Rapport intérimaire - Rapport No. 397, Mars 2022

Cas no 3184 (Chine) - Date de la plainte: 15-FÉVR.-16 - Actif

Allegations: Arrest and detention of eight advisers and paralegals who have provided support services to workers and their organizations in handling individual and/or collective labour disputes, as well as police interference in industrial labour disputes

1. 114. The Committee last examined this case (submitted in February 2016) at its June 2021 meeting, when it presented an interim report to the Governing Body [see 395th Report, paras 95–121, approved by the Governing Body at its 342nd Session (June 2021)]. 
2. 115. The Government forwarded its observations in a communication dated 19 January 2022.
3. 116. 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. 117. At its June 2021 meeting, the Committee made the following recommendations [see 395th Report, para. 121]:
   • (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.

B. The Government’s reply

1. 118. In its communication dated 19 January 2022, the Government indicates that despite the difficulties brought about by the COVID-19 pandemic, it has conducted a special investigation to collect relevant information with the uttermost effort.
2. 119. The Government provides the following information on the individual cases:
   • A measure of criminal detention was imposed on Mr Meng Han on 31 August 2019 by the public security organ of Guangzhou City on suspicion of provocative offence. Given that Mr Meng Han had adopted a good attitude in admitting his mistake, on 7 October 2019, he was imposed the measure of obtaining a guarantor pending trial for a period of one year. He then returned to his rented dwelling in Nansha District. During the period of obtaining a guarantor pending trial, Mr Meng Han cooperated with the public security organ and effectively met the obligations related to obtaining a guarantor pending trial. On 7 October 2020, the public security organ lifted the measure imposed after the period of obtaining a guarantor pending trial expired.
   • According to the judgement by the Intermediate People’s Court of Nanyang City on 25 December 2019, the appeal of Mr Wu Lijie was rejected and the original judgment upheld, that is, Mr Wu Lijie was sentenced to three years of imprisonment and a fine of 30,000 yuan for the crime of illegal business operation. Mr Wu Lijie started to serve his sentence in Nanyang prison on 15 January 2020. He was released on 23 October 2021, after serving his sentence.
   • Messrs Zhang Zhiyu, Jian Hui, Wu Guijun, He Yuancheng and Song Jiahui were convicted of crime of assembling crowds to disturb the public order on 24 April 2020 and sentenced to various terms of probation. All of them are currently under community correction in Shenzhen and their situation is normal.
   • On 24 April 2020, the People’s Court of Pingshan District, Shenzhen held a video trial of Messrs Yang Zhengjun, Wei Zhili and Ke Chengbing on suspicion of provocative offences. The three accused had no objections to the criminal facts charged by the procuratorate and all of them were sentenced to one year and a half of imprisonment with a three-year probation term. Mr Yang is currently under community correction in Nanshan District, Shenzhen and works as a part-time editor for a financial magazine. Mr Wei is currently under community correction in Beiyun District, Guangzhou. He has no fixed job and assists his wife in operating an online store. Mr Ke is currently under community correction in Longhua District, Shenzhen. He plans to take the entrance exam for postgraduate study and is preparing for the exam at home.
   • Out of discontent with their employer, JASIC Technology, Messrs Mi Jiuping, Liu Penghua, Yu Juncong and Li Zhan assembled at the gate of the company many times during the period from May to July 2018. They intimidated and verbally abused other workers and forced their way into the factory and workshops of the company, disrupted the normal production order of the company and caused severe economic losses. Thereafter, they assembled illegally many times and severely disrupted public order. In April 2019, the People’s Court of Pingshan District, Shenzhen made a first instance judgement on the case concerning assembling crowds to disrupt public order by Messrs Mi Jiuping, Liu Penghua, Yu Juncong, and Li Zhan. The four persons were sentenced to one year and six months imprisonment with a three-year probation for the crime of assembling crowds to disrupt public order. Mr Mi Jiuping and the other three persons are currently under community correction and they work and live normally.
   • Since July 2018, Mr Fu Changguo has organized and led many people to assemble illegally in various public spaces in Shenzhen, and was suspected of committing offence of assembling crowds to disrupt public order. On 10 August 2018, Mr Fu turned himself in to the Shenzhen Municipal Public Security Organ. In July 2019, considering that Mr Fu admitted the offence committed as well as the circumstances that he was an accessory and turned himself in, Shenzhen Municipal Procuratorate decided according to the law not to lodge a prosecution against him. At present, Mr Fu lives and works normally in Shenzhen.
3. 120. The Government further provides information on the activities the JASIC Technology Trade Union is involved in. In particular, the Government indicates that the union strengthens the standardized institution building by intensifying training of trade union officers on trade union matters, providing guidance in establishing six specialized committees including the labour dispute mediation committee, and developing and improving 32 operational rules and regulations. The union also provides targeted services to workers, facilitating the improvement of catering services and conducting various activities, such as holiday greeting activities, assistance to workers in difficult situations, cultural and sports activities. The union also strengthens capacity-building of the workforce, supporting workers participating in education and training for diploma, skills and general competences. Some 21 workers have been enrolled in a four-year college programme through the “Realizing Dreams” project run by Guangzhou Municipal Federation of Trade Unions and more than 1,500 workers have participated in skills training sessions.
4. 121. The Government reiterates that it has been cooperating with the Committee and has done its uttermost to provide relevant information since the filing of this case. It further reiterates that Mr Zeng Feiyang and other persons were not subject to cruel treatment during their detention. The public security organ of China dealt with the case of Mr Zeng Feiyang and other cases in strict conformity with the relevant legal provisions, and the legitimate rights of the persons concerned were sufficiently safeguarded in the process of handling the cases. The Government indicates that it had previously provided information on Ms Li Ziyi, Ms Sun Jiayan, Ms Chen Ke Xin, and Messrs Jia Shijie, Feng Junjie, Ma Shize, Yan Zihao and Zhang Ziwei and regrets that they are still included in the list of Appendix II.
5. 122. The Government further informs that pursuant to the Criminal Procedure Law and its judicial interpretations, there is no legal basis for providing copies of court judgements to the international organizations by the Government of China.
6. 123. The Government concludes by pointing out that it has made tremendous efforts to gather information on the persons involved in this case. It regrets, however, that it was given only the names of many persons involved without any other information, which made it very difficult to identify individual persons and totally impossible to verify some of the events mentioned in the complainant’s allegations. The Government hopes 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 and their exercise pursuant to the Constitution and relevant laws. But like any other country, the Chinese workers and their organizations shall abide by relevant provisions of national laws, in particular laws and regulations on social governance, in exercising the aforementioned rights in order to safeguard the social and public order and ensure the legitimate rights of other people and organizations

