On 28 February 2004 China Labour Bulletin issued news of the formal arrest and detention of at least six workers from the Tieshu textile Factory in Suizhou, Hubei Province on charges of “disturbing social order” after a peaceful demonstration on 8 February. We also revealed that at least three other workers involved in the demonstration had been assigned, without trial, to terms of “re-education through labour” ranging from 12 to 21 months.
We are now asking that trade union groups and individuals worldwide express their solidarity with the imprisoned workers and send urgent appeal letters to the Chinese authorities calling for the release of the nine workers involved.
The six workers charged with “disturbing social order” include Wang Hanwu and Zhu Guo, however the identity of the remaining four is unknown. They have been formally arrested which means that they could face trial at any time. The three other workers sentenced to “re-education through labour” [an administrative punishment which bypasses the criminal justice system and which is often used to imprison labour activists and dissidents] include Shen Bing, sentenced to 21 months “re-education through labour”; Wei Yiming, sentenced to 18 months “re-education through labour” for allegedly “interrupting the Public Security Bureau Chief” during the protest and Chen Xiuhua, a 56 year old female who received a 12 month sentence but who has subsequently been sent home “on medical bail”, after a heart condition was discovered.
Attached is a model letter that can be sent to the local and central authorities
Please send faxes or emails urgently to the following government departments:
Mayor of Suizhou
Mayor of Suizhou : Zhu Jinshui
Fax: (86) 722-3326918
Email: hbszsw@hotmail.com
Suizhou Public Security Bureau (PSB)
Director: Liu Jusheng
Fax: (86) 722 326 1876
Provincial governor
Governor: Luo Qingquan
Fax: (86) 27 87811731
Provincial PSB
Head of Department: Zheng Shaosan
Fax: 86-27-67122030
Justice Bureau
Minister of Justice: Zhang Fusen
Fax: 86-10-65292345
Email: minister@legalinfo.gov.cn
Zengdu District People's Court, Suizhou City
Fax : (86) 722 326-2660
Suizhou City People's Congress [the local legislature]
Fax: (86) 722 332-6438
Model letter
[Please address to the relevant officials and write, where possible, on official letterhead]
Dear
I am writing to express my deepest concern at the recent arrests of workers at the Tieshu Textile Factory on Suizhou City, Hubei Province.
According to reliable information from China Labour Bulletin, six workers were formally arrested and detained on charges of “disturbing social order” after a violent crackdown on what was a peaceful demonstration by some 1,200 workers on 8 February 2004. Two of the six detained workers are Wang Hanwu and Zhu Guo; the identity of the remaining four is unknown. At least three other Tieshu workers, Chen Xiuhua, Shen Bing and Wei Yiming, have also been sentenced without trial to terms ranging from 12 months to 21 months “re-education through labour” for their alleged involvement in the 8 February protest. Chen Xiuhua who received a one-year sentence has subsequently been sent home on "medical bail".
These arrests and sentences come after over 15 months of peaceful campaigning by the Tieshu textile workers to recover more than 200 million Yuan in back wages, redundancy payments, worker shares and other entitlements still owed to them by the bankrupt factory’s management. The workers have long been demanding a government enquiry into corrupt practices at the factory, which they say led not only to the sharp downturn in factory profits in recent years that caused the bankruptcy, but also to the recent disappearance of almost 75 percent of the value of workers’ shares in the factory.
We believe that the workers in Tieshu are not guilty of anything except their legitimate attempts to exercise their fundamental right to freedom of association and expression. Throughout their protests, they have utilized peaceful means to bring their case to the attention of the local government, who has ignored their pleas for negotiation, and has instead resorted to the violent suppression of peaceful protests and the arbitrary detention of the workers.
The repression of peaceful demonstrations and the arrest and sentencing of participating workers runs contrary to international human rights standards, as well as to International Labour standards. China has an international obligation, based upon its membership of the ILO, to guarantee workers the fundamental rights established and protected by ILO conventions, regardless of the ratification status of Conventions 98 and 87 on freedom of association, the right to organize and the right to collective bargaining. China has also signed the ICCPR and should uphold articles 21 and 22 guaranteeing the right to freedom of peaceful assembly and association.
We also note that the actions of the Tieshu Textile Group Factory are in serious contravention of Chinese Labour Law; Article 50 on the prompt payment of wages; Articles 24, 27 and 28 on the need for agreements on redundancies, non renewal of contracts and the provision of adequate compensation for loss of work; relevant Articles in Chapter 9 of the Labour Law on the provision of social insurance; and the relevant Articles of Chapter Ten of the Labour Law which deals with labour disputes. We ask that you ensure the Tieshu Textile Factory carries out - in full - its legal obligations towards its workers and towards the Chinese Labour Law.
We join with China Labour Bulletin and trade unions worldwide in urging the Suizhou City government to end its forcible suppression of the Tieshu textile workers’ peaceful and legitimate struggle to secure economic justice. We also ask for a full and independent investigation into the serious allegations of corruption at the factory.
Unless clear and credible evidence can be swiftly produced to show that Wang Hanwu, Zhu Guo and the four other arrested Tieshu workers committed any internationally recognized criminal offence, all six workers should be immediately and unconditionally released, along with the three Tieshu workers sentenced to “re-education through labour.” At a minimum, if the six arrested workers are to be prosecuted and brought to trial, they must be allowed full and immediate access to adequate legal defence.
Thank you in advance,
[Please send copies to the local Chinese Embassy or Consulate and/or your own union headquarters. Please do let us know if any of the above faxes are not wokring or if you recive a response.]
16 March 2004