Rapport intérimaire - Rapport No. 395, Juin 2021

1. 97. The Committee last examined this case (submitted in February 2016) at its October 2020 meeting, when it presented an interim report to the Governing Body [see 392nd Report, paras 446–495, approved by the Governing Body at its 340th Session (October–November 2020)]. 
2. 98. The Government sent its observations in a communication dated 7 May 2021.
3. 99. 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. 100. At its October 2020 meeting, the Committee made the following recommendations on the matters still pending [see 392nd Report, para. 495]:
   • (a) The Committee once again urges the Government to take the necessary steps for the delivery to Mr Meng of the identification papers without delay and to keep it informed of the outcome of the investigation in respect of the destruction of the door in Mr Meng’s rented house.
   • (b) The Committee expects that the hearing in the cases of Messrs Meng, Zhang Zhiru, Jian Hui, Wu Guijun, Song Jiahui, He Yuancheng, Yang Zhengjun, Ke Chengbing and Wei Zhili will take place without further delay and urges the Government to draw to the court’s attention the Committee’s previous and pending conclusions and recommendations in this case, which it had examined on several occasions. The Committee requests the Government to transmit all court decisions once they have been handed down.
   • (c) The Committee regrets that the Government provides no information regarding Mr Fu Changguo and urges the Government to do so without further delay.
   • (d) The Committee once again urges the Government to carry out an investigation into the allegations of beatings or injuries suffered by workers and their representatives at the shoe factory without further delay and to keep it informed of the steps taken and of the outcome.
   • (e) The Committee once again urges the Government to transmit a copy of the investigation report into the allegations of harsh treatment of the labour activists while in custody which had revealed that Mr Zeng and others were not subject to cruel treatment while in detention.
   • (f) The Committee once again requests the Government specifically to affirm that Messrs Deng and Peng are no longer under investigation and that they will not be prosecuted in relation to the matters raised in the complaint.
     • (g) The Committee calls upon the Government to ensure that all workers enjoy the right to establish organizations of their own choosing and, in particular, the effective possibility of forming, in a climate of full security, organizations independent both of those which exist already and of any political party.
   • (h) Given the vague nature of the information provided by the Government concerning Mr Wu Lijie’s conviction, the Committee requests the Government to transmit a copy of the court judgment in this case.
   • (i) The Committee requests the Government to confirm that Lan Zhiwei, Zhang Zeying and Li Yanzhu (mentioned in Appendix II) have not been arrested, detained or prosecuted for having supported Jasic workers.
   • (j) The Committee once again urges the Government to submit a detailed reply on each of the allegations of arrests, detention, ill-treatment and disappearance of labour activists and their supporters set out in Appendix I, as well as criminal charges laid against some and sanctions imposed.
   • (k) The Committee once again urges the Government to take the necessary measures to ensure adequate protection against anti-union discrimination in law and in practice and to provide a copy of the report on the outcome of the investigation which it had referred to and detailed information on the alleged dismissals of Messrs Mi, Li, Song, Kuang, Zhang and Chang.
   • (l) The Committee once again urges the Government to indicate the situation of Messrs Mi, Yu, Liu and Li in relation to the cases brought against them for the exercise of their right to assembly, including detailed information on the precise acts for which they have been charged, as well as any court judgment rendered in their case.
   • (m) In relation to geographical and other vague restrictions placed by legislation on the right to demonstrate, the Committee requests the Government to continue facilitating constructive and inclusive dialogue with the social partners with a view to ensuring complete respect for freedom of association and to ensure the right to peaceful demonstration for workers and employers.
   • (n) The Committee requests the Government to be more cooperative and to provide the information requested by the Committee without further delay.

