Report in which the committee requests to be kept informed of development - Report No 337, June 2005

Case No 2189 (China) - Complaint date: 27-MAR-02 - Closed

Allegations: The complainants allege the use of repressive measures including threats, intimidation, intervention by security forces, beatings, detentions, arrests and other mistreatment meted out to leaders, elected representatives and members of independent workers’ organizations at the Ferrous Alloy Factory (FAF) in Liaoning Province and the Daqing Petroleum Company in Heilongjiang Province, as well as violent police intervention in a workers’ demonstration at Guangyuan Textile Factory and sentencing of workers rights’ advocates in Sichuan Province. Finally, the complainants allege the detention, arrest and mistreatment in Shanxi Province of an independent labour activist for trying to set up a federation for retired workers

451. The Committee last examined the substance of this case at its March 2004 meeting when it presented an interim report to the Governing Body [see 333rd Report, paras. 363-387, approved by the Governing Body at its 289th Session].

1. 452. The International Confederation of Free Trade Unions (ICFTU) transmitted additional information in communications dated 5 March and 27 April 2004. The Government furnished new observations in a communication dated 8 September 2004.
2. 453. China has not ratified either the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 454. At its March 2004 session, the Governing Body approved the following recommendations in the light of the Committee’s interim conclusions [see 333rd Report, para. 387]:
2. (a) Deploring the serious allegations of blatant disrespect for due process in respect of the trials of Yao Fuxin and Xiao Yunliang, the Committee must emphasize that detained trade unionists, like anyone else, should benefit from normal judicial proceedings and have the right to due process, in particular, the right to have adequate time and facilities for the preparation of their defence and to communicate freely with counsel of their own choosing and the right to a prompt trial by an impartial and independent judicial authority.
3. (b) The Committee requests the Government to provide a copy of the court judgement in the case of subversion brought against Yao Fuxin and Xiao Yunliang, as well as the appeal heard by the Higher People’s Court of Liaoning Province and any additional information relevant to the guarantees of due process afforded in this case.
4. (c) The Committee calls upon the Government to ensure that Yao Fuxin receives all necessary medical attention and treatment as a matter of urgency.
5. (d) The Committee once again strongly urges the Government to take the necessary measures for the immediate release of Yao Fuxin and Xiao Yunliang and requests the Government to keep it informed of all measures taken in this respect.
6. (e) The Committee once again requests the Government to institute the independent investigations requested in respect of the following pending allegations and to provide all detailed information called for in respect of the following matters:
7. (i) to institute an impartial and independent investigation into the allegations of violent police intervention in respect of the demonstrations at FAF and into the allegations that Gu Baoshu was beaten during his brief detention;
8. (ii) to provide information on the whereabouts of Wang Dawei;
9. (iii) to reply specifically to the allegations that representatives of the PAB Retrenched Workers’ Provisional Union Committee and some 60 other workers were detained on 11 March 2002 and whether any of these individuals are still being detained;
10. (iv) to provide detailed information on the sentencing of two democratic opposition activists, Hu Mingjun and Wang Sen (and possibly Zheng Yongliang), who were reportedly sentenced to heavy prison terms for acting on behalf of the organizing workers; and
11. (v) to provide detailed information on the detention and alleged mistreatment of the independent labour activist, Di Tiangui.
12. (f) The Committee requests the Government to transmit its observations on the recent allegations made by the ICFTU in its communication dated 5 March 2004.
13. (g) In light of the numerous outstanding requests for information and action, and convinced that the development of free and independent trade unions and employers’ organizations is indispensable for social dialogue and to enable a government to confront its social and economic problems and resolve them in the best interests of the workers and the nation, the Committee once again strongly urges the Government to respond positively to its previous suggestion for a direct contacts mission.
14. B. The complainants’ additional allegations
15. 455. In communications dated 5 March and 27 April 2004, the ICFTU stated that at least nine workers from the Tieshu Textile Factory in Suizhou City (Hubei) were arrested on charges of “disturbing public order” after a demonstration staged on 8 February 2004 by some 1,200 workers at the climax of a 15-month peaceful campaign by the textile workers to recover more than 200 million yuan in back wages, redundancy payments, share options and other entitlements owed to them by the bankrupt factory. The campaign included a legal appeal, which the Hubei People’s High Court rejected on 5 June 2003. According to the ICFTU, a central demand of the workers was for the Government to launch an inquiry into the charge that management corruption had contributed to bankruptcy. Hundreds of officers from the People’s Armed Police violently dispersed the protest.
