Informe provisional - Informe núm. 286, Marzo 1993

Caso núm. 1652 (China) - Fecha de presentación de la queja:: 02-JUN-92 - Cerrado

1. 674. In a communication dated 2 June 1992, the International Confederation of Free Trade Unions (ICFTU) filed a complaint against the Government of China for violation of trade union rights. The complainant organization made fresh allegations and provided additional information in communications dated 4 June and 24 August 1992.
2. 675. The Government submitted its statements in communications dated 19 October 1992 and 13 January 1993.
3. 676. China has ratified neither the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), nor the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 677. The ICFTU stated in its complaint that, three years after the brutal suppression of fundamental human rights and trade union rights in June 1989, the Government of the People's Republic of China has once again demonstrated its utter disregard for the principle of freedom of association.
2. 678. To be more precise, the ICFTU reports that, on 3 April 1992, the National People's Congress adopted a new Trade Union Act, after a so-called process of discussion that lasted for 14 years. According to the ICFTU, the provisions of this Act are contrary to the standards of the ILO and to the recommendations formulated by the Freedom of Association Committee for Case No. 1500.
3. 679. According to section 1, the Act has been promulgated to enable the trade unions to "further socialist modernization". As one official commentary on the Act indicates, "furthering socialist modernization" means acting on the instructions of the Chinese Communist Party and being guided by the Marxist-Leninist thought of Mao Zedong; consequently, according to the ICFTU, the unions are denied the right to formulate their own programmes, as established in Article 3(1) of Convention No. 87. By passing this legislation, the public authorities have therefore committed an act of interference in breach of Article 3(2) and Article 8(2) of the Convention.
4. 680. Moreover, the ICFTU states that under the provisions of the Act, the local unions are firmly controlled by the Chinese Federation of Trade Unions, which, in its turn, is under the strict control of the Chinese Communist Party. While the workers may, in theory, form organizations on their own initiative, these unions cannot acquire legal personality unless they are approved by the Chinese Federation of Trade Unions, in breach of Articles 2 and 7 of Convention No. 87.
5. 681. According to the ICFTU, other provisions of the Act indicate that the main reason for its adoption was to establish the unions as intermediaries between workers and employers with a view to protecting the latter. Thus, for example, the provisions in respect of work stoppages specify that the unions "shall work with the managements or parties concerned and conduct talks on such reasonable demands of the workers as can be satisfied, and normalize production as soon as possible". In respect of health and safety, the unions may only suggest that management take appropriate measures. The same also applies in respect of wages and health and safety in joint venture enterprises. According to the ICFTU, recent reports bear witness to the fact that such enterprises can freely declare redundancies, as happened in the case of the Shangai-Bell enterprise in 1991.
6. 682. Government action is likewise directed against independent trade union militants. Mr. Han Dongfang, the leader of the Beijing Autonomous Workers' Federation, has been forcibly prevented from carrying out his trade union activities and has been subjected to continual pressure - including physical brutality - with a view to putting a stop to his campaign for free and independent trade unionism. On 19 March 1992, Han Dongfang was prevented by the police from holding a minor demonstration on Tien-An-Men Square, during which he intended to demand the authorization to form independent trade unions. On 14 May 1992, he was beaten unconscious by court officials who had summoned him to discuss a dispute concerning an apartment. He was also locked up in a small cell for an hour. According to the ICFTU, Han Dongfang, who was released in April 1991 after two years of detention without trial, is being persecuted by his employer, the Beijing Railway Authority. On 30 May 1992, the enterprise refused to issue him with a document needed when applying for a passport, whereas, under intense international pressure, the authorities had announced that he would be free to leave the country. The enterprise also told his wife that it would not pay the bill from the hospital where he had been treated following the beating he had received in the court. The ICFTU emphasized the fact that Mr. Han Dongfang had stated that he was prepared to cooperate with the Federation of Chinese Trade Unions if the latter became democratic and genuinely concerned with the workers' interests, which it has not done up to the present.
