organisations of their own choosing and these organisations' rights to function freely are guaranteed both in law and in practice.
15. 592. As regards the factual aspects of the case, the Committee noted that the Government had provided information concerning some of the persons said by the ICFTU to have been executed or arrested. These particulars, however, concerned only 91 persons out of the 130 or so expressly mentioned by name by the complainant organisation.
16. 593. According to the information provided by the Government, some of the workers (24) mentioned by the complainant as being in custody had not been arrested and their cases had not come before the judicial authorities. Thirty others who had not committed any offences or who had committed only minor offences or who had shown "remorse" had their penalties remitted or had been released after a period of re-education. Lastly, the Government communicated information on 37 persons sentenced by the courts, including nine sentenced to death and six to life imprisonment, for offences of arson, looting, sabotage of transport, murder and, more generally, breaches of the public peace.
17. 594. While noting that, for the first time, the Government had given substantial information about a large number of persons referred to by name in the complaint, the Committee expressed its profound concern at the extreme severity of the sentences handed down against workers whose actions - according to the complainant - occurred in the context of participating in the establishment of independent organisations. The Committee emphasised that, in a situation in which workers' organisations consider that they do not enjoy the freedoms essential for the performance of their functions, they would be justified in claiming the recognition of these freedoms and that such claims ought to be regarded as consistent with legitimate trade union action.
18. 595. The Committee was particularly disturbed to note the nine death sentences reported by the Government. The Government did not state whether the persons sentenced to death had been executed or not (it mentioned only a two-year stay of execution in the case of one of the workers, Luan Jikui). If these sentences had not yet been carried out, the Committee urged the Government to stay the executions and to reconsider the cases of these persons. The Committee requested the Government to supply information in this respect.
19. 596. As regards the sentences of imprisonment, the Committee gathered from the Government's reply that these sentences had already been upheld on appeal, which implied that these decisions were pronounced with a rapidity that threw serious doubt on the respect of the normal judicial guarantees in the proceedings. In view of all these factors and of the severity of the convictions, the Committee also requested the Government to reconsider these cases and to keep it informed of any action taken on this request.
20. 597. The Committee observed moreover that the Government had not provided any information on a number of persons said by the ICFTU to have been executed or arrested. The Committee requested the Government to provide particulars of these cases (reasons for arrest, proceedings instituted, if any, and present situation of the persons concerned).
21. 598. Nor had the Government reacted to the Committee's request, made at its previous session, for information on the conviction of workers from Changchun, seven of whom had been sent to re-education-through-labour camps. The Committee therefore reiterated its request to the Government to supply precise information about the reasons, nature and objectives of the re-education-through-labour measures to which some trade unionists had been subjected.
22. 599. The Committee noted furthermore that, while the Government had provided some information about two leaders of the Beijing WAF - Hang Dongfang and Liu Qiang - it had not stated whether these persons had been convicted, nor had it answered the allegations concerning the ill-treatment which they were said to have suffered. The Committee asked the Government for its observations on this.
23. 600. So far as the events in Tiananmen Square were concerned, the Committee noted that the complainant organisation's allegations and the Government's reply were totally contradictory. According to the ICFTU, on the one hand, many of the WAF's representatives were reportedly killed when the army took the Square by assault in the night from 3 to 4 June 1989. The Government, on the other hand, contended that nobody died when the Square was cleared. In view of these totally conflicting statements, the Committee was unable, from the information at its disposal, to draw any conclusions on this aspect of the case. Accordingly, it asked the complainant organisation to provide details of the identity of the persons said to have been killed on that occasion.
24. 601. At its November 1990 Session, the Governing Body approved the following recommendations:
    • (a) The Committee re-emphasises that the right of workers to establish organisations of their own choosing implies, in particular, the effective possibility of forming, in a climate of complete security, organisations independent both of existing organisations and of any political party. It requests the Government to take the measures necessary to ensure that this right and the rights of these organisations to function freely are guaranteed both in law and in practice.
    • (b) The Committee expresses its deep concern at the extreme severity of the sentences handed down against workers.
    • (c) Being particularly disturbed about the nine death sentences reported by the Government, the Committee urges the Government to stay these executions - if the sentences have not yet been carried out - and to reconsider the cases of the persons concerned. The Committee asks the Government for information in this respect.
