Report in which the committee requests to be kept informed of development - Report No 316, June 1999

Case No 1930 (China) - Complaint date: 04-JUN-97 - Closed

Allegations: Violations of the right to organize and of trade unionists' basic civil liberties, detention of trade unionists and harassment of family members

1. 341. The Committee examined this case in its meeting in May-June 1998 (see 310th Report, paras. 271-367, approved by the Governing Body at its 272nd Session (May-June 1998)) during which it made interim conclusions.
2. 342. The Government furnished its further observations in a communication dated 5 March 1999.
3. 343. 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. 344. In May-June 1998, the Committee had examined allegations concerning violations of freedom of association in national legislation, the persistent recourse to arbitrary, and sometimes secret, detention for trade unionists, the repeated use of "re-education through labour" sentences against workers for carrying out legitimate trade union activities, the torture of and denial of necessary medical treatment to detained unionists, the harassment and, in some cases, detention of unionists' family members and the dismissal of workers for legitimate trade union activity. In the light of the Committee's interim conclusions, the Governing Body approved the following recommendations in May-June 1998:
   • (a) Recalling that the Committee has already concluded that several provisions of the Trade Union Act are contrary to the fundamental principles concerning the right of workers without distinction whatsoever to form and join organizations of their own choosing without previous authorization and the right of trade unions to establish their constitutions, organize their activities and formulate their programmes, the Committee requests the Government to take the necessary steps to ensure that sections 4, 5, 8, 9, 11 and 13 of the Act are amended accordingly.
   • (b) The Committee requests the Government to take the necessary steps to amend sections 34 and 46 of the Labour Law so as to ensure the autonomy of the parties in collective bargaining and to ensure that any requirement for prior authorization of collective agreements be limited to procedural flaws or the violation of minimum labour standards established in the legislation.
   • (c) The Committee requests the Government to take the necessary steps to amend sections 79 to 83 of the Labour Law as indicated in the conclusions so as to ensure that workers and their organizations are able to exercise the right to strike in defence of their social and economic interests and to ensure respect for this right in practice.
   • (d) The Committee recalls to the Government that the technical assistance of the ILO is available in order to facilitate a review and revision of the above-mentioned legislation should the Government so desire.
   • (e) The Committee requests the Government to take the necessary measures immediately to ensure the release of all those trade unionists who were the subject of earlier complaints before the Committee and who, according to the present complaint, have not yet been released (Annex I), including the immediate release of Tang Yuanjuan and of Wang Miaogen from a psychiatric institution. It further requests the Government to set up an independent investigation into the alleged acts of ill-treatment carried out in detention against Tang Yuanjuan, Leng Wanbao and Li Wei and to keep the Committee informed of the outcome of the investigation and the measures taken for the release of the detainees.
   • (f) The Committee requests the Government to take the necessary measures to ensure the immediate release of those individuals arrested in 1989 for having organized workers' demonstrations and strikes (see Annex II).
   • (g) The Committee requests the Government to provide specific and detailed information on the charges brought against the members of the Free Labour Union of China cited in Annex III, including copies of any relevant court judgements.
   • (h) Noting with deep regret that the Government does not reply to the very specific allegations made in respect of Zhou Guoqiang and his wife, Wang Hui, the Committee requests the Government to provide detailed information in this respect.
   • (i) Emphasizing the importance that should be attached to the principle laid down in the International Covenant on Civil and Political Rights according to which all persons deprived of their liberty must be treated with humanity and with respect for the inherent dignity of the human person, the Committee insists that the Government take the necessary measures to ensure Liu Nianchun's immediate release and to provide him with the necessary medical treatment. It further calls upon the Government to establish an independent investigation into the serious allegations of torture and ill-treatment raised in respect of Liu Nianchun in order to determine and punish those responsible. The Government is requested to indicate the measures taken in this respect and the outcome of the investigation.