7. 683. On the contrary, the ICFTU continues, the Free Trade Union of China, a new independent, clandestine organization which proclaimed its existence on 15 May 1992, maintains that the Federation of Chinese Trade Unions and the Communist Party have formed an alliance with a view to eliminating all independent worker organizations. Thus, in March 1992, the Communist Party circulated a directive to all state enterprises, referring to the unions as "anti-Party" and "anti-socialist" organizations and demanding an in-depth investigation to track down the Free Trade Union of China.
8. 684. The ICFTU emphasizes that hundreds of workers are being detained for having exercised their trade union rights. It has supplied a list of leading members and advisers from autonomous labour federations detained (see Annex). Administrative detention measures and forced labour - which the system calls education through work - are still being applied to workers who are involved in trade union activities. In this respect, the ICFTU mentions the case of Tang Yuanjuan, assistant mechanic in the Changchun No. 1 automobile factory, who was consigned with four of his companions to forced labour in the Lingyuan camp in the province of Lianong. They had been sentenced in November 1990 to between two and 20 years' imprisonment for having organized peaceful demonstrations and discussions with their colleagues.
9. 685. In its communication of 4 June 1992, the ICFTU alleged that Mr. Han Dongfang had been arrested by the Beijing police on 3 June with three independent union militants who were not identified at the time. Han Dongfang and his companions had intended to organize a silent demonstration in Beijing on 4 June to commemorate the third anniversary of the Government's suppression of the democratic movement. After spending the night at the police station, Mr. Han Dongfang was taken to his home by the police who ordered him to remain at home and surrounded his house with vehicles. According to the ICFTU, he is now under house arrest.
10. 686. In its communication of 24 August 1992, the ICFTU reported that the three persons arrested at the same time as Mr. Han Dongfang are Messrs. Zou Guoqiang, Zhang Jinli and Song Jie. Two other Beijing militants, Liu Jingsheng and Wang Guoqi, were arrested on the same day.

B. The Government's reply

1. 687. In its communication of 19 October 1992, the Government stated that the accusations made against it were unfounded. This was a serious case of interference in the internal affairs of a sovereign State. A totally false connection had been made between a civil dispute concerning Han Dongfang's apartment and the question of freedom of association. The inclusion of this "complaint" in the list of cases submitted to the Committee on Freedom of Association was thus inappropriate and totally unacceptable to the Government.
2. 688. According to the Government, the ICFTU "complaint" at least demonstrated that organization's prejudice against China and its ignorance of the situation. In fact, the Government had always placed great importance on the protection of freedom of association. The Constitution contained provisions clearly stating that Chinese citizens enjoyed extensive rights, especially in the field of trade unions. According to article 35 of the Constitution, citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.
3. 689. On 3 April 1991, the National People's Congress adopted a new Act concerning trade unions. In conformity with the Constitution, section 3 of the Act clearly establishes that "all persons engaged in manual or intellectual work and employed by an enterprise, an institution or an office in Chinese territory, and who are primarily wage-earners, have the right to form and join trade unions, in conformity with the law, regardless of their ethnic status, their race, sex, occupation, religious beliefs or level of education". According to the Government, this proves that the right of workers to form and join organizations of their choice is guaranteed in full.
4. 690. As regards Mr. Han Dongfang, the Government states that, on 14 May, this person quarrelled with members of the court personnel over a dispute concerning his apartment. A stop was put to his attacks against the court. In August, Han Dongfang withdrew his complaint. This has nothing to do with freedom of association.
5. 691. The Government added that the cases concerning members of workers' autonomous federations, illegal organizations, had been settled in conformity with the judicial procedures in force in China. Explanations in this respect had already been provided in the context of Case No. 1500. Han Dongfang and his wife had recently left China having obtained the necessary passes under the normal procedures. They are at present in the United States. It is not difficult to deduce, according to the Government, that the "complaint" of the ICFTU is politically motivated. The reputation of the ILO would be called in question if this "complaint" were to be included in the list of cases before the Committee, contrary to the position expressed by the Government.
