III. Monitoring Compliance With Human Rights

III(c) PROTECTION OF INTERNATIONALLY RECOGNIZED LABOR RIGHTS

Conditions for China's Workers | Internationally Recognized Labor Standards | Freedom of Association and Collective Bargaining | Wages and Working Hours | Wage and Pension Arrears | Workplace Health and Safety | U.S.-China Bilateral Programs | Forced Labor | Child Labor

FINDINGS

• The Chinese government does not recognize the core labor rights of freedom of association and collective bargaining. The government prohibits independent labor unions and punishes workers who attempt to establish them.
• Wage and pension arrears are among the most important problems that Chinese workers face. Despite new government regulations seeking to address the problem of unpaid wages and pensions, Chinese workers continue to struggle to collect wages and benefits because the relevant agencies do not enforce the regulations.
• Workplace health and safety conditions are poor for millions of Chinese workers, especially those in the coal mining industry. China's state-run news media have reported, with some exceptions, workplace accidents more openly and promptly than in previous years, even when workers have been killed or injured.
• Forced labor is an integral part of the Chinese administrative detention system, and child labor remains a significant problem in China, despite being prohibited by law.

Conditions for China's Workers

The growing number of labor protests during 2004 and 2005 is one indication that many Chinese workers are frustrated by the lack of government action to enforce labor regulations and rules.¹ Some workers protested because they did not receive the wages owed them, others because corrupt officials stole their pension funds.² The government often arrests workers who lead peaceful labor protests and detains them without permitting access to a lawyer.³

Chinese central, provincial, and local governments adopted regulations during the past year to address the growing problems of wage arrears and unsafe working conditions.⁴ These new regulations lack enforcement mechanisms, and most workers lack the money and legal resources to enforce their rights to a minimum wage, overtime pay, or safe working conditions.⁵ According to the Procuratorate Daily, workers are vulnerable because they are not aware of their rights.⁶ The All-China Federation of Trade Unions (ACFTU), China's sole legal union, with few exceptions, rarely helps workers resolve workplace problems.⁷ Chinese news media, however, have reported on the problems that workers have in enforcing their rights.⁸

Some Chinese legislators, academic experts, and labor leaders advocate labor law reform in China. For example, a National People's Congress delegate called for a major revamping of outdated labor laws that he argued are still tied to an economy dominated by state-owned enterprises and no longer relevant in China's developing market economy.⁹ A similar opinion piece in the China Daily, also advocating labor law reform, stated the case for more protections for workers, particularly migrants:

There are more than 100 million migrant workers in China's cities. Scattered throughout various sectors, they work long hours and earn poor salaries. Some of them, such as construction workers, live in shabby temporary housing. Worse, their interests are not adequately cared for. Defaults on their payment are common.¹⁰

Deaths from accidents in Chinese coal mines have compelled central, provincial, and local government officials to make public statements in support of coal miners.¹¹ In practice, however, the government has been ineffective in their efforts to improve unsafe working conditions in most mines.¹² Chinese labor laws and regulations do not grant miners the right to refuse to work when conditions are dangerous. For example, before a 2005 mine disaster in Shaanxi province, managers told the miners to return to work after they tried to leave the mine because of dangerous conditions. The miners faced a fine of 100 yuan if they refused to return to work.¹³

Internationally Recognized Labor Standards

The Chinese government has ratified the International Labor Organization's (ILO) Declaration on Fundamental Principles and Rights at Work (the "1998 Declaration") but has not fulfilled commitments under the Declaration. The ILO's Fundamental Principles apply to all members and are a basic set of rights that require governments to allow workers to associate, to bargain collectively, to be free from forced labor, to be free from discrimination in employment, and to take steps to eliminate the worst forms of child labor.¹⁴ China has ratified three of the eight ILO core conventions, which provide guidance on the full scope of the rights and principles in the 1998 Declaration, including two on child labor and one on equal remuneration for men and women.¹⁵ A member of the ILO since its founding,¹⁶ China has been a member of the ILO Governing Board since June 2002.¹⁷