   • (j) The Government is further requested to take the necessary measures to ensure the release of the two other members of the League for the Protection of the Rights of Working People, Yuan Hongbin and Xiao Biguang, as well as Gao Feng.
   • (k) Recalling that the right of assembly, freedom of opinion and expression and, in particular, freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media constitute civil liberties which are essential for the normal exercise of trade union rights, the Committee urges the Government to take the necessary measures to ensure the immediate release of Li Wenming and Guo Baosheng and, especially, the provision of the necessary medical treatment to Li. The Government is further requested to take the necessary measures for the immediate release of the other individuals linked to the Workers' Forum who are set out in Annex III, if they are still being detained, and to provide the Committee with information on their status.
   • (l) The Committee requests the Government to investigate the dismissals of Li Wenming and his colleagues in 1993 and, if it appears that they were dismissed for their trade union activity, to take the necessary measures to ensure their reinstatement in their posts should they so desire.
   • (m) The Committee requests the Government to provide information in response to the allegations concerning the sentencing of two taxi drivers, Zheng Shaoqing and Chen Rongyan, to two years' re-education through labour for participation in a half-day strike in Zhuhai, a special economic zone.

B. The Government's reply

1. 345. In a communication dated 5 March 1999, the Government provides the following additional information. As concerns the Labour Law of China which came into force on 1 January 1995, the Government recalls that this is the first basic law laying down overall labour standards and regulating labour relations since the founding of the People's Republic of China. The Act has filled in a gap in the development of the country's legal system.
2. 346. As concerns section 34 of the Labour Law which provides that "a collective contract shall be submitted to the labour administration department after its conclusion" and the criticism made by the complainant in respect of limitations on collective bargaining, the Government recalls that section 33 provides:
   • The staff and workers of an enterprise as one party may conclude a collective contract with the enterprise on matters relating to labour remuneration, working hours, rest and leave, occupational safety and health, and insurance and welfare. The draft collective contract shall be submitted to the congress of the staff and workers or to all the staff and workers for discussion and adoption. A collective contract shall be concluded by the trade union on behalf of the staff and workers with the enterprise; in enterprises where a trade union has not yet been set up, such contract shall be also concluded by the representatives elected by the staff and workers with the enterprise.
3. 347. The Regulations on Collective Contracts promulgated by the Ministry of Labour have made supplementary provisions to the above Act. Regulation 5 provides:
   • A collective contract is a written agreement which is signed by the parties to the collective bargaining on the basis of equality and reaching unanimity through consultation on matters relating to labour remuneration, working hours, rest and leave, occupational safety and health, and insurance and welfare according to provisions of law and regulations.
   • Regulation 13 provides: "The content, date and place of collective bargaining shall be determined by both parties through consultation." And Regulation 18 provides: "When a party to a collective contract proposes a discussion on the application and modification of the collective contract, the other party shall make a response and the negotiation should take place within seven days." According to the Government, this clearly demonstrates that the collective bargaining rights of the enterprise and of the trade unions are fully protected by Chinese law. Over recent years, there have been over 100,000 collective contracts examined by the labour security administration, which also shows that both the enterprise and the trade unions have exercised their collective bargaining rights in accordance with the law.