6. 692. In its communication of 13 January 1993, the Government stated that the ICFTU accusation that the new Trade Union Act (which stipulates that the trade unions should "further socialist modernization") has deprived the workers' organizations of their freedom to formulate their programmes in conformity with Article 3(1) of Convention No. 87, was indefensible. The Government points out that section 1 of this Act states that "it was formulated in accordance with the Constitution of the People's Republic of China and with a view to guaranteeing the position of the trade unions in the country's political, economic and social life, to define their rights and obligations and to establish their role in the cause of socialist modernization". The primary objective which guided the preparation of the Act was to ensure the place of the trade unions in national life. China's Constitution proclaims that "China is a socialist State led by the working class", and the Trade Union Act states that "the trade unions are mass working class organizations formed by the workers of their own free will". The Government maintains that all these provisions clearly demonstrate that the trade unions in China are mass organizations formed by the country's ruling class, which means that the important position of the unions in the country's social life and the extensive rights that they enjoy are fully guaranteed.
7. 693. The Government goes on to state that the progressive advance and remarkable achievements of socialist modernization, which have made the country flourish and its people prosper, have made it possible for the workers to improve their living conditions considerably. This cause has won the support of the working masses, and the statutes of the Chinese trade unions, approved by the National Congress of Trade Unions of China, expressly stipulate that "the principal role of the working class must be brought fully into play in the construction of material and spiritual socialist civilizations". It is therefore obvious, according to the Government, that the new Trade Union Act, by demanding that "the unions should play a role in socialist modernization", is a response to the demands and aspirations of the workers and corresponds to the fundamental interests of hundreds of millions of Chinese workers and their organizations.
8. 694. The Government also declares that, in their activities, the Chinese trade unions have always acted independently, in accordance with Chinese law and trade union statutes. Section 4 of the new Act stipulates that the unions "shall work independently in conformity with the trade union statutes", and that "the National Congress of Trade Union Representatives shall undertake to elaborate or revise the Chinese trade union statutes". The Act further contains provision that "the State shall defend the legitimate rights and interests of the trade unions against all violations". The Government concludes that Chinese law and practice are in conformity with the right of the trade unions to draw up their own constitutions and rules, as guaranteed by Convention No. 87.
9. 695. In respect of the ICFTU allegation that Articles 2 and 7 of the Convention on freedom of association are being violated in China, since the grass-roots unions are placed under the strict control of the National Federation of Trade Unions of China, and since the establishment of trade unions requires the authorization of the Federation, the Government maintains that it is untenable. The Government quotes from the new Trade Union Act, which stipulates that "a National Federation of Trade Unions of China shall be established as the country's amalgamated trade union organization" (section 12), and that "the establishment of grass-roots organizations, regional trade union federations, sectoral trade union organizations at national or local level shall be subject to the approval of the organization immediately above it" (section 13), and it considers that these articles concern the principle governing the organization and operation of the trade unions, making it possible to increase the number of trade union members and to gather together the opinions of the trade unions at different levels, so that the workers' rights and interests may be the better protected.
10. 696. The Government explains that the establishment by law of an amalgamated federation of trade unions at national level was determined by China's historical and present context and is in keeping with the aspirations of the vast majority of workers and their unions. The emergence, during the "Cultural Revolution" of 1966 to 1976, of innumerable trade union organizations, with the accompanying trade union pluralism and sectarianism, exacerbated the contradictions among the workers and gave rise to agitation and instability in the country. The workers, who had suffered from this fragmentation, called for trade union unity in order the better to support the interests of the workers as a whole. The new Trade Union Act clearly states that workers have the right to join trade unions or to organize them in conformity with the law, without any distinction whatsoever. Consequently, the Government considers that the relevant provisions of the Act are entirely compatible with Articles 2 and 7 of Convention No. 87.
11. 697. As for the allegation by the ICFTU that "the main reason for the adoption of the new Act concerning the trade unions is to establish the unions firmly in their role of intermediaries between the workers and the employers with a view to defending the interests of the latter as is borne out by the provisions concerning work stoppages", the Government considers this to be an arbitrary judgement and a tactless and absurd interpretation. It points out that section 6 of the new Act stipulates "by defending the global interests of the entire Chinese people, the trade unions are protecting the legitimate rights and interests of the workers", that it has increased the rights of the trade unions and that, at the same time, many other laws also contain concrete provisions concerning the trade unions' defence of the workers' interests. The Government quotes, as examples, the Act concerning industrial enterprises owned by the entire people and the Act concerning safety in mines, under the terms of which the workers' assemblies are government bodies enabling the workers to engage in democratic management, that "the union committees at the workplace deal with the day-to-day affairs of the workers' assemblies" and that the workers' assemblies have the right to examine, approve or veto, as the case may be, a number of decisions concerning the enterprises. It is therefore clear, according to the Government, that the body of relevant laws unequivocally protects the trade unions in order to preserve the workers' interests.