16. 456. According to the ICFTU, the detained and charged workers were Wang Hanwu, Zhu Guo, Chen Kehal, Zhao Yong, Yang Yongcal, Wang Hanwu, Sheng Bing, Wei Yiming and Hu Wenzhong.
17. 457. Chen Kehal and Zhao Yong, held at the Suizhou No. 1 Detention Centre, had been tried under “summary procedures”, an abbreviated form of trial in which defendants have reduced rights to legal defence in cases where the applicable sentence is no more than three years of imprisonment. The court’s verdict had not been announced at the time of the communication. The Suizhou Attorney-General stated, according to the ICFTU, that on 8 February Chen Kehal was one of “more than 1,000” laid-off Tieshu Textile Factory workers who had forced their way into the factory to prevent a new company (set up in the wake of the original factory’s bankruptcy) from beginning its first day of operations there. His “offences” were officially described as being “serious”. Zhao Yong was said to have participated in the 8 February protest march that went from the gates of the former Tieshu Textile Factory into the city centre, and from there to the main railway line, which the workers proceeded to block for several hours. The only evidence offered to indicate why Zhao – out of over 1,000 workers – was one of those singled out for trial was that he was alleged to have stated during the march: “There is an alley here; it leads up to the railway line.”
18. 458. Zhu Guo and Yang Yongcal, remained in custody and were expected to be tried on similar criminal charges.
19. 459. Furthermore, the ICFTU stated that four other Tieshu Textile Factory workers who were detained around the same time, namely, Wang Hanwu, Wei Yiming, Sheng Bing and Hu Wenzhong, had been released at the time of the communication. A fifth detainee, a woman named Chen Xiuhua was sent home by the police in late February 2004 because of illness. According to the ICFTU, at least four of these five workers had been given terms of “re-education through labour” – an administrative punishment imposed by the police which bypasses the criminal justice system. Wang Hanwu had been sentenced to 27 months of re-education through labour, Sheng Bing to 21 months, Wei Yiming to 18 months and Chen Xiuhua to a one-year term. It was unclear whether or not Hu Wenzhong had also been sentenced to re-education through labour prior to his release.
20. 460. The ICFTU added that contrary to due process, the Suizhou authorities reportedly failed to withdraw the formal charges against those released and did not provide documents certifying that their re-education through labour sentences had been revoked. Technically, this meant that the door remained open for any of them to be re-detained or criminally prosecuted at any time. In particular, Wang Hanwu was released although he still had a punishment of 27 months’ re-education through labour hanging over him. Should he continue to take part in any protests, he was likely to have to serve this sentence.
21. C. The Government’s reply
22. 461. In a communication dated 8 September 2004, the Government indicated that, despite several detailed responses which had already been sent to the Committee, another investigation was conducted pursuant to the conclusions and recommendations approved by the Governing Body at its 289th Session in March 2004. The investigation included visits to the Ministry of Public Security, the Ministry of Justice, the Supreme Court and other relevant locations. The Government provided some supplementary information that was obtained through the investigation.
23. Health conditions of Yao Fuxin and Xiao Yunliang under imprisonment
24. 462. The Government indicated that Yao Fuxin, convicted of subversion, was sentenced to a seven-year term by the Intermediary People’s Court of Liaoyang City, Liaoning Province, on 25 June 2003. He was now serving his term at the No. 2 Lingyuan Prison of Liaoning Province (from 17 March 2002 to 16 March 2009). The record of the health check carried out at his entry into the prison showed that he already suffered from various chronic health problems, which the Government listed. His health condition showed marked improvement after treatment.
25. 463. Xiao Yunliang, convicted of subversion, was sentenced to a four-year term by the Intermediary People’s Court of Liaoyang City, Liaoning Province, on 25 June 2003. He was now serving his term at the No. 2 Shenyang Prison of Liaoning Province (from 20 March 2002 to 19 March 2006). The record of the health check carried out when he entered the prison showed that he already had certain problems, which the Government listed. Upon timely treatment, certain symptoms were removed.