B. The Government’s reply

1. 101. In a communication dated 7 May 2021, the Government indicates that, in spite of the challenges brought about by the COVID-19 pandemic, it has conducted a special investigation to collect relevant information with respect to the present case.
2. 102. The Government provides the following information on the individual cases:
   • On 3 November 2016, Mr Meng was sentenced by the People’s Court of Panyu District, Guangzhou to imprisonment of one year and nine months for assembling crowds to disturb public order. He was released upon completion of his term of imprisonment on 3 September 2017 and is now living “a normal life” in Guangzhou.
   • On 3 December 2015, the Panyu Branch of the Guangzhou Public Security Bureau imposed the compulsory measure of criminal detention on Messrs Peng and Deng on a charge of assembling crowds to disturb public order. On 8 January 2016, the Panyu District Procuratorate of Guangzhou made the decision to disapprove their arrests. At present, Mr Peng “lives normally” in Yichang, Hubei Province, and so does Mr Deng in Guangzhou.
   • On 24 October 2018, criminal detention was imposed on Wu Lijie for violation of article 225 of the Criminal Law and on suspicion of illegal business operations. On 13 November 2019, the People’s Court of Xinye County sentenced Mr Wu Lijie to three years of imprisonment and a fine of 30,000 yuan for the crime of conducting illegal business. On 2 December 2019, Mr Wu Lijie appealed to the Intermediate People’s Court of Nanyang City, which reject the appeal and upheld the original judgement on 25 December 2019.
   • On 24 April 2020, the People’s Court of Bao’an District, Shenzhen held a video trial of Messrs Zhang Zhiyu, Jian Hui, Wu Guijun, He Yuancheng and Song Jiahui on suspicion of assembling crowds to disturb public order. The court pronounced the following verdicts: Mr Zhang was sentenced to three years in prison with a two-year probation; Mr Jian was sentenced to an imprisonment of one year and six months with a probation of two years; Mr Wu Guijun was sentenced to three years in prison with a probation of four years; Mr He was sentenced to an imprisonment of one year and six months with a probation of two years; and Mr Song was sentenced to an imprisonment of one year and six months with a two-year probation. Since none of the five persons appealed the decision, they are currently under community correction in Shenzhen.
3. 103. The Government also provides information on the JASIC Technology Trade Union. It highlights that the trade union, which was established on 20 August 2018, has two full-time trade unionists, ten trade union groups, 945 trade union members and a membership rate of 98 per cent. According to the Government, the union plays a positive role in engaging in the democratic management of enterprises; safeguarding the legitimate rights and interests of workers and providing them with the needed services; enriching workers’ cultural life; and promoting the capacity-building of the workforce. The Government indicates, in particular, that a Board of Supervisors, represented by the president and two officers of the trade union, was set up to supervise the legal operation of the company and a system of workers’ congress was introduced. The workers’ congress meets once a year to consider and approve the collective contract (draft), employee management regulations (amendments) and other matters, and to put into effect the basic democratic rights of the workers. The Government further indicates that, thanks to the efforts of the trade union, the management invested nearly 10 million yuan for installing an air conditioning system in the workers’ dormitories and production workshops, introduced performance and attendance awards leading to a monthly income increase of 300 yuan for most workers, and improved catering services to workers. According to the Government, these changes have helped to enhance the workers’ willingness to participate in the democratic management of the company. Furthermore, a regular communication and consultation mechanism was put in place, under which discussions or consultations with the workers are held on a regular basis. The Government explains that the approach of “request collection, inter-departmental coordination, management consultation, problem resolution, workers’ feedback” has opened up the channel through which workers’ voices are heard and proper actions are taken. It highlights that all the nearly 200 requests or appeals collected from the workers over the past two years have received feedback or have been implemented. The Government further refers to the following services provided by the union to the workers: (i) in the influenza season of 2019, coordination was conducted with the canteen to cook anti-flu herbal soup which was distributed to each workshop by the trade union officials; (ii) during the COVID-19 pandemic in 2020, barbers were invited to the company to provide a door-to-door haircut service for 206 workers; (iii) when floods hit Jiangxi, Anhui and other provinces in 2020, the trade union groups were mobilized to investigate the damages suffered by the workers’ families in order to provide necessary care and assistance; (iv) every year, during the busy season, snacks are delivered to the frontline workers; (v) the traffic police was invited to the company to provide electric bicycle registration service to 208 workers; and (vi) regular home and hospital visits were made on the eve of festivals, benefiting a total of 12 sick workers in 2020. As a result of the push of the trade union, the management allocates an earmarked space of more than 2,000 square meters for building a high quality “Workers’ Home” that houses multi-functional facilities such as the trade union office, the Home of Music, the Workers’ Library, the Multi-functional Hall, the Fitness Gym, the Psychological Counseling Room, the Dispute Mediation Room and the Loving Mother’s Room. To promote cultural activities among the workers, five clubs were set up around cultural and sports hobbies and a variety of cultural and sports activities were organized under the title of “Rainbow Festival”, attracting 8,000 participants. Moreover, a biweekly magazine named “Graceful Wind” was started in January 2020. The trade union also assisted the company in setting up the JASIC Technology Academy, which provides training for diploma, skill and all-round knowledge and organizes regular skill contests for different lines of work including welding, assembling, logistic management and quality control, involving over 3,000 participants. With a view to improving work processes, 213 proposals have emerged from the activity of “Offering Good Advice and Suggestions” organized once a year, giving strong impetus to the enterprise’s development.
4. 104. The Government points out that it has made tremendous efforts to gather information on the people involved in the present case but was given only the names of those involved without detailed information, which made it very hard to identify the individuals and impossible to verify some of the events alleged by the complainant. The Government expresses the hope that the Committee will request more explicit and detailed information from the complainant. The Government reiterates that it guarantees to its citizens freedom of association rights based on the Constitution and relevant laws. Chinese workers and their organizations must abide by the relevant provisions of national law in exercising these rights so as to safeguard the social and public order and to ensure the legitimate rights of other people and organizations.