The Chinese government has adopted a number of regulations that protect such worker rights as the right to receive a wage for work performed but rejects the basic internationally recognized rights of Chinese workers to form independent unions and bargain collectively. The International Covenant on Economic, Social, and Cultural Rights (ICESCR), which China ratified in 2002, guarantees the rights of workers to organize independent trade unions. At the time of ratification, the Chinese government took a reservation to ICESCR provisions that conflict with the Chinese Constitution and domestic labor laws.¹⁸

Despite being a member of the ILO's Governing Board, the Chinese government has avoided discussions with the international labor community on Chinese workers' rights. For example, in December 2004, government officials cancelled a conference involving representatives of the Organization for Economic Cooperation and Development (OECD) that sought to review socially responsible investment in China and the role of longstanding OECD investment guidelines for multinational companies. International trade unionists criticized the cancellation and noted that it reflected the Chinese government's lack of interest in discussing the application of international labor standards to Chinese workers.¹⁹

Freedom of Association and Collective Bargaining

The Chinese government recognizes the All-China Federation of Trade Unions (ACFTU) as the sole representative of Chinese workers.²⁰ The ACFTU claims 120 million members, but ACFTU members cannot exercise internationally recognized labor rights. The Communist Party controls the ACFTU; Wang Zhaoguo, the Federation's chairman, is a member of the Party Politburo.²¹ The Party's influence prevents the ACFTU from assisting workers in any way that violates Party guidelines.²² Moreover, Chinese workers are not allowed to freely elect their ACFTU representatives.²³

The National People's Congress eliminated the right to strike in 1982 when it revised the Chinese Constitution,²⁴ yet strikes and labor protests continue in China. Strike leaders are subject to arrest by local public security authorities.²⁵ Local governments usually tolerate small-scale demonstrations and sit-ins, but commonly arrest and imprison the leaders of large protest marches.²⁶ ACFTU representatives generally do not assist workers during demonstrations or strikes. In one case, a group of migrant workers, who were fired after a conflict with an automobile manufacturer over wages and benefits, sued in court to force ACFTU action. The case was referred to an arbitration committee and is still pending.²⁷

Faced with declining membership, the ACFTU has begun to look for new sources of income. By 1999, the union's large bureaucracy was dependent on dues from approximately 87 million members, a decline of some 100 million workers from its membership peak.²⁸ The ACFTU has recently begun looking to workers in foreign-owned enterprises as a new source of dues, portraying itself as an organization that wants to assist workers employed in foreign-owned facilities.²⁹ Faced with pressure from the ACFTU and other government officials, one foreign-owned enterprise agreed to permit the ACFTU to represent its workers in one city.³⁰ In another case, a foreign-owned enterprise initially resisted ACFTU demands, offering instead to recognize the union if the workers requested it.³¹

Some local ACFTU branches are attempting to help workers, within the confines of Party and government policy. For example, the Tianjin Trade Union Council has developed a system to aid workers who have employment problems, to monitor safety problems and accidents, and to deal with employee-employer disputes. The union uses computers to track accidents and conduct prompt investigations to preserve evidence and witness testimony. The union also offers legal aid, represents unpaid workers, and provides low cost clothing, food, and cash subsidies for impoverished workers. The Shenzhen Federation of Trade Unions also offers legal aid for workers in cases of unlawful discharge, occupational injuries, and compensation arrears.³²

Wages and Working Hours

Several provinces raised the minimum wage over the past year. For example, in December 2004, Guangdong province increased the minimum wage in seven categories by an average of 8.6 percent. Each region within the province sets its own wage category rates, which range from 352 yuan ($42.60) to 684 yuan ($82.64) per week.³³ But Chinese employees now have to pay the social security fee, which the employer once paid. With the social security fee subtracted, the average raise is only 3.73 percent.³⁴

One important cause of the increase in labor disputes and protests in China in recent years is underpayment of wages.³⁵ Despite the minimum wage regulations, many employers ignore mandated wage rates.³⁶ Auditors hired by foreign purchasers often find that factory managers in China falsify time cards and payroll records to avoid paying the legal minimums. Auditors have also concluded that factory managers are becoming more sophisticated in disguising such misrepresentations. Some company auditors estimate that managers at more than half the factories they visit in China alter at least some of their payroll records.³⁷