4. 348. While section 34 does provide that a collective contract shall be submitted to the labour administration department after its conclusion and shall go into effect automatically if no objections are raised by the labour administration department within 15 days from the date of the receipt of a copy of the contract, the Government further recalls that Regulation 26 provides: "A letter of comment on the examination of the collective contract shall reach both parties to the collective contract within 15 days from the date of the receipt of the collective contract by the labour administration department." Regulation 28 provides: "Both parties to the collective contract, having received the letter of comment of the labour administration department, shall modify the provision(s) which is(are) null and void or null and void in part and shall submit the revised text to the labour administration department within 15 days for its re-examination." Hence the meaning of the word "submit" first of all refers to submitting the collective contract to the labour administration department for registration for statistical purposes; secondly, the labour administration department has the responsibility of examining whether the substance of the collective contract conforms to the laws and regulations of the country. If it conforms to the laws and regulations of the country, the collective contract then has legal binding force over the enterprise and its workers and staff. If the collective contract contains provision(s) which violates/violate the law, the labour administration department shall demand that both parties to the contract restart negotiation on the relevant provision(s) so as to reach new agreement, and resubmit it to the labour administration department for examination. This is because if the collective contract contains provision(s) which violates/violate the law, conciliation, arbitration or judgement over the relevant provision(s) will not be possible when a dispute over it/them occurs between the parties to the collective contract in future. This practice of examination and registration of collective contracts by the labour administration department is a common practice of many countries.
5. 349. The Government also contests the statement that the Labour Law contains legislative provisions prohibiting the negotiation of wage increases beyond the level of the increase in the cost of living. The provision for the level of wages to be gradually raised on the basis of economic development with the State exercising macro-regulations and control over the total wages (section 46) actually means that the State should take effective action to exercise macro-regulation over the ratio between production and consumption and use productive resources more fully and more widely so as to avoid serious economic fluctuations and promote economic development and social progress. Thus, it can be seen that the relevant provision of the Labour Act is identical with the thrust of the Declaration of Philadelphia and the relevant documents of the ILO.
6. 350. In fact, in China the wage level of a particular enterprise is determined by the trade union and the management of that enterprise themselves. Section 47 of the Labour Law provides that the employing unit shall independently determine its form of wage distribution and wage level for its own unit according to law and based on the characteristics of its production and business and economic results. The State only has legal provisions on guaranteeing the minimum wage but has not provided for its ceiling.
7. 351. As concerns the question of strikes, the Government affirms that there is no provision for strikes in the Chinese Constitution. The Chinese Government has always tried to promote, establish and explore labour relations which can encourage the gradual improvement of working conditions and working life and maintains that a strike is only one of the means to handle a labour-management conflict, but not an end in itself. The Government's aim is to prevent and resolve labour disputes so as to establish a sound and harmonious labour relationship. At present, Chinese law provides that the settlement of a collective dispute between the employing unit and its labourers shall be as follows: the dispute shall be resolved by both parties through negotiation; if negotiation fails, the case can then be referred to the labour dispute arbitration committee for arbitration. If one of the parties does not accept the awards of arbitration, it can start a lawsuit with the people's court. The local people's government can call the parties concerned together to coordinate and deal with the dispute arising out of the signing of a collective contract. This practice accords totally with the provisions concerning the functions of labour administration of the relevant ILO documents. Moreover, it reflects the actual requirements of the Chinese society and conforms to the fundamental interest of the broad mass of workers. It is just under such a sound and harmonious social stability that the rapid development in the various aspects of Chinese society and of its economy, the improvements in working conditions for workers and the remarkable improvements in their living standards over the past 20 years have been achieved.
8. 352. Concerning the lists of persons set forth in the appendices to the Committee's previous report on this case, the Government indicates that it has verified with the judicial departments of the country and submits the following information.
9. 353. Of the persons on the list mentioned in Annex I, Tang Yuanjuan, Leng Wanbao, Li Wei, Wang Miaogen, Hu Nianyou and Wang Chanhuai were released; Yao Guisheng, Zhang Jingsheng and Li Wangyang were sentenced for robbery and are currently under detention.
10. 354. Of the persons on the list mentioned in Annex II, Chen Gang, Liu Zhihua, Hu Min, Peng Shi and Guo Yunqiao all committed serious crimes of hooliganism, with the first three being sentenced to 11 years of fixed-term imprisonment, Peng to ten years of fixed-term imprisonment and Guo to 13 years of fixed-term imprisonment; Mao Yuejin, Wang Zhaobo and Huang Lixin were released; Huang Fan was sentenced to seven years of fixed-term imprisonment for hooliganism in 1989 but was freed in 1993 on commutation of sentence; Wan Yuewang and Pan Quibao were sentenced to three years of fixed-term imprisonment for hooliganism in 1989 and were released a long time ago; Yuan Shuzhu was investigated for hooliganism in 1989 and was released in August the same year.