12. 698. In respect of the participation of trade unions in the "amicable settlement" of such problems as work stoppages or selective strikes, the Government specifies that this is also a right designed to ensure the solution of "problems that have been raised by the employees in a reasonable manner and that can be settled". On this basis, it helps "to restore the normal order of production". The Government adds that negotiated settlement of disputes between employees and employers is an internationally accepted practice.
13. 699. As to the matter of strikes, the Government states that, while the Constitution has not prescribed this right, it has not banned it; nor have the other laws. Such work stoppages and strikes as have occurred (according to the Government, a few dozen in 1990 in the province of Gaungdong occasioned by the violation of statutory provisions and labour contracts in foreign-owned enterprises, and a few work stoppages in unprofitable or loss-making state enterprises) were settled fairly as a result of consultations between the parties concerned in the spirit of the defence of the interests of the workers and of the enterprises, and the preservation of social stability.
14. 700. In respect of the allegation concerning the arbitrary dismissal of 46 workers by the Shangai-Bell Company in 1991, the Government declares that this accusation is unfounded and that a Ministry of Labour investigation has revealed that only four workers were dismissed for having infringed disciplinary regulations, 55 other workers having left the enterprise for various reasons (return to the unit of origin after expiry of the transfer contract, decision by the workers not to request extension of contracts that had reached their term, retirement, departure for another country, health reasons). It explains that, in accordance with the regulations on labour management in joint venture enterprises, these enterprises have the right to dismiss workers who have seriously infringed labour regulations. It is obvious therefore that the above-mentioned cases are part of the normal movement of labour and not arbitrary dismissals.
15. 701. Returning to the situation of Mr. Han Dongfang, the Government claims to have obtained the following information from the departments concerned: Han Dongfang and a few other persons were prevented, at the beginning of June 1992, from organizing a demonstration in Tien-An-Men Square because they had not registered in advance with the competent Beijing local government departments, in violation of local government regulations concerning demonstrations and assemblies. According to the Government, Zhou Guoqiang, Zhang Yanan, Song Jie and other persons who were with Han Dongfang have never been questioned, interrogated or detained by the police. Han Dongfang, who was involved in a property dispute, came into conflict with the tribunal personnel and disrupted the proceedings of the court without good reason, following which he was arrested. The Government repeats its statement that Han Dongfang, having withdrawn from this civil action of his own accord in August 1992, obtained permission to leave China and is at present living with his wife in the United States.
16. 702. In respect of the "complaint" concerning Tang Yuanjuan, employed at the Changchun No. 1 automobile factory, and his accomplices, the Government states that, according to the police authorities in the town of Changchun, a tiny handful of persons, among them Tang Yuanjuan, in a vain attempt to overthrow the lawful Government of China by subversion, violated Chinese criminal laws. Tang Yuanjuan and his accomplices, Lin Wei and Leng Wanbao, received prison sentences of 10, three and seven years respectively, for the crime of subversion.
17. 703. The Government has also supplied information concerning the list of persons accompanying the ICFTU complaint and states that, having questioned the police authorities, it has obtained the following information: 13 persons have been released, acquitted of criminal responsibility; 11 persons have received prison sentences of between three and 15 years for disturbance of public order, the crime of subversion against the Government, looting or theft. It adds that a certain Chen has not been identified as no first name was given, and that the other persons on the ICFTU list have never been questioned, interrogated or detained, either by the state security services or by the police authorities (see annex).
18. 704. The Government concludes by formally stating that, in view of the Trade Union Act and bearing in mind the above, the "complaint" filed by the ICFTU against China is totally unfounded.

C. The Committee's conclusions

1. 705. Before examining the substance of the case, the Committee considers itself obliged to reply to the objections raised by the Government in respect of procedure. The Government considers that the accusations made against it constitute a serious act of interference in the internal affairs of China and that the inclusion of the complaint on the list of cases pending before the Committee is both inappropriate and unacceptable.