Chinese law mandates time and a half for work over 40 hours per week and limits overtime to 36 hours per month.³⁸ According to a trade union official in Jiangsu province, companies should negotiate with the union about overtime, but few companies follow the relevant regulations.³⁹ A recent China Social Security Center survey showed that, of 1,218 workers surveyed in Beijing, 65.6 percent worked more than eight hours per day, and 20 percent worked more than 10 hours per day. Although many workers think that working long hours has a negative effect on their health, their base pay is so low that most are willing to work overtime for extra pay.⁴⁰

Wage and Pension Arrears

Unpaid wages and pensions remain serious problems for Chinese workers, and the resulting labor unrest is generating government concern.⁴¹ When the State Council issued a regulation in late 2004 to resolve the wage arrears problem, Cao Kangtai, the Director of the Legal Affairs Office, said that "the regulation was designed to maintain social stability. . . ."⁴² A march by 1,000 workers in Shenzhen against the loss of severance pay resulted in blocked roads, traffic jams, and violence when security personnel were deployed to disperse the workers.⁴³

Other workers have taken more drastic action. In November 2004 in Shenzhen, factory workers who had not been paid in over two months took the owners hostage.⁴⁴ In February 2005, Shenyang construction workers climbed to the top of a building and threatened to jump if the company did not pay their back wages.⁴⁵ Government response to such worker action was swift and severe: the workers were arrested, and some received prison sentences.⁴⁶

Some senior government officials have taken action to resolve unpaid wages to workers. In mid-2004, for example, a member of the Chinese People's Political Consultative Conference (CPPCC) informed Premier Wen Jiabao that the Jixi city government in Heilongjiang province had failed to pay millions of yuan to a local construction company. The arrears caused the company to default on wages owed to hundreds of migrant workers. Premier Wen ordered a State Council investigation that ultimately resolved the case. Premier Wen has intervened in similar cases elsewhere to restore unpaid wages.⁴⁷

The construction industry has one of the worst records on unpaid wages of all Chinese industries and has received the most attention from the government.⁴⁸ According to the Ministry of Construction, construction firms owed workers some 175.588 billion yuan ($21.214 billion) at the end of 2003. In November 2003, the State Council General Office issued guidelines to settle delayed payments for construction workers.⁴⁹ In August 2004, Vice Premier Zeng Peiyan raised the issue of unpaid wages in the construction sector, and called for strengthened enforcement of measures that would protect the rights of workers.⁵⁰

Central, provincial, and local governments sign contracts for construction projects, but frequently fail to pay contractors promptly upon completion of work. As a result, contractors often cannot pay their workers. As of August 2004, Chinese government entities owed over 64.28 billion yuan ($7.76 billion) for construction projects.⁵¹ Vice Premier Zeng criticized some local governments for building lavish projects to enhance their status and pressed these governments to pay their debts.⁵²

Central and local governments took steps in 2004 and 2005 to help migrant workers obtain unpaid wages. In late 2004 in Guizhou province, for example, the local federation of trade unions established a hotline for migrants and helped them recover unpaid wages.⁵³ The central government also claimed that it had helped migrant workers recover more than 33 billion yuan ($3.99 billion), some 99 percent of wages owed to migrant workers.⁵⁴ Some observers viewed this claim with skepticism, given ACFTU estimates that migrant workers are owed unpaid back wages totaling 100 billion yuan.⁵⁵ Some private attorneys in China have begun to accept unpaid wage cases. Such cases are often costly, however, because the courts and the labor arbitration boards may charge 1,000 yuan ($120) or more to investigate and adjudicate cases. Few workers can afford such fees, but legal aid organizations, NGOs, and in some cases the attorneys themselves pay part of the costs.⁵⁶