11. 355. Of the persons on the list mentioned in Annex III, the ten persons including Liu Jingsheng, Hu Shigen, etc., excluding Rui Chaohui, who was not found, all committed the crime of endangering state security and violated the criminal law of the country and have therefore been sentenced to imprisonment.
12. 356. Of the persons on the list mentioned in Annex IV, Li Wenming, Guo Baosheng and Kuang Lezhuang were released; Liao Hetang, Fang Yiping, He Fei, Zeng Jiecheng, Lan Chunquan, Wu Chun, Zhang Wuyan, Wan Xiaoying and Song Xianke were all not sentenced; whereas Liu Hutang and Huang Zhong were not found.
13. 357. Of the persons on the list mentioned in Annex V, Zhou Guoqiang was released in January 1998; Liu Nianchun left for the United States in December 1998 for medical treatment; Zhang Lin was released in May 1997 and in October he left for the United States but returned and sneaked into China in November 1998 and was later sentenced to three years of fixed-term imprisonment on whoring; Yuan Hongbin and Xiao Biguang were not sentenced; Zheng Shaoqing and Chen Rongyan were already released in January 1998; Li Zhongmin and Gao Feng were not found.
14. 358. In conclusion, the Government points out that while the Chinese Constitution and Chinese law clearly provide for freedom of speech and freedom of association for the Chinese citizens, it also makes it a prerequisite that they can only exercise their rights within the scope stipulated by the Constitution and the law and should not bring harm to social security and the legitimate rights and interests of other people. Those included in the lists mentioned in the appendices, apart from those who could not be found, all committed acts which violate Chinese law. Most of them are criminals and their acts have nothing to do with freedom of association. The Chinese judicial departments have, in all cases, convicted them and measured their penalty on the basis of their actual crimes in accordance with judicial procedures provided for by the law. In the spirit of cooperating with the ILO in good faith and out of a sense of responsibility, the Chinese Government made careful investigations to find out the whereabouts of those in the lists in order to clarify the facts.

C. The Committee's conclusions

1. 359. The Committee recalls that the allegations in this case concerned violations of freedom of association in national legislation, the persistent recourse to arbitrary detention for trade unionists, the repeated use of "re-education through labour" sentences against workers for carrying out legitimate trade union activities, the torture of and denial of necessary medical treatment to detained unionists, the harassment and, in some cases, detention of unionists' family members and the dismissal of workers for legitimate trade union activity.
2. 360. The Committee first observes that the Government's reply is limited to only certain elements of the national legislation and the status of the allegedly detained trade unionists
   • National legislation
3. 361. In its previous examination of this case, the Committee had recalled its conclusions in Case No. 1652 (286th Report) in respect of the 1992 Trade Union Act to the effect that the obligations set forth in sections 5, 8 and 9 of that Act concerning trade union activity prevented the establishment of trade union organizations that are independent of the public authorities and of the ruling party, and whose mission should be to defend and promote the interests of their constituents and not to reinforce the country's political and economic system. The Committee had further recalled that sections 4, 11 and 13 resulted in the imposition of a trade union monopoly and that the requirement that grass-roots organizations be controlled by higher level trade unions and that their constitutions should be established by the National Congress of Trade Union Members constituted major constraints on the right of unions to establish their own constitutions, organize their activities and formulate programme (see 286th Report, paras. 713-717). The Committee therefore urged the Government to take the necessary steps to bring the Trade Union Act into conformity with the principles of freedom of association in the very near future.