The Committee’s recommendations

1. 121. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to confirm that the identifications documents have been delivered to Mr Meng. It further requests the Government to provide information on the outcome of the trial that the Government indicated was pending against Mr Meng in October 2019 and to transmit a copy of the relevant court decision.
   • (b) Given the absence of any new information concerning Mr Wu Lijie’s conviction, the Committee expects the Government to transmit a copy of the court judgment in his case without delay.
   • (c) The Committee urges the Government to transmit a copy of the court decision in the case of Messrs Zhang Zhiru, Jian Hui, Wu Guijun, Song Jiahui, He Yuancheng without delay.
   • (d) The Committee deeply regrets that no information has been provided by the Government as to whether the hearings in the cases of Messrs Yang Zhengjun, Ke Chengbing and Wei Zhili took place and urges the Government provide this information, together with a copy of the court judgement without delay.
   • (e) The Committee regrets that the Government provides no information regarding Mr Fu Changguo and urges the Government to do so without further delay.
   • (f) The Committee once again urges the Government to carry out an investigation into the allegations of beatings or injuries suffered by workers and their representatives at the shoe factory without further delay and to keep it informed of the outcome.
   • (g) The Committee once again urges the Government to transmit a copy of the investigation report into the allegations of harsh treatment of the labour activists while in custody which had revealed that Mr Zeng and others were not subject to cruel treatment while in detention.
   • (h) The Committee once again urges the Government to indicate the situation of Messrs Mi, Yu, Liu and Li in relation to the cases brought against them for the exercise of their right to assembly, including detailed information on the precise acts for which they have been charged, as well as any court judgment rendered in their case.
   • (i) The Committee once again urges the Government to submit a detailed reply on each of the allegations of arrests, detention, ill-treatment and disappearance of labour activists and their supporters set out in Appendix I, as well as criminal charges laid against some and sanctions imposed. The Committee further requests the complainant organization to furnish any additional information they may have in relation to the persons on this list.
   • (j) The Committee requests the Government to confirm that Lan Zhiwei, Zhang Zeying and Li Yanzhu (mentioned in Appendix II) have not been arrested, detained or prosecuted for having supported Jasic workers. The Committee further requests the complainant organization to furnish any additional information they may have in relation to these three persons.
   • (k) The Committee recalls that the right of workers to establish organizations of their own choosing implies, in particular, the effective possibility of forming, in a climate of full security, organizations independent both of those which exist already and of any political party and once again calls upon the Government to ensure this right for all workers.
   • (l) The Committee once again urges the Government to take the necessary measures to ensure adequate protection against anti-union discrimination in law and in practice and to provide a copy of the report on the outcome of the investigation to which it had referred and detailed information on the alleged dismissals of Messrs Mi Jiuping, Li Zhan, Song Yiao, Kuang Hengshu, Zhang Baoyan and Chang Zhongge.
   • (m) The Committee expects that the Government, in accordance with its previous recommendation, has taken steps to continue facilitating constructive and inclusive dialogue with the social partners with a view to ensuring complete respect for freedom of association and to ensure the right to peaceful demonstration for workers and employers and requests the Government to keep it informed of any developments in this regard.
   • (n) While appreciating the collaboration shown by the Government and the efforts made to submit elements in reply to the Committee’s previous recommendations, the Committee regrets that the information provided remains insufficient and does not enable it to assess the situation of the persons named in the complaint, including those who are alleged to have been forcibly disappeared and are no longer reachable (see Appendices I and II), nor have copies of the relevant judicial decisions been transmitted as requested. Recalling that such grave allegations figure among the terms set out in paragraph 54 of the Special procedures for the examination in the International Labour Organization of complaints alleging violations of freedom of association, the Committee expects that the Government will make the additional efforts necessary to submit the remaining information requested without further delay so that the Committee will have available to it all necessary information to examine this case in full knowledge of the facts.