C. The Committee’s conclusions

1. 124. The Committee recalls that this case concerns allegations of arrest and detention on charges of “gathering a crowd to disturb public order” of advisers and paralegals who have provided support services to workers and their organizations in handling individual and/or collective labour disputes. The Committee thanks the Government for its reply to the Committee’s previous recommendations.
2. 125. The Committee recalls, in particular, that Mr Meng, one of the advisers, sentenced to imprisonment on the above charges, had allegedly had his identification documents withheld by the authorities following his release from prison. The Committee further recalls that it had previously noted with concern the allegation that Mr Meng was under police surveillance to prevent him from assuming his role as a worker activist. The Committee notes that the Government reiterates its previous indication that given that Mr Meng had adopted a good attitude in admitting his mistake, on 7 October 2019, he was imposed the measure of obtaining a guarantor pending trial for a period of one year. He then returned to his rented dwelling in Nansha District. During the period of obtaining a guarantor pending trial, Mr Meng cooperated with the public security organ and effectively met the obligations related to obtaining a guarantor pending trial. Noting the Government’s indication that on 7 October 2020, the public security organ lifted the measure imposed after the period of obtaining a guarantor pending trial expired, the Committee requests the Government to clarify more specifically that Mr Meng’s identification documents have been delivered to him, that he is no longer being prosecuted on charges of “picking quarrels and provoking trouble” and that he is no longer under any measure of supervision by the authorities.
3. 126. Regarding the case of Mr Wu Lijie, the Committee recalls that it had previously noted the Government’s indication that he was convicted of the crime of illegal business operation and sentenced to three years’ imprisonment and a fine of 30,000 yuan. Given the vague nature of the information provided by the Government concerning Mr Wu Lijie’s conviction, the Committee requested the Government to transmit a copy of the court judgment in this case. The Committee notes the Government’s indication that Mr Wu was released on 23 October 2021 after serving his sentence.
4. 127. The Committee notes the information provided by the Government regarding Messrs Zhang Zhiyu, Jian Hui, Wu Guijun, He Yuancheng and Song Jiahui confirming that they were convicted of the crime of assembling crowds to disturb the public order on 24 April 2020 and sentenced to various terms of probation. The Government indicates that all of them are currently under community correction in Shenzhen and their situation is “normal”. The Committee recalls that according to the complainant, the five labour activists were prosecuted because of their involvement with organizing workers, providing advice and assistance. The Committee further recalls that it had noted from the information provided by the Government that the five individuals charged with the crime of assembling crowds to disturb public order received the following sentences on 24 April 2020: 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.
5. 128. The Committee recalls that Mr Fu Changguo (arrested in July 2018), Mr Yang Zhengjun (initially detained on 8 January 2019), Messrs Ke Chengbing and Wei Zhili (initially detained on 20 March 2019), were suspected of committing an offence of assembling crowds to create disturbances. The Committee notes the Government’s indication that Mr Fu Changguo organized and led many people to assemble illegally in various public spaces in Shenzhen, and was suspected of committing the offence of assembling crowds to disrupt public order. On 10 August 2018, Mr Fu turned himself in to Shenzhen Municipal Public Security Organ. In July 2019, considering that Mr Fu admitted the offence committed as well as the circumstances that he was an accessory and turned himself in, Shenzhen Municipal Procuratorate decided not to lodge a prosecution against him. At present, Mr Fu lives and works “normally” in Shenzhen.
6. 129. The Committee further notes the Government’s indication that on 24 April 2020, the People’s Court of Pingshan District, Shenzhen held a video trial of Messrs Yang Zhengjun, Wei Zhili and Ke Chengbing on suspicion of provocative offences. The three accused had no objections to the criminal facts charged by the procuratorate and all of them were sentenced to one year and six months of imprisonment with a three-year probation term. According to the Government, Mr Yang is currently under community correction in Nanshan District, Shenzhen and works as a part-time editor for a financial magazine. Mr Wei is currently under community correction in Beiyun District, Guangzhou. He has no fixed job and assists his wife in operating an online store. Mr Ke is currently under community correction in Longhua District, Shenzhen. He plans to take the entrance exam for postgraduate study and is preparing for the exam at home.