4. 362. The Committee deeply regrets that the Government has not provided any information concerning the measures taken or envisaged in response to its previous recommendations concerning the Trade Union Act which were initially formulated in 1993. It would therefore once again urge the Government to review the Trade Union Act in the light of its previous conclusions and take the necessary measures to amend it so as to ensure full conformity with the principles of freedom of association.
5. 363. As concerns the Committee's conclusions in respect of the provisions in the 1995 Labour Law concerning collective bargaining, the Committee notes the Government's indication that the submission of collective contracts to the labour administration department is intended firstly to meet the need for registration for statistical purposes and secondly to enable the department to ensure that the substance of the contract conforms to national law and regulations. Furthermore, the Committee notes the Government's indication that section 46 which provides that wages shall be gradually raised on the basis of economic development actually refers to the guarantee of a minimum wage and not to any ceiling for collective bargaining purposes.
6. 364. The Committee continues to note, however, that the wording of section 34 of the Law is quite vague in terms of the types of objections which might be made in respect of collective contracts providing simply that they shall go into effect immediately, "if no objections are raised by the department within 15 days". The Committee would therefore request the Government to keep it informed in respect of the practical application of section 34, including information on the types of objections actually raised in respect of any collective contracts submitted to the labour administration department, as well as on any measures taken to clarify the wording of this section.
7. 365. As concerns the Committee's recommendation to amend the legislation so as to ensure that workers and their organizations are able to exercise strike action in defence of their social and economic interests, the Committee notes that the Government maintains that the current legislation, which provides for mediation and arbitration systems which preclude the right to strike (sections 79 to 83 of the Labour Law), adequately and appropriately reflect the requirements of Chinese society and the fundamental interests of the broad mass of workers. In these circumstances, the Committee must once again recall that it has always considered the right to strike to be one of the essential means through which workers and their organizations may promote and defend their economic and social interests (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 475). It therefore requests the Government to take the necessary measures for the legislation to be amended so as to ensure that workers are not punished for the exercise of this right.
8. 366. The Committee once again recalls to the Government that the technical assistance of the ILO is available in order to facilitate a review and revision of the above-mentioned legislation should the Government so desire
   • Detention of trade unionists
9. 367. The Committee notes with interest from the information provided in the Government's reply that a certain number of trade unionists allegedly detained and included in the various appendices to its last report either have been released or were not sentenced.
10. 368. The Committee must however note with deep concern that others continue to be detained, including certain individuals who had been named in earlier complaints and some who were detained as long ago as 1989
    • Workers' Autonomous Federation (WAF)
11. 369. As concerns the leaders and activists of the Workers' Autonomous Federation (WAF) (see Annex I), the Committee notes from the information provided by the Government that Yao Guisheng, Zhang Jingsheng and Li Wangyang continue to be detained for robbery. The Committee would recall, however, that the detention of these individuals had been raised in Case No. 1652 and that while, at that time, the Government had indicated that Yao Guisheng had been sentenced to 15 years' imprisonment for looting, the other two, according to the Government, had been sentenced to 13 years' for subversion against the Government (see 286th Report, annex). During its interim examination of this case in 1993, the Committee had expressed its serious concern at the severity of the sanctions pronounced by the tribunals against these members or leaders of workers' autonomous federations and asked the Government to re-examine their cases in order to put an end to their detention (see 286th Report, para. 728(e)). It had repeated this request when it made definitive conclusions in 1994 (see 292nd Report, para. 401(d)). Finally, during its interim examination of this present case, the Committee called upon the Government to take the necessary measures for the immediate release of these trade unionists (see 310th Report, para. 367(e)). In the light of its previous conclusions and recommendations concerning the detention of members of workers' autonomous federations, the Committee calls upon the Government to take all necessary measures to ensure the immediate release of Yao Guisheng, Zhang Jingsheng and Li Wangyang and to keep it informed of developments in this regard.