2. 706. The Committee notes that the Government had already developed this same type of argument on the occasion of an earlier case concerning China. (See 268th Report, Case No. 1599, para. 691.) The Committee is obliged to refer to the comments formulated by it on that occasion. The Committee is bound to point out that the ILO, by virtue of its Constitution, was established, in particular, to improve conditions of labour and to promote freedom of association in the various countries. It follows, as emphasized by a Commission on Inquiry appointed by the Governing Body (see Official Bulletin, special supplement, Vol. LXVII, 1984, series B, para. 466), that the matters dealt with by the Organization in this connection no longer fall within the exclusive sphere of States and that the action taken by the Organization for the purpose cannot be considered to be undue interference in internal affairs, since it falls within the terms of reference that the ILO has received from its Members with a view to attaining the aims assigned to it. The Committee therefore considers the Government's objection to be devoid of legal relevance.
3. 707. In respect of the statement concerning the inappropriateness of opening a case, the Committee is bound to point out that the complaint filed is perfectly admissible, since it was submitted by an organization possessing general consultative status within the ILO. It was therefore transmitted to the Government by the ILO which was bound to act thus under the terms of the procedure.
4. 708. Bearing all these elements in mind, the Committee therefore considers itself obliged to examine the matter in question.
5. 709. The Committee points out that this case concerns questions of law and questions of fact. In respect of the first aspect of the case, the complainant organization alleges that the new Trade Union Act adopted in April 1992 is contrary to ILO standards and principles. As for the questions of fact raised by the ICFTU, they concern pressure - including physical pressure - brought to bear against independent trade union militants, conviction, detention, and dismissal of workers and measures to obstruct the functioning of independent unions, in particular the Free Trade Union of China which announced its existence in May 1992.
6. 710. In respect of the new Trade Union Act, the ICFTU condemns in particular the obligation on the trade unions to further socialist modernization; the control exercised by the Federation of Chinese Trade Unions on the grass-roots organizations; and the obligation on the unions, in cases of work stoppages, to take part in consultations and to normalize production as soon as possible, and the obligation of trade unions to follow the instructions of the Communist Party.
7. 711. The Government, for its part, argues that the Act, by demanding that socialist modernization be turned to good account, is acting in response to the workers' aspirations as expressed by the National Trade Union Congress. The unitary nature of the Trade Union Federation is likewise in keeping with the will of the workers and is explained by China's historical and present context. Finally, trade union participation in the amicable settlement of problems is intended to ensure their solution, in conformity with international custom.
8. 712. The Committee has examined those provisions of the Trade Union Act referred to in the allegations. It points out that, under the terms of section 1, the Act was adopted in order to guarantee the status of trade unions in the country's political, economic and social life, to define the rights and obligations of trade unions and to enable them to take an active part in socialist modernization. The Committee considers that this provision is couched in general terms without imposing particular obligations and, for this reason, does not constitute a violation of freedom of association.
9. 713. However, the Committee observes that this provision is supplemented by other sections that place greater constraints on the trade union organizations. Thus, under the terms of section 5 "the trade unions shall organize and educate workers and employees ... in order to ... defend the power of the socialist State". In accordance with section 8 "the trade unions shall mobilize and educate workers and employees so that they ... respect work discipline". They "shall organize workers and employees by conducting socialist emulation campaigns at the workplace". Finally, section 9 stipulates that "the trade unions shall educate workers and employees ... in order to strengthen their ideological convictions".
10. 714. The Committee considers that the functions assigned to the trade unions by this body of provisions must necessarily limit their right to organize their activities, contrary to the principles of freedom of association. It is of the opinion that the obligations thus defined, which the unions must observe, prevent the establishment of trade union organizations that are independent of the public authorities and of the ruling party, and whose mission should be to defend and promote the interests of their constituents and not to reinforce the country's political and economic system.