26. 464. According to the Government, Yao and Xiao enjoyed the same rights of health care as any other prisoner. The prisons concerned conducted a timely health check and gave professional treatment to the chronic diseases that the two prisoners had when they arrived at their respective prisons. On the question of guaranteeing medical treatment for prisoners, article 54 of China’s Prison Law stipulated: “Prisons should be equipped with medical and sanitary facilities and establish a system for healthy living. The medical and health concerns of the prisons should be part and parcel of the health promotion and epidemic prevention planning of the locality where they are situated.” The prisoners enjoy medical treatment free of charge and receive regular health checks. Their illnesses can be treated in a timely manner. Those conforming to the relevant regulations can be released on bail for medical treatment.
27. Incident of the Iron Tree Group, Suizhou City,
28. Hubei Province
29. 465. The Government indicated that the Iron Tree Group in Suizhou City, Hubei Province, used to be a large-scale state-owned enterprise whose main activities included textile, printing and dyeing and garment manufacturing. For a long period since 1997, the enterprise had fallen into a state of continued stoppage and semi-stoppage. Its debt surpassed its assets by manifold. It was declared legally bankrupt in December 2002. On 8 February 2004, the newly formed Iron Tree Corporation with a reformed structure was to officially begin production. On the morning of that day, about 1,000 ex-workers of the Iron Tree Group attempted to sabotage the opening for production of the new enterprise. They harboured discontent with the process of bankruptcy of the old enterprise and the restructuring of the new enterprise, which involved the issues of restructuring compensation and the loss of employment by some workers. These ex-workers broke into the workshops and disrupted production. They further mobbed the police on duty, wounding the police as well as the government officials who had arrived to mediate the conflict. Thereafter, they barricaded highways and railways, completely cutting off transportation. The incident was subsequently settled to the satisfaction of all sides, thanks to the mediation of the local government and the relevant departments.
30. 466. Wang Hanwu, Zhu Guo, Wei Yiming, Sheng Bing and Chen Xiuhua were all ex-workers of the old Iron Tree Group of Suizhou. According to the Government, they had all committed unlawful acts during the incident and each of them had been dealt with by the relevant judiciary according to their respective crimes. The actions of Wang Hanwu constituted the crime of inciting the masses for the purposes of disrupting public order and transportation. He was detained by the Public Security Bureau of Suizhou City, and was subsequently released. The actions of Zhu Guo constituted the crime of inciting the masses for the purposes of disrupting public order and transportation and was, according to article 291 of the Criminal Law of the People’s Republic of China, sentenced to a one-year term by the People’s Court of the Zengdu District of Suizhou City on 28 June 2004. According to article 19 of the Regulations of the People’s Republic of China for Public Security Sanctions, the Public Security Bureau of Suizhou City gave Wei Yiming and Sheng Bing six days of administrative detention and subsequently released them. It gave Chen Xiuhua seven days of administrative detention and subsequently released her.

D. The Committee’s conclusions

1. 467. In its interim report, the Committee had once again requested the Government to institute independent investigations in respect of allegations concerning: violent police intervention in respect of demonstrations at the Ferrous Alloy Factory (FAF); the beating of Gu Baoshu during his brief detention; the whereabouts of Wang Dawei; the detention of representatives of the PAB Retrenched Workers’ Provisional Union Committee and some 60 other workers on 11 March 2002; the sentencing of Hu Mingjun and Wang Sen (and possibly Zheng Yongliang); the detention and alleged mistreatment of the independent labour activist, Di Tiangui. It had also requested the Government to take the necessary measures for the immediate release of Yao Fuxin and Xiao Yunliang, to provide a copy of the court judgement in the case of subversion brought against them, as well as the appeal heard by the Higher People’s Court of Liaoning Province, and to ensure that Yao Fuxin received all necessary medical attention and treatment as a matter of urgency.
2. 468. With regard to the health condition of Yao Fuxin and Xiao Yunliang under imprisonment, the Committee notes that the Government indicated that both underwent medical examinations when they entered prison and were found to suffer from various chronic illnesses, which the Government listed. They were given professional treatment in their respective prisons (the Lingyuan Prison of Liaoning Province for Yao Fuxin and the Shenyang Prison of Liaoning Province for Xiao Yunliang). According to the Government, Yao Fuxin’s health condition showed marked improvement. As for Xiao Yunliang, certain symptoms were removed. The Government also indicated that both Yao and Xiao enjoyed the same rights of health care as any other prisoner. The prisoners receive regular health checks and their illnesses can be treated in a timely manner. Those conforming to the relevant regulations can be released on bail for medical treatment.