12. 370. Moreover, given that the Government has provided no further information concerning the Committee's recommendation to set up an independent investigation into the alleged acts of ill-treatment carried out in detention against Tang Yuanjuan, Leng Wanbao and Li Wei (see 310th Report, para. 367(e)), the Committee would once again request the Government to establish an independent investigation in respect of these allegations and to keep it informed of the outcome
13. 1989 detainees
14. 371. While noting from the information provided by the Government that many individuals included in the list of 1989 detainees have now been released, the Committee notes with deep concern that the following individuals are still serving sentences for committing the crime of "hooliganism": Chen Gang, Peng Shi, Liu Zhihua, Guo Yunqiao and Hu Min. The Committee deeply regrets that the Government has not provided any specific information on the nature of this crime of hooliganism. Under such circumstances and given the contradictory allegations made by the complainant that these individuals were arrested for having organized workers' demonstrations and strikes, the Committee can only maintain its previous conclusion that these individuals were arrested and sentenced for having carried out legitimate trade union activities (see 310th Report, para. 354). It therefore would recall its previous recommendation in this regard (see 310th Report, para. 367(f)) and request the Government to take the necessary measures to ensure the immediate release of the above-mentioned individuals and to keep it informed in this regard.
    • The Free Labour Union of China (FLUC)
15. 372. In its previous examination, the Committee had requested the Government to provide specific and detailed information on the charges brought against the members of the FLUC, including copies of any relevant court judgements. The Committee deeply regrets that the Government contents itself with merely repeating its previous statement that these individuals (with the exclusion of Rui Chaohui who was not found) had all committed the crime of endangering state security. In the absence of more detailed information in this respect, including the court judgements previously requested, and in the light of the allegations made in Case No. 1652 (not clearly denied by the Government) that there was a Communist Party directive calling for an investigation to track down the union (see 286th Report, para. 727 and 292nd Report, para. 388), the Committee cannot but conclude that these individuals have indeed been sentenced for carrying out legitimate trade union activities. It therefore calls upon the Government to take the necessary measures to ensure the immediate release of the FLUC members named in Annex III and to keep it informed of developments in this regard.
    • Beijing Workers' Autonomous Federation
16. 373. The Committee recalls the very specific and detailed allegations made previously in this case concerning the detention, harassment and ill-treatment of Zhou Guoqiang and his wife, Wang Hui (see 310th Report, paras. 357-358). While noting with interest that Zhou Guoqiang was released in January 1998, the Committee regrets that, once again, the Government has not provided any specific information in respect of the allegations of ill-treatment and harassment. The Committee must therefore call upon the Government to establish an independent investigation so as to determine the facts in this respect and punish those responsible. It requests the Government to keep it informed of the outcome of this investigation.
    • The Workers' Forum in Shenzhen
17. 374. While noting with interest that the members of the Workers' Forum allegedly detained (see 310th Report, Appendix IV) have, according to the Government, either been released, were not sentenced or have not been found, the Committee notes with regret that the Government has provided no information in respect of its previous recommendation to investigate the dismissals in 1993 of Li Wenming and his colleagues. The Committee must therefore once again call upon the Government to investigate these dismissals and, if it appears that they were due to the exercise of trade union activity, to take the necessary measures to ensure that Li Wenming and his colleagues are reinstated in their posts should they so desire.
    • Other labour activists allegedly detained
18. 375. In respect of its previous recommendations concerning alleged detainees listed in Appendix V of its interim report in this case (310th Report), the Committee further notes the information provided by the Government to the effect that: Liu Nianchun left for the United States for medical treatment in December 1998; Zheng Shaoqing and Chen Rongyan were released in January 1998; Yuan Hongbin and Xiao Biguang were not sentenced; and Gao Feng and Li Zhongmin were not found. The Committee notes with regret, however, that the Government has not provided any information in respect of its recommendation to establish an independent investigation into the serious allegations of torture and ill-treatment raised in respect of Liu Nianchun in order to determine and punish those responsible. It therefore once again requests the Government to establish an independent investigation into these serious allegations and to keep it informed of the outcome.