    • (d) The Committee further requests the Government to reconsider the cases in which workers have been sentenced to imprisonment and to keep it informed of any action taken on this request.
    • (e) The Committee requests the Government to supply information on the persons mentioned in the Annex hereto, concerning whom it has not yet given a reply (reasons for arrest, proceedings instituted, if any, and present situation of the persons concerned).
    • (f) The Committee repeats its request that the Government provide full details on the specific events which led to the conviction of the workers of Changchun, seven of whom have been sent to re-education-through-labour camps. It also again requests the Government to provide information on the reasons, nature and objectives of the re-education-through-labour measures to which some trade unionists are subjected.
    • (g) The Committee asks the Government to supply its observations on the allegations of ill-treatment which two leaders of the Beijing WAF - Hang Dongfang and Liu Qiang - are said to have suffered, and asks for information on the present circumstances of these persons.
    • (h) Having regard to the total contradiction between the complainant organisation's allegations and the Government's reply concerning the events surrounding the clearing of Tiananmen Square, the Committee requests the ICFTU to provide details of the identity of the persons said to have been killed on that occasion.

B. The Government's reply

1. 602. In its communication of 20 May 1991 the Government recalls that it has made every effort to settle this case reasonably within the framework of the ILO Constitution. Nevertheless, the Committee on Freedom of Association has continued to interfere in the internal affairs of China and has groundlessly accused the Chinese Government. The Government deeply regrets this, but supplies some supplementary information to clarify the facts again. It hopes that these comments could be taken seriously into account so that this case may be closed as soon as possible.
2. 603. The Government has already elaborated on the illegal character of the WAFs in its earlier replies. It regrets that the Committee has failed to give serious consideration to the facts submitted by the Government, but reached conclusions which are contrary to reality. The creation of the illegal organisation WAF coincided with the advent of political chaos in China in 1989; subsequently, the organisation faded away owing to its direct involvement in violent activities against the Government. The WAF seriously violated criminal law because its aim was to overthrow the legitimate Government by unlawful violent means. Hence the illegal character of the WAF is not something decided arbitrarily, but is the result of its own conduct. In the Government's opinion, to state that the WAF is a legal organisation by accepting its claim that it is "striving for workers' rights", while overlooking or deliberately ignoring its undeniable illegal objectives and its many criminal activities, is not only irresponsible, but also suggests the existence of ulterior motives. In particular, a large number of persons mentioned by the ICFTU did not even participate in the WAF. They were merely a handful of criminals who exploited a riot to engage in violence, looting and theft. It is difficult to understand how an important international organisation and an influential international trade union can insist repeatedly that these persons are trade union activists.
3. 604. In its previous reply the Government had stated that no WAF or similar organisation had been created in Changchun. The seven persons sent to labour education camps in June 1989 were those who had engaged in illegal activities during the period of turmoil. They had committed such crimes as disturbing the peace, blocking traffic, hindering public affairs, destroying public property and extorting money under the pretence that they were public security agents. These persons did not belong to any organisation and were not engaged in any trade union activity. Thus, to call these persons "trade union activists" is inconsistent with the facts.
4. 605. Under the State's relevant administrative regulations, the education-through-labour programme is aimed at persons over 16 years of age who live in large and medium-sized cities, who are not subject to criminal sanctions or who are spared these sanctions, but disturb the peace and refuse to mend their ways in spite of repeated warnings, or who commit petty crimes (mainly theft, fraud, indecent behaviour, fighting, etc.). The objective of education-through-labour is to educate, to bring about a change in and to redeem persons who have committed such crimes. This education plays a role in the maintenance of social order and prevents crimes by educating those who are about to commit offences, in an effort to discourage the pursuit of illegal activities and crime. Education-through-labour is an effective measure, suited to the situation in China, pertinent to its social needs and beneficial in maintaining social stability.
5. 606. Several times the Government has described the principles on the basis of which it has taken measures against WAF members and other criminals. In the light of the facts and in accordance with the law, this policy aims at applying sanctions against a handful of criminals who have committed serious offences and to re-educate those who have been found guilty of lesser crimes. It has been shown that the majority of persons who participated in the riots and disturbances were released by the judicial authorities without investigation into their criminal responsibility. Only a small minority of criminals was punished in accordance with the law.