3. 469. The Committee requests the Government to keep it informed of the evolution of the state of health of Yao Fuxin and Xiao Yunliang, as well as their conditions of detention and the medical treatment provided to them within the prison. Noting the Government’s statement that those conforming to the relevant regulations can be released on bail for medical treatment as well as the list of important chronic illnesses from which both individuals were found to suffer, the Committee requests the Government to take the necessary measures to release Yao Fuxin and Xiao Yunliang so that they can receive appropriate medical treatment.
4. 470. The Committee notes with regret that the Government has not provided information with respect to the Committee’s previous request for the copy of the court judgement in the case of subversion brought against Yao Fuxin and Xiao Yunliang, as well as the appeal heard by the Higher People’s Court of Liaoning Province. The Committee must therefore recall that in its previous examinations it had noted the Government’s indication that the events fell within the context of a labour dispute and had requested the Government to drop all charges relating to terrorism, sabotage and subversion. Moreover, noting that Yao Fuxin and Xiao Yunliang were arrested initially simply on charges of illegal demonstration that were transformed nine months later into charges of subversion, the Committee had deplored the fact that they received a trial that lasted all of one day, as well as the serious allegations of blatant disrespect for due process in respect of their trials [see 333rd Report, paras. 380-382]. The Committee therefore requests the Government once again to transmit the previously requested copy of the court judgement in the case of subversion brought against Yao Fuxin and Xiao Yunliang, as well as the appeal heard by the Higher People’s Court of Liaoning Province and any additional information relevant to the due process guarantees afforded in this case.
5. 471. In the absence of the judgements requested in the case of Yao Fuxin and Xiao Yunliang, the Committee emphasizes that when it requests a government to furnish judgements in judicial proceedings, such a request does not reflect in any way on the integrity or independence of the judiciary. The very essence of judicial procedure is that its results are known, and confidence in its impartiality rests on their being known [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 113]. Having no such objective elements available to it to examine whether the sentences against Yao Fuxin and Xiao Yunliang were in no way linked to their trade union activities, the Committee must once again strongly urge the Government to take the necessary measures for their immediate release and to keep it informed of all measures taken in this respect.
6. 472. The Committee notes that according to the additional allegations communicated by the ICFTU with regard to an incident in the Iron Tree Group, Suizhou City, Hubei Province, at least nine workers (Wang Hanwu, Zhu Guo, Chen Kehal, Zhao Yong, Yang Yongcal, Wang Hanwu, Sheng Bing, Wei Yiming and Hu Wenzhong) were arrested on 8 February 2004 on charges of disturbing public order after a demonstration staged by some 1,200 workers at the climax of a 15-month peaceful campaign to recover more than 200 million yuan in back wages, redundancy payments, share options and other entitlements owed to them by the bankrupt factory and to have the Government launch an inquiry into charges of management corruption. The ICFTU stated that the protest was violently dispersed by the police; two of the arrested workers (Chen Kehal and Zhao Yong) were tried under summary procedures, an abbreviated form of trial in which defendants have reduced rights to legal defence in cases where the applicable sentence is no more than three years of imprisonment. According to the ICFTU, no convincing reasons were given as to why Chen Kehal and Zhao Yong were singled out for trial among more than 1,000 workers who protested on 8 February 2004. Two more workers (Zhu Guo and Yang Yongcal) remained in custody and were expected to be tried on similar criminal charges.
7. 473. The Committee notes that the Government replies to the allegations by indicating that the Iron Tree Group in Suizhou City, Hubei Province, used to be a large-scale state-owned enterprise which had fallen into a state of continued stoppage and semi-stoppage since 1997 and was declared legally bankrupt in December 2002. On 8 February 2004, when the newly formed Iron Tree Corporation was to officially begin production with a reformed structure, about 1,000 ex-workers of the company attempted to sabotage the opening for production of the new enterprise, harbouring discontent due to the issues of restructuring compensation and the loss of employment by some workers. The ex-workers broke into the workshops disrupting production and mobbed the police on duty, wounding the police as well as the government officials who had arrived to mediate the conflict. Thereafter, they barricaded highways and railways, completely cutting off transportation. The incident was subsequently settled to the satisfaction of all sides thanks to the mediation of the local government and the relevant departments. According to the Government, Zhu Guo, who was an ex-worker in the old Iron Tree Group of Suizhou, committed the crime of inciting the masses for the purposes of disrupting public order and transportation during the incident of the Iron Tree Group. He was sentenced to a one-year term by the People’s Court of the Zengdu District of Suizhou City on 28 June 2004 in accordance with article 291 of the Criminal Law of the People’s Republic of China.