11. 715. In respect of the control exercised by the Federation of Chinese Trade Unions over the grass-roots organizations, the Committee points out that, by virtue of section 11, "the trade union organizations at the various levels shall be formed in accordance with the principle of democratic centralism" and "the trade union organizations at a lower level are subject to the trade union organizations of the levels immediately above them". Furthermore, under the terms of section 4, "the National Congress of Trade Union Members shall establish and amend the constitutions of trade unions in China". Section 13 specifies that "the establishment of grass-roots trade unions, local federations and national or local branch organizations shall be subject to approval by the unions at the level immediately above". Finally, "the Single Federation of Trade Unions of China shall be established for the entire country".
12. 716. It appears obvious therefore, in the Committee's view, that this legislation imposes a single trade union structure in the country. The Committee has indeed taken note of the Government's statements that the unitary nature of the Federation is in keeping with the will of the workers and can be explained by China's historical and present context. However, the Committee is bound to emphasize that, even in a situation where, historically speaking, the trade union movement has been organized on a unitary basis, the law should not institutionalize this situation by referring, for example, to the Single Federation by name, even if it is referring to the will of an existing trade union organization. In fact, the rights of workers who do not wish to join the Federation or the existing trade unions should be protected, and such workers should have the right to form organizations of their own choosing, which is not the case in a situation where the law has imposed the system of the single trade union.
13. 717. The Committee also takes the view that subjecting grass-roots organizations to the control of trade union organizations at a higher level, the approval of their establishment by the latter, and the establishment by the National Congress of Trade Union Members of the constitutions of Chinese trade unions constitute major constraints on the right of the unions to establish their own constitutions, organize their activities and formulate their programmes.
14. 718. As regards labour disputes, the Committee takes note that "the union shall participate in conciliation procedures in the event of a labour dispute within the enterprise. The regional institutions responsible for arbitration in cases of labour disputes shall include representatives of the trade unions at the appropriate levels" (section 20 of the Trade Union Act). Moreover, "in the case of a work stoppage or go-slow in an enterprise, the union, in association with the administrative authorities or the parties concerned in the enterprise, shall seek, by means of consultation, to satisfy the reasonable requests of the employees and workers, so as to ensure a return to normal production as soon as possible" (section 25).
15. 719. The Committee takes note of the role that the Act assigns to trade union organizations with a view to settling labour disputes. These provisions, couched in general terms, do not in themselves imply that it is illegal to resort to strike action. The Committee further notes that neither the Constitution nor the Trade Union Act deal with the right to strike, either to authorize it or to ban it. However, the Committee is aware of the terms of the provisional regulations concerning labour disputes in state enterprises, which were published in the Official Gazette of 31 August 1987 and came into effect on 15 August 1987. These regulations establish conciliation and arbitration procedures to resolve collective and individual labour disputes. Where the conciliation procedure results in an agreement, the two parties are bound to respect and apply the agreement rigorously. Should no agreement be reached, one of the two parties may request arbitration (section 14). In the event of an objection to the arbitral award, one or both parties may appeal to the People's Court of Justice (section 25). Finally, any person involved in a labour dispute who causes a disturbance in the mediation and arbitration proceedings or disrupts normal work or production processes will be punished in accordance with the provisions of the final regulation concerning public safety of the People's Republic of China (section 28).
16. 720. The Committee observes that these provisions appear to introduce a conciliation and arbitration procedure to settle labour disputes which allows no possibility of resorting to strike action, as this would appear to be liable to sanctions under the terms of section 28. If such is indeed the case, this situation would be contrary to the principles of freedom of association. The Committee therefore requests the Government to provide details on legislation and practice in respect of the settlement of collective labour disputes and to specify in particular whether the provisional regulations of 1987 are still in force.
17. 721. As regards the allegations of fact formulated by the ICFTU, the Committee takes note of the observations submitted by the Government concerning the situation of Mr. Han Dongfang, leader of the Beijing Autonomous Workers' Federation. The Committee, while regretting the fact that he had initially encountered difficulties with regard to leaving the territory, notes in particular that Mr. Han Dongfang was finally allowed to leave China and that he is at present living in the United States. Nevertheless, it asks the Government to supply its observations on the allegations according to which Mr. Han Dongfang has been subjected to pressure, including physical beatings.
18. 722. The Committee notes, on the other hand, that Mr. Han Dongfang and several other persons mentioned by the complainant were prevented from organizing a demonstration in Tien-An-Men Square in June 1992, but that they had not been arrested.