7. 130. Regarding the criminal cases against Messrs Mi Jiuping, Liu Penghua, Yu Juncong and Li Zhan, in relation to the exercise of their right to assembly, the Committee notes the Government’s indication that the four individuals, out of discontent with their employer, JASIC Technology, assembled at the gate of the company many times during the period from May to July 2018. They intimidated and verbally abused other workers and forced their way into the factory and workshops of the company, disrupted the normal production order and caused severe economic losses. Thereafter, they assembled illegally many times and severely disrupted public order. In April 2019, the People’s Court of Pingshan District, Shenzhen made a first instance judgement on the case concerning assembling crowds to disrupt public order by Messrs Mi Jiuping, Liu Penghua, Yu Juncong, and Lizhan. The four persons were sentenced to one year and six months imprisonment with a three-year probation for the crime of assembling crowds to disrupt public order. Mr Mi Jiuping and the other three persons are currently under community correction and they work and live “normally”.
8. 131. With regard to all of the cases above, the Committee must once again recall that the right to organize public meetings constitutes an important aspect of trade union rights. It further recalls once again that the detention of trade unionists for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular and that workers should enjoy the right to peaceful demonstration to defend their occupational interests [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, paras 123 and 208]. The Committee deeply regrets the absence of any indication as to whether the Government submitted the Committee’s examination of this long-standing case to the relevant courts, as per the Committee’s previous request.
9. 132. The Committee recalls that it had requested the Government to provide copies of the relevant judicial decisions in cases of the labour activists, advisers and paralegals examined in the present case. The Committee notes the Government’s indication that it cannot provide court judgments as per the Committee’s request as the legislation in force does not provide for such a possibility, which would appear to imply that court decisions and judgments are not public. The Committee recalls that in many cases, it has asked the governments concerned to communicate the texts of any judgments that have been delivered together with the grounds adduced therefor. The Committee has emphasized that when it requests a government to furnish judgments in judicial proceedings, such a request does not reflect in any way on the integrity or independence of the judiciary. The very essence of judicial procedure is that its results are known, and confidence in its impartiality rests on their being known [see Compilation, paras 179 and 180]. The Committee recalls that the International Covenant on Civil and Political Rights, in article 14, states that everyone shall be entitled to a fair and public hearing. The Committee emphasizes that the right to a fair and public hearing implies the right for the judgment or decision to be made public and that the publicizing of decisions is an important safeguard in the interest of the individual and of society at large. The Committee also recalls that the absence of guarantees of due process of law may lead to abuses and result in trade union officials being penalized by decisions that are groundless. It may also create a climate of insecurity and fear which may affect the exercise of trade union rights [see Compilation, para. 171]. Observing once again the general nature of the accusations against the above labour activists as described by the Government, the Committee urges the Government to transmit without further delay copy of all relevant judicial decisions in cases of Messrs Meng, Wu Lijie, Zhang Zhiyu, Jian Hui, Wu Guijun, He Yuancheng, Song Jiahui, Yang Zhengjun, Wei Zhili, Ke Chengbing, Mi Jiuping, Liu Penghua, Yu Juncong and Li Zhan.
10. 133. Further in this connection, the Committee recalls that in its previous examination, it had noted the complainant’s general allegation that it was not possible for workers and labour activists to participate in a legitimate strike or demonstration without violating the law that prohibits the disturbance of public order; and that it was common for the prosecutor and the court to view industrial action taken by workers as public security violations rather than as the exercise of fundamental rights. The Committee had noted the Government’s general observation that the Law on Assemblies, Processions and Demonstrations was a special law that regulated the demonstrations of Chinese citizens enacted to serve two purposes: (1) safeguard citizens’ exercise of their right to assembly, procession and demonstration according to law; and (2) maintain social stability and public order. The Committee observed that while some of the specific requirements relating to demonstration would clearly be in conformity with the principles of freedom of association (such as the ban on weapons, controlled cutting tools or explosives and the use of violence), several others appeared quite broad in nature and their implementation could give rise to a violation of freedom of association. In particular, the Committee observed with concern the Government’s indication that no citizen shall, in a city other than their place of residence, start, organize or participate in an assembly, a procession or a demonstration of local citizens. Recalling that workers should enjoy the right to peaceful demonstration to defend their occupational interests [see Compilation, para. 208], the Committee considered that this geographical restriction placed by legislation on the right to demonstrate is not in conformity with the freedom of peaceful assembly. Regretting the absence of any information in this regard, the Committee once again requests the Government to indicate all steps taken to facilitate 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.