Appendix I

1. 1. Mr Mi Jiuping: the technology company worker, detained since July 2018, charged with “gathering a crowd to disrupt social order.” He is being held at the Shenzhen Municipal No. 2 Detention Centre. Mi’s first two lawyers were forced to withdraw from his case. On 1 October 2018, a request by a new lawyer to meet with Mi was denied on the grounds that Mi’s case involved state secrets. Not reachable.
2. 2. Mr Yu Juncong: the technology company worker, detained since July 2018, charged with “gathering a crowd to disrupt social order”. He is being held at the Shenzhen Municipal No. 2 Detention Centre. After meeting with Yu on 30 August 2018, Yu’s lawyer was pressured to withdraw from the case. Yu’s requests for a meeting with his new lawyer have not been accepted after 30 August 2018. Not reachable.
3. 3. Mr Liu Penghua: the technology company worker, detained since July 2018, charged with “gathering a crowd to disrupt social order”. He is being held at the Shenzhen Municipal No. 2 Detention Centre. Liu told a lawyer who met with him in September that he had been beaten. Further requests to meet with his lawyer have been denied. Not reachable.
4. 4. Mr Li Zhan: former the technology company worker and worker supporter, detained since July 2018, charged with “gathering a crowd to disrupt social order”. He is being held at the Shenzhen Municipal No. 2 Detention Centre. After meeting with Li on 18 September 2018, Li’s lawyer was pressured to withdraw from his case. Not reachable.
5. 5. Ms Shen Mengyu: graduate of Sun Yat-sen University. Arrested for supporting Jasic workers. Not reachable.
6. 6. Ms Yue Xin: graduate of Peking University, forcibly disappeared on 24 August 2018. Arrested for supporting Jasic workers. Not reachable.
7. 7. Ms Gu Jiayue: graduate of Peking University, taken from her home on 24 August 2018, charged with “picking quarrels and provoking trouble” and is being held under “residential surveillance at a designated place”. Arrested for supporting Jasic workers. Not reachable.
8. 8. Mr Xu Zhongliang: graduate of University of Science and Technology Beijing, detained since 24 August 2018, charged with “picking quarrels and provoking trouble” and is being held under “residential surveillance at a designated place”. Arrested for supporting Jasic workers. Not reachable.
9. 9. Mr Zheng Yongming: graduate of Nanjing Agricultural University, detained since 24 August 2018, charged with “picking quarrels and provoking trouble” and is being held under “residential surveillance at a designated place”. Arrested for supporting Jasic workers. Not reachable.
10. 10. Mr Shang Kai: editor of a leftist media website Hongse Cankao, taken away by Guangdong police on 24 August 2018 from the office of Hongse Cankao. Still missing.
11. 11. Mr Fu Changguo: staff member of a workers’ centre, Dagongzhe, detained since August 2018, charged with “gathering a crowd to disrupt social order”. Unable to identify where he was detained since his arrest. Denied access to lawyers and his family.
12. 12. Mr Yang Shaoqiang: graduate of University of Science and Technology Beijing, taken from home in August 2018, charged with “picking quarrels and provoking trouble”. Whereabouts unknown. No further information.
13. 13. Mr Tang Jialiang: postgraduate student at Beijing Institute of Technology, forcibly disappeared since early September 2018. Still missing.
14. 14. Mr Zhang Shengye: graduate of Peking University, taken from campus and forcibly disappeared on 9 November 2018. Arrested for supporting Jasic workers. Not reachable.
15. 15. Ms Sun Min: graduate of Peking University, taken away in Guangzhou and forcibly disappeared on 9 November 2018. Arrested for supporting Jasic workers. Not reachable.
16. 16. Mr Zong Yang: graduate of Peking University, taken away in Beijing and forcibly disappeared on 9 November 2018. Arrested for supporting Jasic workers. Not reachable.
17. 17. Mr Liang Xiaogang: worker supporter, taken away in Shanghai and forcibly disappeared on 9 November 2018.
18. 18. Mr Tang Xiangwei: worker supporter, taken away by police in Wuhan for supporting Jasic workers and forcibly disappeared on 11 November 2018. No further information.
19. 19. Mr Zheng Shiyou: worker supporter, taken away in Wuhan on 11 November 2018. Arrested for inciting subversion of state power. No indictment. Not reachable.
20. 20. Ms Zheng Yiran: graduate of Beijing Language and Culture University, taken away in Beijing and forcibly disappeared on 9 November 2018. Arrested for supporting Jasic workers. Not reachable.
21. 21. Mr Lu Daxing: graduate of Nanjing University of Science and Technology, taken away in Beijing and forcibly disappeared on 9 November 2018. Arrested for supporting Jasic workers. Not reachable.
22. 22. Ms Li Xiaoxian: graduate of Nanjing University of Chinese Medicine, taken away in Beijing and forcibly disappeared on 9 November 2018. Arrested for supporting Jasic workers. Not reachable.
23. 23. Mr He Pengchao: graduate of Peking University, founder of Qingying Dreamworks Social Worker Centre, taken away in Beijing and forcibly disappeared on 9 November 2018. Arrested for inciting subversion of state power. No indictment. Not reachable.
24. 24. Ms Wang Xiangyi: graduate of Peking University, founder of Qingying Dreamworks Social Worker Centre, taken away by police in Shenzhen and forcibly disappeared on 9 November 2018. No further information.
25. 25. Ms Jian Xiaowei: graduate of Renmin University, staff member of Qingying Dreamworks Social Worker Centre, taken away by police in Shenzhen and forcibly disappeared on 9 November 2018. No further information.
26. 26. Ms Kang Yanyan: graduate of University of Science and Technology Beijing, staff member of Qingying Dreamworks Social Worker Centre, taken away by police in Shenzhen and forcibly disappeared on 9 November 2018. No further information.
27. 27. Ms Hou Changshan: graduate of Beijing Foreign Studies University, staff member of Qingying Dreamworks Social Worker Centre, taken away by police in Shenzhen and forcibly disappeared on 9 November 2018. No further information.
28. 28. Ms Wang Xiaomei: graduate of Nanjing University of Information Science and Technology, staff member of Qingying Dreamworks Social Worker Centre, taken away by police in Shenzhen and forcibly disappeared on 9 November 2018. No further information.
29. 29. Ms He Xiumei: supporter of Qingying Dreamworks Social Worker Centre, taken away by police in Shenzhen and forcibly disappeared on 9 November 2018. No further information.
30. 30. Ms Zou Liping: local trade union staff member, detained in Shenzhen on 9 November 2018, charged with “picking quarrels and provoking trouble”. Taken away by police. Forcibly disappeared. No further information.
31. 31. Mr Li Ao: local trade union staff member, detained in Shenzhen on 9 November 2018, charged with “picking quarrels and provoking trouble”. Taken away by police. Forcibly disappeared. No further information.

