Chinese Labor Activists Charged with Subversion
The Lawyers Committee expresses deep concern over ongoing detentionsJanuary 13, 2025
To take action immediately, visit our Action Center at
http://capwiz.com/lchr/issues/alert/?alertid=3231556&type;=CULabor organizers Yao Fuxin and Xiao Yunliang were detained in March 2002, in the course of massive demonstrations by laid off and unemployed workers in the industrial city of Liaoyang, in the northeastern Chinese province of Liaoning. The two activists were originally indicted for “illegal assembly, marches and protests” (with a maximum 5 year prison term). In a troubling development, on January 1, 2003, they were additionally charged with subversion, carrying a sentence of life imprisonment or the death penalty. Apparently, the new charge stems from an allegation that the two men are associated with the outlawed Chinese Democratic Party.
On March 11 and 12, 2002, Yao and Xiao had helped to organize a demonstration involving two thousand workers from the Liaoyang Ferroalloy Company factory, and ten thousand others from another five state-run factories in the city, in order to express outrage about unpaid wages and management corruption. The unemployed and recently laid-off factory workers protested against the government’s reneging on promises of back-pay, adequate severance pay, benefits and assistance to find alternative employment. They also alleged that senior management had embezzled corporate funds leading to Ferroalloy’s bankruptcy in November. In the following weeks, the demonstrations swelled to up to 30,000 people. This became one of the most well-attended, public and lengthy protests in China in recent times.
On March 17, 2002, Yao was abducted near his home by two men wearing civilian clothing. He was held incommunicado for four days before his detention was acknowledged by police. Subsequently, on March 20, public security officers attacked groups of unarmed workers who had continued to protest, now against the arrest and detention of their leaders, and detained three more worker organizers: Xiao, Wang Zhaoming and Pang Qingxiang. All four were formally indicted on March 30, facing charges of “illegal assembly, marches and protests” under the PRC Law on Assemblies, Procession and Demonstrations, which stipulates that police permission must be obtained prior to the holding of demonstrations.
Pang was subsequently freed. Wang was also released on December 20, after nine months in detention. At that time, he was informed that he was not subject to any charge. He then decided to sue the Department of Judiciary of Liaoyang City for illegal detention. He was re-arrested on December 31 and has not been heard from since that date.
In early January 2003, reports surfaced that police had tampered with the phone line of Yao’s family, preventing all incoming calls. In addition, it is reported that family members are prevented from visiting the detainees. Xiao’s wife has not seen him since September 2002. The specter of health concerns has also been raised: Yao may suffer from a heart condition and show symptoms of a stroke. He has told his wife that he had been forced to wear leg irons for the first four days of his detention. Yao and Xiao are presently held at the City Detention Center of Liaoyang and their trial is set for January 15, 2003.
The subversion charges and Wang’s re-arrest follow closely on a recent concession from the Chinese government. On December 24, 2002, world-renowned pro-democracy activist Xu Wenli was released. Having spent a total of 16 years in Chinese prisons, since December 1998 he had been serving a 13-year sentence for his association with the China Democracy Party.
The prosecutions appeared to be geared towards retribution against these labor leaders and preventing similar protests in the future. With respect to the charge of illegal assembly, it is true that the demonstrators did not seek the requisite permission from the relevant authorities. However, there was no reasonable basis for them to believe that this permission would be forthcoming since police has refused permission to demonstrate prior to and after the March protests. And protesters feared that completing the application as required, including specifying the organizers’ names and addresses, would place them at risk of later government retaliation. The PRC Law on Assemblies, Procession and Demonstration restricts the right to non-violent freedom of assembling 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. Under Chinese law, subversion is defined as conduct amounting to “organizing, plotting, or acting to subvert the political power of the state and overthrow the social system”. According to Yao’s daughter, “these charges are clearly related to an idea in the heads of government leaders and not based on something that my father did.”
These detentions amount to violations of the fundamental rights to freedom of speech, association and assembly, and are part of an effort to curtail the ability of workers 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. As a member of the International Labor Organization, China is also 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 the ILO Conventions governing the relevant labor rights (ILO Convention No. 87, Convention concerning Freedom of Association and Protection of the Right to Organize, and ILO Convention No. 98, Convention concerning the Application of the Principles of the Right to Organize and to Bargain Collectively).
The detention and prosecution of Yao and Xiao, along with the disappearance of Wang, compound the effect of other prevalent rights violations in China, such as denying workers the right to form independent trade unions and restrictions on freedom of expression through frequent media blackouts.
The Lawyers Committee calls on China to immediately and unconditionally release Yao and Xiao, and discontinue all criminal proceedings against them based on their legitimate attempts to exercise their rights to freedom of expression, association and assembly. The Lawyers Committee further demands an investigation into the whereabouts of Wang Zhaoming. In addition, China must also release all independent labor organizers and pro-democracy activists and others imprisoned or held in labor camps for peacefully exercising their rights to free expression, association and assembly.
RECOMMENDED ACTIONTo take action immediately, visit our Action Center at
http://capwiz.com/lchr/issues/alert/?alertid=1218106&type;=CUOr take 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.cnMr. Sun Yuanliang
Mayor
Liaoyang City People’s Government
38 Minzhulu China
Fax: 86-419-2256892
Email: zmlln@sina.comCopy to:
Ambassador Yang Jiechi
Chinese Ambassador to the U.S.
2300 Connecticut Ave NW
Washington DC 20008
Email: chinaembassy_us@fmprc.gov.cn
Fax: 202 588-0032Should you require more information, please contact Laurie Berg (212 845 5235, Bergl@lchr.org).
* * * * * * *Dear Sir,
I would like to bring your attention to the case of labor organizers Yao Fuxin and Xiao Yunliang. Their detention and subsequent charges of subversion (an offence which carries a possible sentence of life imprisonment or the death penalty) highlights the Chinese government’s disrespect for freedom of speech, association and assembly. A third labor organizer, Wang Zhaoming, was originally indicted with Yao and Xiao in March 2002 but released after nine months in detention. Wang was reportedly re-arrested on December 31, 2002 and has not been heard from since this date. I call on you to release Yao, Xiao and Wang immediately and unconditionally, drop all charges 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, on March 17, Yao was secretly arrested by police following widespread protests against corruption and unpaid wages and benefits in the Ferro-Alloy Factory in Liaoyang. Xiao and Wang were arrested three days later, and all three were charged with “illegal assembly, marches and protests” under the PRC Law on Assemblies, Procession and Demonstrations. This legislation stipulates that police permission must be obtained prior to demonstrations. Yao and Xiao have remained in detention and, on January 1, 2003, were informed of a decision by state prosecutors to bring fresh charges of subversion. I have been notified of subsequent reports that officials have tampered with the phone line of Yao’s family and relatives have been unable to gain access to both men for some time.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. Although the demonstrators did not seek the requisite permission from the relevant authorities, there was no reasonable basis for them to believe that such permission would be forthcoming. Furthermore, protesters resisted specifying the organizers’ names and addresses on the application as required, fearing later government retaliation. Regarding the far more serious charge of subversion, there is absolutely no evidence that protesters acted with intent to overthrow the state.
I applaud China’s decision of December 24, 2024 to release world-renowned pro-democracy activist Xu Wenli. However, the arrests and detention of Yao Fuxin, Xiao Yunliang and Wang Zhaoming severely undercut the commitment to human rights and rule of law that the world witnessed in China on that day. These detentions and pending prosecutions 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 dropping of all charges against them. Moreover, I urge you investigate the whereabouts of Wang Zhaoming, and release all independent labor organizers and pro-democracy activists and others 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,