19. 723. With regard to the ICFTU allegation that Messrs. Tang Yuanjuan and two of his four companions, Lin Wei and Leng Wambao, had been sentenced by the police authorities of the town of Changchun to ten, three and seven years of imprisonment and forced labour, respectively, the Committee notes that, according to the Government, these named persons had committed acts of subversion and attempted to overthrow the Government. The Committee, considering that these comments are of too general a nature to allow it to pronounce an opinion with full knowledge of the facts, requests the Government to specify precisely what concrete acts were committed by the persons concerned that they should have been convicted of subversion. However, in this respect the Committee must recall, as it already did in Case No. 1500 (see 279th Report, para. 637) that the "education through labour" system constitutes a clear infringement of basic human rights, the respect of which is essential for the exercise of trade union rights.
20. 724. With regard to the list provided by the ICFTU in the annex to its complaint, containing the names of persons who, according to that organization, were arrested and in some cases sentenced, the Committee notes that the Government has supplied information on all persons appearing on that list. According to this information, 13 persons have been released, acquitted of criminal responsibility, and 11 persons have received prison sentences ranging from between three and 15 years, in particular for subversion, disturbance of public order, looting or theft. The other persons mentioned on the list have, according to the Government, never been questioned, interrogated or detained.
21. 725. Although noting that certain persons mentioned in the complaint have been released, the Committee is bound to express its acute concern at the severity of the sanctions pronounced by the tribunals, very often on grounds of disturbance of public order, charges which, in view of their general character, might make it possible to repress activities of a trade union nature. As it did on the occasion of Case No. 1500, the Committee requests the Government to arrange for the cases in question to be re-examined in order to put an end to these detentions. The Committee requests the Government to provide it with information concerning further developments in this respect.
22. 726. With regard to the allegations concerning the dismissal of workers at the Shangai-Bell enterprise, the Committee notes that the Government has explained that four workers were dismissed for breach of disciplinary regulations. As the communication from the complainant made no mention of trade union grounds for these dismissals, the Committee is not in a position to pronounce an opinion in this respect.
23. 727. Finally, the Committee points out that the ICFTU had alleged that a Communist Party directive had demanded an in-depth investigation to track down the Free Trade Union of China, an independent organization which had announced its existence in May 1992. The Committee requests the Government to submit its comments on this allegation.

The Committee's recommendations

1. 728. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Taking note that many provisions of the Trade Union Act adopted in April 1992 are contrary to the ILO's fundamental principles concerning the right of workers without distinction whatsoever to form and join organizations of their own choosing without previous authorization and the right of trade unions to establish their constitutions, organize their activities and formulate their programmes, the Committee requests the Government to take the necessary steps to ensure that the provisions in question, mentioned in the conclusions, are modified.
   • (b) The Committee requests the Government to provide information on legislation and practice in respect of collective labour dispute settlement and to indicate in particular whether the provisional regulations of 1987 are still in force.
   • (c) The Committee asks the Government to supply its observations on the allegations according to which Mr. Han Dongfang has been subjected to pressure, including physical beatings.
   • (d) The Committee requests the Government to state precisely what concrete acts were committed by Messrs. Tang Yuanjuan, Lin Wei and Leng Wambao that they should have been convicted of subversion by the police authorities of Changchun.
   • (e) Although noting that certain persons mentioned in the complaint have been released, the Committee expresses its serious concern at the severity of the sanctions pronounced by the tribunals against the workers who are members or leaders of workers' autonomous federations; it asks that these cases be re-examined in order to put an end to the detention of these workers mentioned in the annex. It requests the Government to provide it with information on further developments in this respect.
   • (f) The Committee requests the Government to submit its observations on the allegations concerning the demand by the Communist Party that an in-depth investigation be conducted to track down the Free Trade Union of China.

Z. ANNEX

• Workers' Autonomous Federation (WAF) leaders and militants arrested
• Name:
• Allegations by the complainant.
• Government reply
• Changsha AWF
  1. 1 Cai Jinxuan:
• Detained for eight months, now released.
• Released, acquitted of criminal responsibility
  2. 2 Chen Bing:
• Still detained, no information on any trial.