Appendix II

1. 1. Mr Jia Shijie: Peking University student, arrested on 23 September 2018 for supporting Jasic workers. Not reachable.
2. 2. Mr Lan Zhiwei: worker, arrested on 2 January 2019 for supporting Jasic workers. Not reachable.
3. 3. Ms Zhang Zeying: worker, arrested on 2 January 2019 for supporting Jasic workers. Not reachable.
4. 4. Mr Zhan Zhenzhen: Peking University student, arrested on 2 January 2019 for supporting Jasic workers. Not reachable.
5. 5. Mr Li Yuanzhu: worker, arrested on 3 January 2019 for supporting Jasic workers. Not reachable.
6. 6. Mr Feng Junjie: Peking University student, arrested in January 2019 for supporting Jasic workers. Not reachable.
7. 7. Mr Wang Ji’ao: Renmin University canteen worker, arrested on 18 January 2019 for supporting Jasic workers. Not reachable.
8. 8. Ms Li Ziyi: Peking University student, arrested on 21 January 2019 for supporting Jasic workers. Not reachable.
9. 9. Mr Ma Shize: Peking University student, arrested on 21 January 2019 for supporting Jasic workers. Not reachable.
10. 10. Mr Yan Zihao: Renmin University student, arrested on 21 January 2019 for supporting Jasic workers. Not reachable.
11. 11. Mr Li Jiahao: graduate of Peking University, arrested on 21 January 2019 for supporting Jasic workers. Not reachable.
12. 12. Mr Huang Yu: graduate of Peking University, arrested on 21 January 2019 for supporting Jasic workers. Not reachable.
13. 13. Ms Sun Jiayan: Peking University student, arrested on 21 January 2019 for supporting Jasic workers. Not reachable.
14. 14. Mr Zhang Ziwei: Peking University student, arrested on 21 January 2019 for supporting Jasic workers. Not reachable.
15. 15. Ms Chen Ke Xin: Renmin University student, arrested on 21 January 2019 for supporting Jasic workers. Not reachable.
16. 16. Mr Wu Jia Wei: graduate of Renmin University, arrested on 16 February 2019 for supporting Jasic workers. Not reachable.