Workplace Health and Safety

The Chinese government has begun to pay attention to the country's poor national safety record, especially in the construction industry, where 1,144 accidents with 1,342 deaths occurred in 2004, down 11.46 percent and 13.12 percent, respectively, from 2003.⁵⁷ Despite this positive trend in one sector, China has averaged 1 million industrial accidents per year since 2001, according to the State Administration of Work Safety (SAWS). About 140,000 workers died from industrial accidents in 2004, compared with 79,422 deaths in 1991. One Chinese scholar blamed the increase in industrial accidents on China's booming economy and a weak foundation in safety and health programs.⁵⁸

An encouraging change in workplace health and safety in China is the swiftness with which Chinese news media report serious workplace accidents, particularly coal mine disasters. In the past, local officials and mine owners commonly concealed news of coal mine explosions.⁵⁹ The increased use of the Internet has made it difficult to hide these disasters from the public.⁶⁰ A public outcry over two coal mine disasters in 2004 and 2005, one at the Chenjiashan mine in Shaanxi province that killed 166 miners and a second at the Sunjiawan coal mine in Liaoning province that claimed 214 lives, compelled the central government to take a direct interest in improving safety conditions.⁶¹

Chinese government officials are considering several measures to improve workplace safety. One project to be jointly implemented by ACFTU and SAWS involves appointing 100,000 senior coal miners as safety supervisors. These supervisors would have the power to stop work if they felt that workers' lives were at risk.⁶² A British coal mine expert stressed during a Commission roundtable that safety supervisors and inspectors are vital to coal mine safety. He also pointed out that training mine inspectors is relatively inexpensive. Another British expert who has served on numerous coal mine safety boards said that mine safety supervisors must have statutory authority to take charge of mine safety.⁶³

Li Yizhong, the new Director of General Administration of SAWS, suggested a different approach to violations of safety laws and regulation: tough criminal penalties for public servants who are negligent or corrupt. Local officials have said that the criminal law is too lenient because punishment for major accidents is limited to seven years in prison and a fine of 200,000 yuan ($24,390).⁶⁴ Some safety experts suggest that compulsory insurance would increase safety for workers, since companies would have to strengthen safety standards to keep premiums affordable. But one manager from a Chongqing city insurance company explained that operations at coal mines are frequently chaotic, and workers might not be able to prove claims for compensation due to inconsistent records. In addition, with the government failing to supervise work safety in Chinese mines, insurance companies might not underwrite policies for mining companies.⁶⁵

U.S.-China Bilateral Programs

Bilateral exchange and cooperation on labor issues between the U.S. Department of Labor (DOL) and Chinese government agencies during the past year has been constructive. DOL and its Chinese counterparts are discussing ways to implement letters of understanding signed in June 2004. These agreements contemplate U.S.-China cooperation in the administration of wage and hour laws, mine safety programs, pension program oversight, and occupational safety and health issues.⁶⁶ Other bilateral program activities are also underway. For example, the United States and China are collaborating on a rule of law project aimed at developing better laws and regulations governing labor inspections and employment contracts, and providing legal education and services to workers and employers. Staff of the mine safety project began to train Chinese miners and safety managers during 2005. The DOL also funded an "HIV/AIDS in the workplace" program in September 2004 that is currently in the design phase.⁶⁷

Forced Labor

Forced labor is an integral part of the Chinese administrative detention system. A recent International Labor Organization report discusses prison labor without due process in Chinese re-education through labor (RETL) camps.⁶⁸ At least 250,000 to 300,000 individuals are currently detained in approximately 300 centers in the RETL system.⁶⁹ Although the Chinese government is in the process of reforming this system, it is unlikely to be abolished [see Section III(b)―Rights of Criminal Suspects and Defendants―for a detailed discussion of China's administrative detention system]. In response to the Chinese government's 2005 progress report on this issue, the United Nations Committee on Economic, Social, and Cultural Rights recommended that the Chinese government "abolish the use of forced labor as a corrective measure."⁷⁰