19. 376. As concerns Yuan Hongbin, the Committee would recall that the complainant has not alleged that he was officially sentenced, but rather that he was confined to a library in Guiyang. The Committee therefore calls upon the Government to establish an investigation into the whereabouts of Yuan Hongbin and, if it turns out that he is being confined to a library, to ensure that his freedom of movement is immediately restored. It requests the Government to keep it informed of developments in this regard.
20. 377. As concerns Zhang Lin, the Committee notes that, according to the Government, he was released in May 1997, left for the United States, but returned and sneaked into China in November 1998 to be sentenced later to three years' imprisonment for "whoring". The Committee would recall in this respect that the allegations concerning the initial detention of Zhang Lin related to his membership in the League for the Protection of the Rights of Working People. It would therefore request the Government to re-examine his case and, if it appears that this second sentencing is also linked to trade union activities, to ensure his immediate release. It requests the Government to keep it informed in this respect.

The Committee's recommendations

1. 378. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Recalling that the Committee has already concluded that several provisions of the Trade Union Act are contrary to the fundamental principles concerning the right of workers without distinction whatsoever to form and join organizations of their own choosing without previous authorization and the right of trade unions to establish their constitutions, organize their activities and formulate their programmes, the Committee once again urges the Government to take the necessary steps to ensure that sections 4, 5, 8, 9, 11 and 13 of the Act are amended as indicated in its conclusions.
   • (b) The Committee requests the Government to keep it informed in respect of the practical application of section 34 of the Labour Law, including information on the types of objections actually raised in respect of any collective contracts submitted to the labour administration department, as well as on any measures taken to clarify the wording of this section.
   • (c) The Committee once again urges the Government to take the necessary steps to amend sections 79 to 83 of the Labour Law as indicated in the conclusions so as to ensure that workers and their organizations are not punished for exercising the right to strike in defence of their social and economic interests.
   • (d) The Committee once again recalls to the Government that the technical assistance of the ILO is available in order to facilitate a review and revision of the above-mentioned legislation should the Government so desire.
   • (e) The Committee requests the Government to take the necessary measures to ensure the immediate release of Yao Guisheng, Zhang Jingsheng and Li Wangyang, members of workers' autonomous federations and to keep it informed of developments in this regard. It also requests the Government once again to set up an independent investigation into the alleged acts of ill-treatment carried out in detention against Tang Yuanjuan, Leng Wanbao and Li Wei and to keep the Committee informed of the outcome of the investigation.
   • (f) The Committee once again requests the Government to take the necessary measures to ensure the immediate release of Chen Gang, Peng Shi, Liu Zhihua, Guo Yunqiao and Hu Min, arrested in 1989 (see Annex II) and to keep it informed of developments in this regard.
   • (g) Regretting that the Government has not provided the specific and detailed information requested in respect of the charges brought against the members of the Free Labour Union of China cited in Annex III, the Committee calls upon the Government to take the necessary measures to ensure their immediate release and to keep it informed of developments in this regard.
   • (h) Noting with regret that the Government has not provided any specific information in respect of the allegations of ill-treatment and harassment relating to Zhou Guoqiang and his wife, Wang Hui, the Committee calls upon the Government to establish an independent investigation so as to determine the facts in this respect and punish those responsible. It further requests the Government to keep it informed of the outcome of this investigation.
   • (i) Noting that the Government has not provided any information in response to its previous recommendation concerning the dismissals of Li Wenming and his colleagues (Workers' Forum members) in 1993, the Committee once again calls upon the Government to investigate these dismissals and, if it appears that they were due to the exercise of trade union activity, to take the necessary measures to ensure that Li and his colleagues are reinstated in their posts should they so desire.