6. 607. In addition, the Government provides information on the following persons: Li Weidong, Ho Lili, of Beijing; Zhou Shao Wu, of Shanghai; Yang Yongmin of the province of Jiangsu; Zhu Huiming, Li Huling, of Nangjing; An Baojin, Liu Congshu, of the province of Shaanxi, were released following their re-education or absolved of criminal responsibility by the courts. In Beijing, Tian Bomin was sentenced to five years' imprisonment for larceny and fraud; Guo Yaxiong to three years' imprisonment for disrupting traffic. In Shanghai, Zhang Qiwang, Wang Hong, Weng Zhengmin were sentenced, respectively, to prison terms of three years, one-and-a-half years and three years for disturbing the peace, and Cai Chaojung to four years' imprisonment for disrupting traffic. In Nangjing, Rui Tonghu was sentenced to three years' imprisonment for disturbing the peace. In the province of Jiangsu, Du Weng was sentenced to three years' imprisonment for disturbing the public order. In the province of Shaanxi, Li Guiren was sentenced to three years' imprisonment for disturbing the peace. In the province of Shandong, Lui Yubin and Che Honglian were sentenced, respectively, to three years' and two years' imprisonment for disrupting traffic. In Changsha, He Zhaohui, Li Jian, Lui Xingqi, Yang Xiong and Zhang Xudong were sentenced, respectively, to four years', three years', three years', four years' and four years' imprisonment for disturbing the peace. Hang Dongfang of Beijing was released on bail pending his trial. There are absolutely no grounds for alleging that he was mistreated. Chen Yinshan, Zhao Endong, Zheng Chuanli, Zhu Wenli, Dian Hanwu, Jiao Zhijin, Shao Lianchen, Hao Jinguang and Yan Quingzhong were never brought to court. The information concerning Quian Yunin, Xiao Bin, Lu Zhongshu, Gao Jingtang, Zhu Guanghua and Li Xiaohu was furnished by the Government in 1990.

C. Additional information furnished by the ICFTU

1. 608. In its communication of 14 June 1991, concerning the status of the WAFs, the ICFTU states that the scanty information furnished by the Government is inaccurate. In particular, the ICFTU states that the Government's claim that the WAF in Beijing never requested its registration is completely unfounded. In a sworn statement, Mr. Zhao Hongligang, a member of the WAF, stated that five representatives of this organisation went to the Government to apply for the organisation's registration, but the various departments kept refusing the application under various pretexts. Finally, the application was turned down on the ground that "it was a time of stringency".
2. 609. The ICFTU considers that the WAF's statutes as well as its activities flagrantly contradict the Government's claims that the WAF was a small group of criminals. The ICFTU emphasises that the Beijing WAF publicly announced all its activities from a radio station set up in Tiananmen Square, and that at no time did any of its leaders incite the crowd to violence. There were two appeals for a general strike, one on 20 May which was later adjourned, and the other on 3 June when it was learned that the People's Liberation Army had begun to use violence against unarmed civilians. Even in these dramatic circumstances, Hang Dongfang, a leader of the WAF, appealed for calm and non-violence.
3. 610. As regards the events of 3 and 4 June 1989 and the violent deaths which ensued, the ICFTU considers that the Government's statement, according to which there were no fatalities during the evacuation of Tiananmen Square, refers only to a very brief period, namely the daybreak of 4 June, during which a number of students and civilians retreated peacefully from the Monument of the People's Heroes, after their leaders had negotiated an agreement with the army officers. However, such was not the case for the rest of the Square and other parts of Beijing. The reports of human rights organisations, supported by eyewitness accounts and photographs, show that there were at least 1,000 victims, while a source based in Hong Kong estimated that the victims may have numbered as many as 8,000.
4. 611. The ICFTU is not in a position to identify the leaders and members of the WAF who were killed for two reasons. Firstly, a number of human rights organisations consider that the fact of revealing the identity of these persons would endanger their relatives and expose them to reprisals; and secondly, the army's brutal intervention prevented members of the WAF who survived from identifying their colleagues who had been killed. In this connection the ICFTU cites the testimony of witnesses. It considers undisputable the fact that many persons were killed, most of them by gunfire, bayonets or crushed by military armed vehicles. These facts were confirmed by foreign press crews and photographs provide graphic evidence.