8. 474. The Committee notes that Zhu Guo should soon be released as he appears to have practically served by now the one-year prison sentence which he received on 28 June 2004 for the crime of inciting the masses to disrupt public order and transportation. It also notes that the Government has not provided any information as to: (1) the outcome of the trial of Chen Kehal and Zhao Yong, who were accused of the same criminal offences as Zhu Guo; (2) the allegations that these two individuals were tried under summary procedures; and (3) the allegations that Yang Yongcal remained in custody and was expected to be tried on similar criminal charges as Chen Kehal, Zhao Yong and Zhu Guo for the incident of the Iron Tree Group.
9. 475. The Committee observes that there is a contradiction between the complainants’ allegations and the Government’s reply as to the violent nature of the demonstration of 8 February 2004. According to the complainants, the police dispersed the demonstrators with force. According to the Government, the demonstrators attempted to sabotage the enterprise and mobbed the police, wounding one officer. The Committee recalls that although the right of holding trade union meetings is an essential aspect of trade union rights, the organizations concerned must observe the general provisions relating to public meetings, which are applicable to all. This principle is contained in Article 8 of Convention No. 87, which provides that workers and their organizations, like other persons or organized collectives, shall respect the law of the land. The authorities should resort to the use of force only in situations where law and order is seriously threatened. The intervention of the forces of law and order should be in due proportion to the danger to law and order that the authorities are attempting to control and governments should take measures to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations which might result in a disturbance of the peace. While persons engaged in trade union activities or holding trade union office cannot claim immunity in respect of ordinary criminal law, trade union activities should not in themselves be used by the public authorities as a pretext for the arbitrary arrest or detention of trade unionists [see Digest, op. cit., paras. 87, 137 and 140]. The Committee requests the Government to transmit the texts of the judgements concerning Zhu Guo, Chen Kehal and Zhao Yong so that it may be in a position to determine whether their arrests were in no way linked to their exercise of legitimate and peaceful trade union activity.
10. 476. As regards the allegations relating to the summary nature of the trial, the Committee recalls that it has always attached great importance to the principle of prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences. The Committee has considered that, when trade unionists have been sentenced under summary procedures, they have not enjoyed all the safeguards of a normal procedure. Accordingly, the Committee has suggested that it should be possible to review cases of trade unionists sentenced under such procedures so as to ensure that no one is deprived of their liberty without the benefit of a normal procedure before an impartial and independent judicial authority [see Digest, op. cit., paras. 109 and 121]. The Committee requests the Government to communicate information as to whether Zhu Guo, Chen Kehal and Zhao Yong have been released and to provide information as to the nature of their trial and the due process safeguards afforded to them. It also requests the Government to provide its reply concerning the arrest and trial of Yang Yongcal.
11. 477. The Committee further notes that, according to the ICFTU, the remaining workers of the nine arrested were given 12- to 27-month sentences of “re-education through labour”, an administrative punishment imposed by the police which bypasses the criminal justice system (Wang Hanwu, Sheng Bing, Wei Yiming, and Chen Xiuhua – possibly also Hu Wenzhong who was detained as well). According to the ICFTU, although all these workers were released after being detained for some time, the Suizhou authorities did not withdraw the formal charges against them and did not provide documents certifying that their re-education through labour sentences had been revoked. This meant technically that they might be detained again or criminally prosecuted at any time. This was particularly the case for Wang Hanwu, who had a 27-month punishment hanging over him and was likely to serve this sentence should he continue to take part in any protests.
12. 478. According to the Government, Wang Hanwu, Sheng Bing, Wei Yiming and Chen Xiuhua were all ex-workers in the old Iron Tree Group of Suizhou who had all committed unlawful acts during the incident of the Iron Tree Group. The actions of Wang Hanwu constituted the crime of inciting the masses for the purposes of disrupting public order and transportation. He was detained by the Public Security Bureau of Suizhou City, and was subsequently released. Sheng Bing and Wei Yiming were given six days of administrative detention by the Public Security Bureau of Suizhou City according to article 19 of the Regulations of the People’s Republic of China for Public Security Sanctions. They were subsequently released. Chen Xiuhua was given seven days of administrative detention and was subsequently released.