11. 134. The Committee further recalls that it had requested 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. The Committee regrets that the Government merely reiterates that Mr Zeng Feiyang and other persons were not subject to cruel treatment during their detention, that the public security organ of China dealt with the case of Mr Zeng Feiyang and other cases in strict conformity with the relevant legal provisions, and that the legitimate rights of the persons concerned were sufficiently safeguarded in the process of handling the cases. The Committee is therefore obliged to once again urge the Government to transmit a copy of the investigation report to which it had previously referred.
12. 135. While noting the Government’s indication that it has made tremendous efforts to collect relevant information on this case, the Committee regrets the absence of information on the outcome of an investigation regarding the alleged beatings or injuries suffered by workers and their representatives at the shoe factory. The Committee therefore once again urges the Government to carry out an investigation into these allegations without further delay and to keep it informed of the steps taken and of the outcome.
13. 136. The Committee recalls the allegations of violation of workers’ rights to establish a trade union in full freedom without previous authorization at the technology company in Shenzhen, as well as arrests, detention, ill-treatment and disappearance of labour activists and supporters of the company’s workers and the detailed account of the events that gave rise thereto. The Committee noted in particular, that the establishment of a trade union at the technology company was only possible with the involvement and approval of the Federation of Trade Unions (FTU). In this respect, the Committee further noted that according to the ITUC, the overall legislative framework did not allow workers to join or form trade unions unless the local unions affiliate with the All-China Federation of Trade Unions (ACFTU) and that in this particular case, the nine-member trade union committee finally elected was effectively dominated by management with the company investment director as the trade union chairperson.
14. 137. While noting the information once again provided by the Government on the work of and contributions made by the trade union at the technology company, the Committee deeply regrets that the Government continues not to reply to the numerous allegations of enterprise interference in the creation of the union, including management representation in its leadership, that are at issue in this case. The Committee once again recalls that all appropriate measures should be taken to guarantee that, irrespective of trade union affiliation, trade union rights can be exercised in normal conditions with respect for basic human rights and in a climate free of violence, pressure, fear and threats of any kind [see Compilation, para. 73]. The Committee further recalls once again 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 [see Compilation, para. 475] and once again calls upon the Government to ensure this right for all workers.
15. 138. Furthermore, regretting that the Government has not replied to its previous recommendation regarding the dismissal of a number of workers of the technology company, it 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.
16. 139. The Committee takes due note of the Government’s indication that while it has made efforts to gather information on the people involved in the present case, the absence of further detailed information made it hard to identify the individuals and impossible to verify some of the events alleged by the complainant. The Committee nevertheless observes with deep regret that it was apparently not possible for the Government to provide any information in relation to the whereabouts, charges, judgments, or convictions of any of those individuals mentioned in Appendix I, as previously requested. The Committee finds itself bound therefore to once again urge 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, as set out in Appendix I, as well as criminal charges laid against some and sanctions imposed. The Committee notes the Government’s reference to the information it had previously provided regarding Ms Li Ziyi, Ms Sun Jiayan, Ms Chen Ke Xin and Messrs Jia Shijie, Feng Junjie, Ma Shize, Yan Zihao and Zhang Ziwei, mentioned in Appendix II (list of individuals detained or disappeared submitted by the ITUC in its communication dated 11 February 2020) and recalls that it had taken note of this information when it examined the case at its October 2020 session (see 392nd Report, para. 489). The Committee regrets once again, however, that the Government provides no information regarding the three workers, namely Lan Zhiwei, Zhang Zeying, and Li Yanzhu, which appear in Appendix II. It therefore, once again, requests the Government to confirm that they have not been arrested, detained or prosecuted. The Committee further once again requests the complainant organization to furnish any additional information it may have in relation to the persons on the lists (Appendices I and II).
17. 140. 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, 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 the Government to 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. The Committee invites the Government to accept a direct contacts mission to understand better the situation on the ground and resolve any pending matters.