5. 612. As regards judicial procedures, the ICFTU emphasises that many sources, including official publications of the People's Republic of China and the statements of government officials, establish, beyond the shadow of a doubt, that the political and judiciary authorities disregarded the rules of due legal process. It adds that, according to Asia Watch, workers represented roughly 66 per cent of those arrested during these events. The ICFTU considers that the Government failed to comply with legal provisions concerning arrest and investigation, that workers were tortured in order to obtain evidence, that their right to defence was violated and that the sentences pronounced against them were not the result of standard judicial proceedings, but were determined in advance by the political authorities, and notably the Communist Party. In this connection the ICFTU refers to a statement made by the President of the Supreme People's Court, according to which the courts are expected to exercise their power under the leadership of the Party.
6. 613. The ICFTU also mentions studies by legal experts and other statements to the effect that the rights to defence were not respected and that prisoners were subjected to violence. In particular, according to Asia Watch, a number of persons were convicted by the public security organs (the police) without the benefit of any court appearance or hearing. Persons may be sentenced without a trial to as much as three years of so-called "labour re-education", a euphemism for forced labour during a period of arbitrary detention. Another example of administrative detention without trial is the widespread practice according to which the police, acting on its own authority and without judicial control, holds suspects for months at a time in conditions similar to or worse than those of common criminals.
7. 614. According to the ICFTU, China does not respect the principle according to which the accused is presumed innocent until proven guilty. A common inscription found on the walls of police stations in China reads: "Lenience to those who confess, severity to those who resist." In fact, according to the ICFTU, the main feature of the judicial process in China is contained in the principle known as "verdict first, trial second". Even when given access to legal counsel, a defendant has no reason to expect that the lawyer will be able to defend him normally. Furthermore, some reports suggest that "political" cases - including those against independent labour activists - are routinely allocated to lawyers who are senior members of the Communist Party. Likewise, the right of appeal is often denied in practice because it is considered a "counter-productive gesture" by justice officials. The ICFTU emphasises that the sentences handed down immediately after the 1989 events were often rendered during trials held at public rallies, and death sentences carried out within days of the initial arrest (for example, four days in Shanghai). One of the men charged with having set fire to a train in Shanghai was said to be mentally retarded. The television broadcast of the trial showed that he appeared not to understand what was going on. He was nevertheless sentenced to death and executed. According to the ICFTU, all of these elements cast profound doubts on the Government's contention that the trials were conducted and judgements handed down in strict conformity with the procedure prescribed by the law.
8. 615. The ICFTU considers that the evidence used in these proceedings was mostly obtained by torture. In this connection the organisation cites a report of Amnesty International which describes the methods of torture used in China, as well as a report of the State Prosecutor to the National People's Congress in April 1991, which stated that investigations covering the previous year had uncovered 472 cases of confessions extracted by torture, more than 3,500 cases of unlawful detention and 461 cases of false charges.
9. 616. The ICFTU considers that much of the information furnished by the Government on the situation of persons mentioned in the complaint is inaccurate. According to the Government, 24 of these persons were not arrested. The ICFTU supplies additional information on 19 of them (see Annex). All were arrested and many of them were condemned. Most of this information was published by the Chinese press itself. The ICFTU also furnishes information on 74 persons, in particular on almost all of those arrested with respect to whom the Government has failed to provide a reply (see Annex). According to the ICFTU, these lists represent only a fraction of the independent trade union activists who have been arrested. Human rights organisations have identified over 1,000 persons who were arrested following the events of May-June 1989, most of whom are workers.
10. 617. The ICFTU also states that a number of trade union activists arrested since 1989 have been sent to forced labour camps. The ICFTU expresses its utmost concern over the fact that, according to Asia Watch, certain persons mentioned in the complaint are being detained in these conditions (for example, Rui Tonghu, Zhu Huining and Li Huling, members of the Nanjing WAF, held in the province of Jiangsu). Still according to the Asia Watch report, it is a common practice for the prisoners in these labour camps to be held indefinitely as workers, even after they have completed their sentences. This policy is commonly applied to "unrepentant" prisoners, including political prisoners.