13. 479. The Committee observes from the Government’s response that Wang Hanwu, Sheng Bing, Wei Yiming and Chen Xiuhua were released by the police after an administrative detention. However, the Government has not provided a reply to the ICFTU’s allegations that: (1) these four workers had to serve sentences of “re-education through labour”; (2) they continue to face the prospect of being detained or criminally prosecuted as the Suizhou authorities did not withdraw the formal charges against them and did not provide documents certifying that their re-education through labour sentences had been revoked; and (3) Hu Wenzhong was also detained and might have been subjected to “re-education through labour”.
14. 480. The Committee notes that the subjection of workers to the education through labour system without any court judgement is a form of administrative detention which constitutes a clear infringement 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 “system of education through labour” with regard to persons who have already been released, constitutes a form of forced labour and administrative detention of people who have not been convicted by the courts and who, in some cases, are not even liable to sanctions imposed by the judicial authorities. This form of detention and forced labour constitutes without any doubt a violation of basic ILO standards which guarantee compliance with human rights and, when applied to people who have engaged in trade union activities, a blatant violation of the principles of freedom of association [see Digest, op. cit., paras. 67 and 68].
15. 481. The Committee notes that Wang Hanwu, Sheng Bing, Wei Yiming and Chen Xiuhua were released by the police after an administrative detention and requests the Government to issue appropriate instructions so that the sentences imposed on them are formally revoked and the police authorities refrain in the future from applying the measure of “re-education through labour”, which constitutes forced labour, in response to trade union activities.
16. 482. The Committee also requests the Government to transmit its reply to the allegations concerning the temporary administrative detention of Hu Wenzhong.
17. 483. More generally, the Committee notes with grave concern that the Iron Tree Group incident bears a striking resemblance to all the other incidents under examination by the Committee in the framework of this case, namely the Ferrous Alloy Factory (FAF) incident in Liaoyang, the Guangyan Textile Factory incident in Sichuan Province and the Petrochina Petroleum Administration Bureau (PAB) incident in Daqing (Heilongjiang Province). All these incidents concerned workers’ claims for financial compensation, re-employment and investigation of management corruption pursuant to a factory’s bankruptcy or restructuring. The Committee further notes with deep regret that all these incidents were followed by police interventions, arrests, detentions and sometimes long prison sentences against those who participated in the protests. Thus, nine workers were allegedly arrested and imprisoned or subjected to administrative detention and “re-education through labour” following the Iron Tree Group incident (Zhu Guo, Chen Kehal, Zhao Yong, Yang Yongcal, Wang Hanwu, Sheng Bing, Wei Yiming and Chen Xiuhua – possibly also Hu Wenzhong); Yao Fuxin and Xiao Yunliang were arrested and received heavy prison sentences for subversion following the FAF incident in Liaoyang (Gu Baoshu was also allegedly beaten during his brief detention and Wang Dawei disappeared following his interventions in respect of the FAF struggle); Hu Mingjun, Wang Sen and possibly Zheng Yongliang were sentenced to heavy prison terms following the Guangyan Textile Factory incident in Sichuan Province; finally, the representatives of the PAB Retrenched Workers’ Provisional Union Committee and some 60 other workers involved in protest actions in Daqing City as well as an unidentified 50-year-old woman and a retired worker, Li Yan, were detained following the PAB incident in Daqing (Heilongjiang Province).
18. 484. The Committee deeply regrets the massive arrests and imprisonments which repeatedly took place in the contexts of the above labour disputes. The Committee recalls once again that the arrest of trade unionists may create an atmosphere of intimidation and fear prejudicial to the normal development of trade union activities, and that the detention of trade union leaders or members for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular [see Digest, op. cit., paras. 71 and 76].
19. 485. The Committee must also reiterate that the development of free and independent organizations and negotiation with all those involved in social dialogue is indispensable to enable a government to confront its social and economic problems and resolve them in the best interests of the workers and the nation. Development needs should not justify maintaining the entire trade union movement of a country in an irregular legal situation, thereby preventing the workers from exercising their trade union rights, as well as preventing organizations from carrying out their normal activities. A balanced economic and social development requires the existence of strong and independent organizations which can participate in the process of development [see Digest, op. cit., paras. 24 and 25].