   • (j) While noting that Liu Nianchun has been released and gone to the United States for medical treatment, the Committee once again calls upon the Government to establish an independent investigation into the serious allegations of torture and ill-treatment raised in respect of Liu Nianchun in order to determine and punish those responsible. It requests the Government to keep it informed of the outcome of the investigation.
   • (k) The Committee calls upon the Government to establish an investigation into the whereabouts of Yuan Hongbin and, if it turns out that he is being confined to a library, to ensure that his freedom of movement is immediately restored. It further requests the Government to keep it informed of developments in this regard.
   • (l) The Committee requests the Government to re-examine the case of detention of Zhang Lin, a member of the League for the Protection of the Rights of Working People, and, if it appears that the sentencing is linked to his trade union activities, to ensure his immediate release. It requests the Government to keep it informed in this respect.

Annex I

1. Workers' Autonomous Federation (WAF) leaders and militants
2. =================================================================
3. Name Government's latest information
4. =================================================================
5. Tang Yuanjuan Released
6. Leng Wanbao Released
7. Li Wei Released
8. Wang Miaogen Released
9. Hu Nianyou Released
10. Yao Guisheng Imprisoned for robbery
11. Zhang Jingsheng Imprisoned for robbery
12. Wang Changhuai Released
13. Li Wangyang Imprisoned for robbery
14. =================================================================
15. Annex II
16. Additional list of 1989 detainees
17. =================================================================
18. Name Government's latest information
19. =================================================================
20. Chen Gang 11 years' imprisonment for hooliganism
21. Peng Shi 10 years' imprisonment for hooliganism
22. Liu Zhihua 11 years' imprisonment for hooliganism
23. Guo Yunqiao 13 years' imprisonment for hooliganism
24. Mao Yuejin Released
25. Hu Min 11 years' imprisonment for hooliganism
26. Wang Zhaobo Released
27. Huang Lixin Released
28. Huang Fan Sentence commuted and released in 1993
29. Wan Yuewang Released
30. Pan Quibao Released
31. Yuan Shuzhu Investigated for hooliganism in 1989
32. and released in the same year
33. =================================================================
34. Annex III
35. Free Labour Union of China detainees
36. =================================================================
37. Name Government's latest information
38. =================================================================
39. Liu Jingsheng Imprisonment for endangering state
40. security
41. Hu Shigen "
42. Kang Yuchun "
43. Wang Guoqi "
44. Lu Zhigang "
45. Wang Tiancheng "
46. Chen Wei "
47. Zhang Chunzhu "
48. Rui Chaohuai Not found
49. Li Quanli Imprisonment for endangering state
50. security
51. =================================================================
52. Annex IV
53. The "Workers' Forum" in Shenzhen detainees
54. =================================================================
55. Name Government's latest information
56. =================================================================
57. Li Wenming Released
58. Guo Baosheng Released
59. Kuang Lezhuang Released
60. Liao Hetang Not sentenced
61. Fang Yiping "
62. He Fei "
63. Zeng Jiecheng "
64. Lan Chunquan "
65. Wu Chun "
66. Liu Hutang Not found
67. Zhang Wuyan Not sentenced
68. Wan Xiaoying "
69. Song Xianke "
70. Huang Zhong Not found
71. =================================================================
72. Annex V
73. Other labour activists figuring in the complaint
74. =================================================================
75. Name Government's latest information
76. =================================================================
77. Gao Feng Not found
78. Zhou Guoqiang Released January 1998
79. Liu Nianchun Released and left for the US in
80. December 1998
81. Yuan Hongbin Not sentenced
82. Zhang Lin Released in May 1997, went to the US
83. and returned to China in November
84. 1998. Presently serving three years'
85. sentence of imprisonment
86. Xiao Biguang Not sentenced
87. Zheng Shaoqing Released in January 1998
88. Chen Rongyan Released in January 1998
89. Li Zhongmin Not found
90. =================================================================