11. 618. In conclusion, citing declarations and statements published in China itself, the ICFTU considers that the repression primarily targeted workers, and among them, independent trade union activists. The ICFTU requests the Committee to bring pressure to bear against the Government to obtain the immediate and unconditional release of workers and trade union activists or, failing that, to obtain correct and full information on their whereabouts, their legal situation and the respect of their rights. Lastly, the ICFTU would welcome the Government's authorisation for an independent and unhindered verification of all information furnished; such a gesture would show that the Government wishes to abide by internationally recognised standards on human rights and trade union rights.

D. Complementary reply of the Government

1. 619. In its communication of 18 October 1991, the Government firstly expresses its deep regret concerning the new communication of the ICFTU which, according to it, constitutes a new interference in the internal affairs of China under the pretext of freedom of association. The Government considers that these new allegations contain false information. However, since it sincerely wishes to cooperate with the ILO and to throw additional light on this matter, the Government provides its comments.
2. 620. As regards the registration request by the Beijing WAF, the Government indicates that the Ministry of Labour made an inquiry with the various departments concerned but that there is absolutely no record of a registration request by this so-called organisation. In any event, according to the Government, its creation was in itself an unlawful act during the period of turmoil and after the proclamation of martial law.
3. 621. Concerning the death sentences, the Government indicates that the persons in question have been executed, according to the law. These persons who had committed serious crimes, murders and arson, have been duly punished, which was necessary to preserve social order and the interest of the people.
4. 622. As regards the events on Tiananmen Square, the Government mentions that the Beijing municipality made a thorough and responsible inquiry. The mayor of Beijing, Mr. Chen Xitong, has presented the official report at a plenary session of the People's National Assembly. The Government stresses three elements in this respect: (1) during the evacuation of Tiananmen Square at daybreak on 4 June 1989, nobody died since the evacuation was done in an orderly way; any other subjective assertion could not be true; (2) during the struggle against the rebellion, no leader of the Beijing WAF died; they are all alive today; (3) it is ludicrous to assert that the WAF did not participate in the rebellion: it had publicly stated that it wanted to overthrow the Government, it had organised actions to surround the seat of the Government, it had rallied thousands of persons to attack the police headquarters and the Ministry of Public Security, it had participated in conspiracies with a view to undermining the state of siege and blocking military vehicles. According to the Government, these few facts are sufficient to establish that the WAF is in fact an illegal organisation set on provoking turmoil and rebellion, and that it is absolutely not a legal trade union organisation. However, only those members of the WAF which had really violated the criminal law have been judged by the courts; the other workers which had been led into the events have not been committed to trial.
5. 623. As regards the allegations concerning the procedure, which it qualifies as being slanderous, the Government in

E. The Committee's conclusions

1. 630. Before examining the substance of the case, the Committee regrets once again that the Government persists in declaring that the Committee is interfering in the internal affairs of China by examining this case. The Committee reiterates that once a State becomes a Member of the ILO, it has to accept the fundamental principles embodied in the Constitution and the Declaration of Philadelphia, especially those relating to freedom of association. As a result, allegations concerning violations of trade union rights cannot be considered as an internal matter of the State concerned and the Committee has to examine receivable complaints which are submitted to it. This is the situation in the present case.
2. 631. The Committee has taken note of the replies provided by the Government to the requests made in its previous report. It is pleased to note that the Government provided information on all the persons mentioned in the ICFTU's first communication as having been arrested or sentenced. The Government also provided a reply concerning some of the new names mentioned in the latest communication of the ICFTU.
3. 632. As regards the registration request made by the Beijing WAF, the Government underlines once again the illegal nature of that organisation and mentions that, contrary to the ICFTU's allegations, there is absolutely no record of a registration request lodged by the WAF within the relevant departments. Therefore, the statements made by the complainant and the Government on this point are totally contradictory. However, the Committee considers that whether or not the WAF filed a registration request has limited relevance. In fact, the Government itself states that the WAF was considered as an illegal organisation and thus could not be registered. As the Committee pointed out in its previous report, the registration procedure established in Chinese law goes far beyond a mere formality and constitutes in practice a form of previous authorisation by the authorities, which is contrary to the freedom of association principles. The Committee further recalls once again that it concluded, after examining the by-laws of the Beijing WAF and the nature of its claims, that the latter were normal activities of a workers' organisation promoting and defending the interests of its members. The Committee can only reiterate this view and request the Government once more to take the necessary measures so that the right of workers to establish organisations of their own choosing and the right of free functioning of these organisations be recognised in the legislation and guaranteed in practice.
