[Broadcast 2 May 2006]
Not long ago China Labour Bulletin received information about a case in Sichuan province, which discussed how the Qingcheng County government in Leshan, Sichuan had been deducting a price inflation subsidy and a welfare benefit from the salaries of 2,400 teachers in that county since September 2004. In the past 11 years, a total of about 10,000 yuan had been deducted from each teacher or 24 million yuan from all the teachers in the county. In the last programme, Sun Xiangying, a teacher of Special Grade distinction, and now retired, from Qingcheng County told us about the situation. The teachers had been petitioning against this practice for years, including seeking the help of their representative to the Chinese People's Political Consultative Committee (CPPCC), hoping that the committee would raise the matter and get their pay returned. To date, however, they haven't received anything. The second broadcast on this situation follows.
Teacher: Those teachers, who are currently employed, only signed their names at the bottom and they have contributed a little in the way travel expenses. It's mainly travel expenses. In fact, they're afraid that we retired teachers won't get into this, so recently there have been quite a few teachers coming forward and saying. "I have no money. We've all contributed some funds. You go to Beijing and petition on our behalf and we will all contribute some funds to that."
Han Dongfang: So the teachers that are still working now really want you retired teachers to continue [your campaign]?
Teacher: Because they don't dare come out.
Han: But they are putting up the money?
Teacher: Of course, they contributed some money.
Han: They will fund you, but they don't dare come out in public.
Teacher: Yes.
Han: And they often come to see you and tell you their problems and discuss the issues and encourage you in your efforts?
Teacher: That's right. The government has never taken this matter seriously. We're demanding that we [be permitted to] march and stage a demonstrate so that the government will take this matter seriously.
Han: Have you applied to march and stage a demonstration?
Teacher: Yes.
Han: When did you apply to hold the march?
Teacher: We filled out an application for a march and demonstration on 4 November last year.
Han: Who did you apply to?
Teacher: To the Qingcheng County Public Security Bureau.
Han: What reason did you give for the march?
Teacher: The reason was that the national welfare assistance payment was deducted [from our salaries]. We asked for it back, but they refused to give it to us. The government also did not explain why it was doing this, and we don't agree with that, so we applied to stage a march and demonstration. We collected more than 500 signatures for that application, the names of 500 teachers in Qingcheng County. In 1994, the People's Government of Qingcheng County asked all teachers to help the government raise funds by contributing their national assistance payments. The Personnel Bureau of Qingcheng County asked the teachers to raise the funds. But this method is against national regulations on this kind of thing.
Han: You're saying that this was the content of a letter sent by the county government in 1994?
Teacher: There is a Document No 70 which is still there in the Personnel Bureau. But we will not obey it. We are also following Section 22 of Chapter 40 of the Teachers' Law: "Teachers' local supplementary payment and all remaining allowances are considered part of one's salary. The source of the funds for these payments should be the same as the "Expenses" payment for civil servants." So we demand that if civil servants are getting this payment, then we should receive it. We put all of this in the application for the demonstration. The method we're using is a peaceful protest.
Han: Which route did you specify in the application?
Teacher: It was just several roads within the city limits. We applied to hold it from 10-12 am on 12 November 2005, but it wasn't approved.
Han: Did they give a clear answer for not approving it?
Teacher: They answered us. They said they would not approve it.
Han: What was the reason for not approving it?
Teacher: It [the answer] was from the Qingcheng County Public Security Bureau. They said the reason for not approving this action was that it would impact on public safety and disrupt social order. They believed that our march would have a direct, negative impact on public safety and disrupt social order.
Han: In your application, did you say which slogans you would use, the kinds of pamphlets that you would be handing out?
Teacher: We have some slogans.
Han: What are they?
Teacher: The first slogan was: "Learn from the rural migrant workers. You've got to demand your own wages. Uphold the legal rights of teachers." The second slogan was "It's heaven's will that rural migrant workers can recover what's owed them. Our teachers' demands are no different." The third slogan was "You speak of justice, you speak of harmony. Give teachers back their retirement funds." The fourth slogan was "Qingcheng County named one of nation's most progressive. Why then are teachers' wage supplements still unpaid? The fifth slogan was "Have we entered a prosperous community? Then why aren't teachers' wages paid in full?" The sixth slogan was: "We will never rest until we get this supplement back in our pay packet." At first, those in the Public Security Bureau who studied the application said there was no reason why they shouldn't approve the teachers' application. But the government would not allow them to do this, so they couldn't do anything. So then they decided that the march would harm public safety and social order.
Han: Did you put forth an objection to the Public Security Bureau's decision?
Teacher: We followed the Law on Assemblies, Processions and Demonstrations and applied to the People's Government of Qingcheng County for an administrative review of the decision, but they still didn't approve it. The administrative review supported the decision of the Public Security Bureau in its "Refusal to grant permission for the Qingcheng County teachers [demonstration] which would harm the Qingcheng County Public Security Bureau."
Han: So did you take it any further? For example, did you lodge a law suit with the People's Court against the decision of the administrative review?
Teacher: We didn't lodge an administrative suit, because our goal was to get the government to take this matter seriously and take a decision on the matters that we were raising. In the past regardless of what the issue was, they never paid any attention to us.
Han: And is this still your thinking, that you hope the government will take this matter seriously, take it seriously and take a decision?
Teacher: Right.
Han: It's been 12 years now. You have sought them out, you have sent petitions, you have sent representatives, you have held marches and demonstrations. Has any of this spurred the government to take this matter seriously?
Teacher: It seems that they're not worried about anything. They're not afraid of lawsuits or petitions. But if there is a march and a demonstration, that creates some waves, so they won't approve it.
Han: So what are you going to do now?
Teacher: We now have no other way to go but to send a petition. Under Section 28 of the Teachers' Law, it states: "If the legal rights of teachers have been harmed, the assistance portion of the salary has been deducted by the local government, one can ask for assistance and rectification from a higher level of government." We are now petitioning the Leshan government using this section of the law. *
Han: When did you do this?
Teacher: We sent our petition to the Leshan government on 30 December 2005. After receiving the petition, they did not say they would not accept this case and they didn't say they wouldn't accept it. It looks like they're just ignoring us.
Please tune in again next Thursday to hear the next part of my conversation with Sun Xiangying, a retired teacher from Qingcheng County in Leshan, Sichuan.
*Note: Qingcheng County is geographically within the city of Leshan.