The Committee’s recommendations

1. 141. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following:
   • (a) The Committee requests the Government to clarify more specifically that Mr Meng’s identification documents have been delivered to him, that he is no longer being prosecuted on the charges of “picking quarrels and provoking trouble” and that he is no longer under any measure of supervision by the authorities.
   • (b) The Committee urges the Government to transmit without further delay a copy of all relevant judicial decisions in cases of Messrs Meng, Wu Lijie, Zhang Zhiyu, Jian Hui, Wu Guijun, He Yuancheng, Song Jiahui, Yang Zhengjun, Wei Zhili, Ke Chengbing, Mi Jiuping, Liu Penghua, Yu Juncong and Li Zhan.
   • (c) The Committee once again requests the Government to provide information on all steps taken to facilitate 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.
   • (d) 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.
   • (e) 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.
   • (f) 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.
   • (g) 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.
   • (h) 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, as set out in Appendix I, as well as criminal charges laid against some and sanctions imposed.
   • (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 requests the complainant organization to furnish any additional information it may have in relation to the persons referred to in the above recommendations (h) and (i).
   • (k) Recalling that such grave allegations as examined in this case 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 the Government to make 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.
   • (l) The Committee invites the Government to accept a direct contacts mission to understand better the situation on the ground and resolve any pending matters.

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 2018 that he had been beaten. Further requests to meet with his lawyer have been denied. Not reachable.
4. 4. Mr Li Zhan: former 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 his 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.