4. 633. The Committee deeply deplores once again that workers were sentenced to death and observes with consternation that these persons have been executed. It can only express its deep reprobation of these executions, especially since the trials which resulted in the said verdicts - at least those on which the Committee received detailed information - had been held with undue haste. For instance, in the cases of the three workers in Shanghai, the death sentences were executed two weeks after the events; in the meantime, the case had been heard twice, once by the lower tribunal and another time by the appellate jurisdiction.
5. 634. As regards the detentions, the Committee has noted the information provided by the Government about the persons listed by the ICFTU in its various communications. The Committee welcomes the positive step constituted by the release of certain persons who were detained and in particular, of the two main leaders of the Beijing WAF, Hang Dongfang and Liu Qiang. The Committee further notes the Government's statement that certain persons who had been arrested according to the ICFTU, had in fact only been questioned by the police and are not listed amongst the persons who have been detained.
6. 635. However, the Committee is bound to note that most of the information transmitted by the Government shows that the persons newly mentioned in the last communications have been sentenced to long terms of imprisonment, very often for "disrupting public order", which brings to 56 the number of persons who, says the Government, have been sentenced by the courts. Of these 56 persons, nine were sentenced to death and six to life imprisonment. The Committee must once again express its deep concern at the high number and harshness of sentences handed down by the courts. It recalls that it had requested the Government to reconsider these cases and to keep it informed of any measure taken in this connection. The Government has not given any indication about its intentions concerning amnesty or clemency measures; the Committee must therefore insist once again so that, more than two years after the events, measures be urgently taken to release the persons detained. The Committee requests the Government to keep it informed of any development in this respect.
7. 636. In its new communication, the ICFTU gave a list of leaders of the WAFs, or of workers who have allegedly been arrested. The Government has provided replies concerning most of the persons from the Beijing area. It has not, however, sent any information about the persons mentioned in the list attached to the present report. The Committee requests the Government rapidly to provide information on these persons (reasons for arrest; proceedings taken against them, if any; present situation of the persons concerned).
8. 637. As regards the situation of workers subjected to re-education-through-labour measures, the Committee has noted the Government's explanation that said measures apply to persons "who are not liable to criminal sanctions or who have served their sentence". Thus, it appears from that reply that the workers concerned have been placed in this situation without any court judgement and, apparently, even in cases where they were not liable to any sanction. The Committee therefore considers that this constitutes a form of administrative detention, which even allows in certain cases to keep in jail persons who have served their sentence. This is a blatant violation of basic human rights, the respect of which is essential for the exercise of trade union rights, as pointed out by the International Labour Conference in 1970. The Committee thus considers that the Government should pay attention to this issue on a priority basis, so that the persons who are detained without judgement be released. The Committee requests the Government to provide information on the measures it considers taking in this respect.
9. 638. The ICFTU had presented allegations of ill-treatment against two leaders of the Beijing WAF. The Government only indicates in its reply that this assertion is groundless. The Committee considers that the authorities should make inquiries on allegations of ill-treatment so that measures be taken, if necessary, with a view to ascertain responsibilities, punish the guilty parties and prevent the reoccurrence of such acts.
10. 639. Concerning the deaths of workers which allegedly occurred on Tiananmen Square following the intervention of the army, the Committee notes that the Beijing municipality held an inquiry. According to the Report of Inquiry, nobody died during the evacuation of the Square. Indeed, this statement apparently is not challenged by the ICFTU, which alleges that it applies to a very brief period, namely 4 June at daybreak. The Report concludes, however, that both civilians and members of the army and police were killed or injured at other places and other times during the events. According to the official figures, 6,000 peace-keeping officials have been injured and several dozens killed; the civilian casualties amount to 3,000 persons injured and more than 200 killed. The Committee can only deplore the high number of casualties, and deeply regrets that all necessary measures have apparently not been taken to avoid these tragic events. No matter how confused the situation might have been during that period, the number of victims indicates that the guarantees to ensure respect for human rights as regards safety of individuals, were severely jeopardized.
