On May 9, 2003, a Liaoyang court handed down harsh sentences in criminal proceedings against detained labor activists, Yao Fuxin and Xiao Yunliang (see Human Rights First Advocacy Alert of January 13, 2003). Yao Fuxin was sentenced to seven years imprisonment and Xiao Yunliang to four years following their conviction for subversion. They were charged and detained in March 2002 after they had played a key role in organizing peaceful demonstrations by laid off and unemployed workers in the industrial city of Liaoyang, in the northeastern Chinese province of Liaoning. The two labor organizers were originally indicted for “illegal assembly, marches and protests” (with a maximum 5 year prison term), under the PRC Law on Assemblies, Procession and Demonstrations. On January 1, 2003, they were additionally charged with subversion and they were tried before the Liaoyang Intermediate People’s Court.

On March 11 and 12, 2002, Yao and Xiao had helped to organize a demonstration involving up to 30,000 workers from state-run factories in Liaoyang, to protest against unpaid wages, unemployment and management corruption. They alleged that senior management had embezzled corporate funds leading to the bankruptcy of a company called Ferroalloy in November 2001. The protests later led to state investigations into corruption in state enterprises in Liaoyang and some officials were convicted of the types of offenses alleged by the protesters. In fact, the former manager of the city’s giant ferroalloy plant has apparently been sentenced to 13 years imprisonment on smuggling charges.

On March 17, 2002, Yao was seized and held incommunicado for four days before his detention was acknowledged by police. Xiao was detained three days later. They were not tried for their alleged crimes until January 15, 2003, when they appeared before the Liaoyang Intermediate People’s Court. The trial lasted one day, but the verdicts were only announced today, apparently after a second brief retrial, at which defense lawyers were not present. Yao and Xiao are still held at the City Detention Center of Liaoyang. Their families continue to be harassed by government officials: on the morning of April 21, 2003, police entered their homes and remained until at least 9 o’clock that night, without presenting warrants or any other legal documentation. Earlier, police officers had warned the families not to participate in any public protest nor to communicate with the news media.

These prosecutions and convictions appeared to be geared towards retribution against the labor leaders, intended to prevent similar protests in the future. The PRC Law on Assemblies, Procession and Demonstration restricts the right to non-violent freedom of assembly by making it impossible to stage a protest in the face of police opposition. Regarding the far more serious charge of subversion, there is absolutely no evidence that Yao and Xiao acted with intent to overthrow the state.

Their conviction and sentences violate the fundamental rights to freedom of speech, association and assembly, and are part of an effort to curtail the ability of workers in China to articulate their concerns about labor conditions and to obtain redress. These rights are guaranteed in Article 35 of the Chinese Constitution and Articles 19, 21 and 22 of the International Covenant on Civil and Political Rights, which the Chinese government signed in 1998 but has not yet ratified. In addition, these provisions state that no restrictions may be placed on the exercise of these rights unless they are in conformity with the law and necessary in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights of others. By giving local authorities sweeping discretion to deny permits for protest gatherings or to arrest those demonstrating without a permit, China’s Law on Assemblies, Procession and Demonstration is in clear contravention of international standards protecting freedom of association and assembly.

The imposed sentences come only two months after the Governing Body of the International Labor Organization called upon the Chinese authorities to release all Liaoyang workers’ representatives still in detention and drop all outstanding charges against them. The Governing Body formally endorsed requests by the ILO Committee on Freedom of Association that the Chinese government institute an impartial and independent investigation into the detention and prosecution of workers’ representatives and the conditions of their health and treatment. As a member of the ILO, China is obliged to respect and promote the principle of free association. According to the ILO Declaration on Fundamental Principles and Rights at Work, this principle is binding on ILO member states even if they have not ratified ILO Convention No. 87, Convention concerning Freedom of Association and Protection of the Right to Organize, or ILO Convention No. 98, Convention concerning the Application of the Principles of the Right to Organize and to Bargain Collectively. The Committee stated 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.”

Human Rights First calls on China to immediately and unconditionally release Yao and Xiao, and annul all criminal convictions based on their legitimate attempts to exercise their rights to freedom of expression, association and assembly. China must also release all independent labor organizers and others imprisoned or held in labor camps for peacefully exercising their rights to free expression, association and assembly.

RECOMMENDED ACTION

Please take action through our website or by taking the following steps

Please write to Governor Bo Xilai and Mayor Sun Yuanliang expressing your concern about the violations of basic freedoms of speech, association and assembly suffered by labor activists in China. Urge the Chinese government to release Xiao Yunliang and Yao Fuxin immediately and to repeal legislation that restricts the rights of workers to protest. We have provided a model letter below, and encourage you to send this, or similar text, to the Chinese authorities, with copies to your diplomatic representatives in China, and to diplomatic representatives of China in your country.

Letters to:

Mr. Bo Xilai
Governor
Liaoning Provincial People’s Government
45 Beijiudajie Huangguqu China
Fax: 86-24-86892112
Email: lnsfxxc@online.ln.cn

Mr. Sun Yuanliang
Mayor
Liaoyang City People’s Government
38 Minzhulu China
Fax: 86-419-2256892
Email: zmlln@sina.com

Copy to:

Ambassador Yang Jiechi
Chinese Ambassador to the U.S.
2300 Connecticut Ave NW
Washington DC 20008
Email: chinaembassy_us@fmprc.gov.cn
Fax: 202 588-0032

Should you require more information, please contact Laurie Berg (212 845 5235, Bergl@humanrightsfirst.org).

* * * * * * *

Dear Sir,

I would like to bring your attention to the case of Chinese labor organizers Yao Fuxin and Xiao Yunliang. On May 9, Mr. Yao and Mr. Xiao were convicted by the Liaoyang Intermediate People’s Court of subversion and were sentenced to seven and four years imprisonment respectively, highlighting the Chinese government’s disrespect for freedom of speech, association and assembly. I call on you to release Yao and Xiao immediately and unconditionally, annul all convictions against them and to repeal laws which restrict the rights of workers to protest against unfair conditions of labor and managerial corruption.

As you are aware, after playing an instrumental role in widespread protests against corruption and unpaid wages and benefits in the Ferro-Alloy Factory in Liaoyang, Yao was arrested on March 17 and Xiao on March 20, 2002. They were initially charged with “illegal assembly, marches and protests” under the PRC Law on Assemblies, Procession and Demonstrations. On January 1, 2003, state prosecutors brought additional charges of subversion.

I am concerned that the detentions and subversion charges are forms of retaliation directed against these worker leaders, designed to prevent similar protests in the future. There is absolutely no evidence that the protesters acted with intent to subvert or overthrow the state.

The conviction and sentencing of Yao Fuxin and Xiao Yunliang amount to violations of the fundamental rights to freedom of association, expression and assembly, violations which systematically curtail the ability of workers to articulate their concerns and obtain redress. These rights are safeguarded by the Chinese Constitution and international law.

I demand that you ensure the immediate and unconditional release of Yao Fuxin and Xiao Yunliang and the quashing of their convictions. Moreover, I urge you to release all independent labor organizers and those imprisoned or held in labor camps for peacefully exercising their rights to free expression, association and assembly.

Thank you for your consideration of this important matter.

Sincerely,