20. 486. The Committee finally notes with regret that the Government has provided no additional information in reply to the Committee’s previous recommendations concerning the independent investigations requested on the following issues: violent police intervention in respect of the demonstrations at FAF; allegations that Gu Baoshu was beaten during his brief detention; the whereabouts of Wang Dawei; allegations that representatives of the PAB Retrenched Workers’ Provisional Union Committee and some 60 other workers were detained on 11 March 2002; the sentencing of two democratic opposition activists, Hu Mingjun and Wang Sen (and possibly Zheng Yongliang) to heavy prison terms for acting on behalf of the organizing workers; and the detention and mistreatment of the independent labour activist, Di Tiangui. In these circumstances, the Committee can only urge the Government to refrain in future from addressing issues which are essentially of a labour nature through violent police interventions, arrests, detentions and long prison sentences. It requests the Government to keep it informed of the evolution regarding the above allegations.
21. 487. In light of the numerous outstanding requests for information and action, and convinced that the development of free and independent trade unions and employers’ organizations is indispensable for social dialogue and to enable a government to confront its social and economic problems and resolve them in the best interests of the workers and the nation, the Committee once again strongly urges the Government to respond positively to its previous suggestion for a direct contacts mission.

The Committee's recommendations

1. 488. In the light of its foregoing conclusions, the Committee requests the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to keep it informed of the evolution of the state of health of Yao Fuxin and Xiao Yunliang as well as their conditions of detention and the medical treatment provided to them within the prison. Noting the Government’s statement that those conforming to the relevant regulations can be released on bail for medical treatment, as well as the list of important chronic illnesses from which both individuals were found to suffer, the Committee requests the Government to take the necessary measures to release Yao Fuxin and Xiao Yunliang so that they can receive appropriate medical treatment.
   • (b) The Committee requests the Government once again to transmit the previously requested copy of the court judgement in the case of subversion brought against Yao Fuxin and Xiao Yunliang, as well as the appeal heard by the Higher People’s Court of Liaoning Province and any additional information relevant to the due process guarantees afforded in this case.
   • (c) Having no objective elements available to it to examine whether the sentences against Yao Fuxin and Xiao Yunliang were in no way linked to their trade union activities, the Committee must once again strongly urge the Government to take the necessary measures for their immediate release and to keep it informed of all measures taken in this respect.
   • (d) The Committee requests the Government to transmit the texts of the judgements concerning Zhu Guo, Chen Kehal and Zhao Yong so that it may be in a position to determine whether their arrests were in no way linked to their exercise of legitimate and peaceful trade union activity.
   • (e) The Committee requests the Government to communicate information as to whether Zhu Guo, Chen Kehal and Zhao Yong have been released and to provide information as to the nature of their trial and the due process safeguards afforded to them. It also requests the Government to provide its reply concerning the arrest and trial of Yang Yongcal and the temporary administrative detention of Hu Wenzhong.
   • (f) The Committee notes that Wang Hanwu, Sheng Bing, Wei Yiming and Chen Xiuhua were released by the police after an administrative detention and requests the Government to issue appropriate instructions so that the sentences imposed on them are formally revoked and the police authorities refrain in future from applying the measure of “re-education through labour”, which constitutes forced labour, in response to trade union activities.
   • (g) The Committee notes that all the incidents under examination in the framework of this case concerned workers’ claims for financial compensation, re-employment and investigation of management corruption pursuant to a factory’s bankruptcy or restructuring, and that the Government has provided no additional information in reply to the Committee’s previous recommendations concerning the independent investigations requested on the following issues: violent police intervention in respect of the demonstrations at FAF; allegations that Gu Baoshu was beaten during his brief detention; the whereabouts of Wang Dawei; allegations that representatives of the PAB Retrenched Workers’ Provisional Union Committee and some 60 other workers were detained on 11 March 2002; the sentencing of two democratic opposition activists, Hu Mingjun and Wang Sen (and possibly Zheng Yongliang) to heavy prison terms for acting on behalf of the organizing workers; and the detention and mistreatment of the independent labour activist, Di Tiangui. In these circumstances, the Committee can only urge the Government to refrain in future from addressing issues which are essentially of a labour nature through violent police interventions, arrests, detentions and long prison sentences. It requests the Government to keep it informed of the evolution regarding the allegations which are still pending.
   • (h) In light of the numerous outstanding requests for information and action, and convinced that the development of free and independent trade unions and employers’ organizations is indispensable for social dialogue and to enable a government to confront its social and economic problems and resolve them in the best interests of the workers and the nation, the Committee once again strongly urges the Government to respond positively to its previous suggestion for a direct contacts mission.