11. 640. As regards the allegations on legal proceedings contained in the new communication of the ICFTU, the Committee has taken note of the relevant provisions in the Act on criminal procedure, mentioned by the Government in its reply, which provide that the accused have the right to be defended and to file an appeal. The Committee further notes that the Government mentioned certain instances where the sentences have been reduced by the appellate court. However, the Committee cannot but note that the sentences have apparently been issued so expeditiously that this casts a serious doubt on the respect for normal judicial guarantees during these proceedings. The Committee wishes to recall in this regard that the safeguards of normal judicial procedure should not only be embodied in the law, but also applied in practice. The Committee considers that these considerations are an additional reason compelling the Government to take the necessary measures, with a view to re-examining the situation of the workers who have been condemned and to releasing them.

The Committee's recommendations

1. 641. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply deplores once again that workers were sentenced to death and expresses its consternation at the execution of these workers.
   • (b) The Committee deplores the high number of casualties which occurred during the events of June 1989 and deeply regrets that all necessary measures were apparently not taken to avoid these tragic events.
   • (c) While welcoming the positive step constituted by the release of certain persons, including Messrs. Hang Dongfang and Liu Qiang, leaders of the Beijing WAF, the Committee expresses its serious concern at the number and harshness of sentences handed down by the courts, in view of the doubts remaining as to the respect of due process. The Committee insists with the Government that, more than two years after the events, measures should be taken urgently to release the detained workers; it requests the Government to keep it informed of any development in this respect.
   • (d) The Committee requests the Government urgently to provide information on the persons listed in the Annex to the present report (reasons for arrest; proceedings instituted, if any; present situation of the persons concerned).
   • (e) As regards the workers subjected to re-education-through-labour measures, the Committee requests the Government to examine this issue on a priority basis, so that the persons detained without judgement be released. It requests the Government to provide information on the measures it intends to take in that respect.
   • (f) The Committee requests once again the Government to take the necessary measures so that the right of workers to establish organisations of their own choosing and the right of free functioning of these organisations be recognised in the legislation and guaranteed in practice.

ANNEX

1. New persons mentioned by the ICFTU as having been arrested
2. BEIJING
3. HE Qunyin, member of the Beijing WAF, arrested on 14 June 1989 in Xi'an.
4. Accused of having attacked soliders and of having participated in the
5. demonstration of 30 May; not identified by the Government.
6. YOU Dianqui, member of the Beijing WAF, arrested on 14 June 1989 in
7. Xi'an. Accused of having attacked soldiers and of having participated in the
8. demonstration of 30 May.
9. SHANGHAI
10. WANG Wang )
11. )
12. CHEN Jinliang )
13. )
14. WANG Wang )
15. )
16. CHEN Jinliang )
17. )
18. LI Yi )
19. )
20. LI Zhibo )
21. )
22. MA Zhiqianq ) Leaders of the Shanghai WAF, arrested and accused
23. ) on various charges: secret meetings, calls to strike,
24. SUN Xishen ) calls to overthrow the Government etc.
25. )
26. WANG Bomei )
27. )
28. YANG Jian )
29. DAI Jenping )
30. )
31. ZHANG Hongfu )
32. YAN Tinggui, accused of having promoted a strike.
33. ZHANG Renfu ) Sentenced to five years' imprisonment for sabotaging
34. ) public transport vehicles. ZHENG Liang )
35. ZHENG Liang )
36. LIAONING
37. SONG Tianli, arrested on 13 June 1989 in Dalian.
38. XIAO Bin, arrested on 10 June 1989; sentenced by the Dalian court to ten
39. years' imprisonment on 13 July 1989.
40. SHAANXI (Xi'an)
41. ZHAO Demin )
42. )
43. REN Xiying )
44. ) Accused of havig supported demonstrations,
45. XU Ying ) blocked traffic and built barricades.
46. )
47. BAO Hongjian )
48. )
49. CHANG Ximin )
50. SHANDONG
51. ZHANG Xinchao, arrested on 15 June 1989 in Jinan, leader of the Jinan WAF
52. CHANGSHA
53. WANG Changhuai, leader of the Changsha WAF, sentenced on 7 December 1989
54. to three years' imprisonment and stripped of his political rights for one
55. year.
56. ZHANG Jingsheng, sentenced to 13 years' imprisonment.
57. ZHOU Yong, arrested around 16 June 1989.
58. LU Zhaixing, arrested around 16 June 1989.