• Never questioned, interrogated or detained
  3. 3 Chen Shuai:
• Sentenced to two years' imprisonment, now released.
• Released, acquitted of criminal responsibility
  4. 4 Chen:
• Sentenced to death, executed.
• Unidentifiable, no first name supplied
  5. 5 He Zhaojui:
• Sentenced to four years' imprisonment.
• Sentenced to four years' imprisonment for disturbance
• of public order
  6. 6 Hu Nianyou:
• Sentenced to life imprisonment.
• Sentenced to ten years' imprisonment on charges of looting
  7. 7 Li Jian:
• Sentenced to an unknown punishment.
• Sentenced to three years' imprisonment for disturbance
• of public order
  8. 8 Li Jie:
• Detained for one year, now released.
• Released, acquitted of criminal responsibility
  9. 9 Li Xin:
• Sentenced to three years' imprisonment.
• Never questioned, interrogated or detained
  10. 10 Liu Jianwei:
• Sentenced to three years' re-education through work.
• Never questioned, interrogated or detained
  11. 11 Liu Wei:
• Sentenced to two years' re-education through work,
• imprisonment for the now released.
• Sentenced to five years' crime of subversion against
• the Government
  12. 12 Liu Xingqi:
• Detained for six months, now released.
• Sentenced to five years' imprisonment for theft
  13. 13 Liu Yi:
• Sentenced to an unknown punishment.
• Released, acquitted of criminal responsibility
  14. 14 Lu Zhaixing:
• Sentenced to three years' imprisonment.
• Released, acquitted of criminal responsibility
  15. 15 Pan Mingdong:
• Sentenced to two years' re-education through work.
• Released, acquitted of criminal responsibility
  16. 16 Peng Yuzhang:
• Interned in a psychiatric hospital.
• Released, acquitted of criminal responsibility
  17. 17 Tang Yixin:
• Not yet tried.
• Released, acquitted of criminal responsibility
  18. 18 Wang Changhuai:
• Sentenced to three years' imprisonment.
• Never questioned, interrogated or detained
  19. 19 Wang Hong:
• Not yet tried.
• Never questioned, interrogated or detained
  20. 20 Wu Tongfan:
• Sentenced to an unknown punishment.
• Never questioned, interrogated or detained
  21. 21 Yang Hong:
• Not yet tried.
• Released, acquitted of criminal responsibility
  22. 22 Yao Guisheng:
• Sentenced to 15 years' imprisonment.
• Sentenced to 15 years' imprisonment for looting
  23. 23 Zhang Jingsheng:
• Sentenced to 13 years' imprisonment.
• Sentenced to 13 years' imprisonment for subversion
• against the Government
  24. 24 Zhang Xiong:
• Sentenced to five years' imprisonment.
• Sentenced to five years' imprisonment for looting
  25. 25 Zhang Xudong:
• Sentenced to four years' imprisonment.
• Sentenced to four years' imprisonment for disturbing
• public order
  26. 26 Zheng Yujua:
• Not yet tried.
• Never questioned, interrogated or detained
  27. 27 Zhou Min: Sentenced to six years' imprisonment.
• Sentenced to six years' imprisonment for subversion
• against the Government
  28. 28 Zhou Shuilong:
• Sentenced to two years' re-education through work,
• now released.
• Released, acquitted of criminal responsibility
  29. 29 Zhou Yong:
• Released.
• Released, acquitted of criminal responsibility
• Shaoyang AWF
  1. 1 Li Wangyang:
• Sentenced to 13 years' imprisonment.
• Sentenced to 13 years' imprisonment for subversion against
• the Government
  2. 2 Li Xiaodong:
• Sentenced to 13 years' imprisonment.
• Never questioned, interrogated or detained
  3. 3 Li Xiaoping:
• Sentenced to six years' imprisonment.
• Never questioned, interrogated or detained
• Xiangtan AWF
  1. 1 Wu Changgui:
• Sentenced to three years' re-education through work.
• Never questioned, interrogated or detained
• Hengyang AWF
  1. 1 Ding Longhua:
• Sentenced to six years' imprisonment.
• Released, acquitted of criminal responsibility
  2. 2 Zhu Fangming:
• Sentenced to life imprisonment.
• Released, acquitted of criminal responsibility