In the past, laogai (reform through labor) camps were the source of many forced labor-related human rights abuses. The executive director of a U.S. human rights NGO told a Commission roundtable that, although Chinese officials no longer use the term laogai, forced labor continues in substantially the same form in laojiao (RETL) camps. Laojiao has since developed into one of the most commonly used tools for punishing and suppressing political and religious dissent, and is currently being used to suppress the Falun Gong movement.⁷¹

An August 2005 news report described interviews with guards at a laojiao facility and employees at a wig factory who alleged that a Chinese hair products company used forced labor from the laojiao camp for products exported to the United States.⁷² A U.S.-based Falun Gong practitioner told a Commission Roundtable in June that the same Chinese company used forced labor from Falun Gong practitioners to make products for export to the United States and other countries.⁷³

Chinese regulations bar the export of goods made with prison labor, and Section 307 of the Tariff Act of 1930 prohibits the import of goods made by prisoners into the United States. The United States and China signed a Memorandum of Understanding in 1992 to prevent the import into the United States of prison labor products. A subsequent agreement in 1994 permits U.S. officials, with Chinese government permission, to visit facilities suspected of producing prison products for export to the United States. Three visits to prison-related facilities were made in 2004, leading to these three cases being closed. However, at the end of 2004, the backlog of cases remained substantial, and the Chinese government continued to explicitly exclude from the agreements re-education through labor facilities.⁷⁴

Chinese authorities have identified commercialization of the Chinese prison system as a source of official corruption. Minister of Justice Zhang Fusen expressed concern about the commercial use of prison labor in China in an August 2004 speech on prison reform. Zhang emphasized that "administrators of prisons mixed goods from outside enterprises with those made using prison labor. Such practices are the source of allegations of corruption and abuse in the Chinese prison system."⁷⁵

Child Labor

Child labor remains a significant problem in China, despite being prohibited by law.⁷⁶ Some manufacturers prefer to employ child workers illegally for their low cost, docility, and dexterity.⁷⁷ In addition, low wages and poor working conditions have driven many adult workers away from southern manufacturing zones such as Shenzhen, heightening demand for child labor in these areas.⁷⁸

Statistics on child labor are considered a state secret, a policy that prevents accurate reporting on the extent of the problem.⁷⁹ Nevertheless, provincial labor inspection units report having freed hundreds of child laborers during labor investigations in 2004.⁸⁰ Employment of child laborers apparently is concentrated in light, labor-intensive industries requiring low skill. Employers often subject children in such industries to labor abuses such as forced overtime and exposure to hazardous chemicals.⁸¹ In July 2005, the Southern Daily reported that about 300 children were working under abusive conditions at a toy factory in Guangdong province.⁸² The factory owner said the shortage of adult workers forced him to ignore the minimum age for hiring. Many rural children work in cottage or family enterprises involving dangerous manufacturing practices, such as assembling fireworks.⁸³

The rural educational system in China exacerbates the problem of child labor. A high dropout rate in rural areas creates a stream of underage laborers.⁸⁴ In addition, Chinese labor law and policy fails to distinguish between the illegal use of "child labor" and permissible "work-study" programs,⁸⁵ allowing unscrupulous public school administrators to use students as low-wage labor.⁸⁶ Private schools are also complicit in using child labor.⁸⁷ In 2004, authorities discovered that a private middle school in Jiangxi province was sending students to an electronics factory in Shenzhen, where managers forced them to work overtime under harsh conditions.⁸⁸

Notes to Section III(c)―Protection of Internationally Recognized Labor Rights

1 The last figure for labor protests that the Chinese state released was 100,000 for the year 1999. Despite the government's efforts to limit reporting on labor protests since 2001, "it has nonetheless been possible to collect information on nearly 200 separate incidents between 1994 and 2004 from the many thousands of unreported events that actually took place. . . . Indeed, the few episodes that made it into the media beyond the Chinese mainland usually involve such protests as railway lay-ins or blockages of major urban thoroughfares, assaults on and clashes with authorities, detentions and arrests." Dorothy Solinger, "China is No Workers' Paradise," Bangkok Post, reprinted in Asian Labour News (Online), 12 February 05. As Tim Johnson points out, one of the reasons for worker discontent is the "disregard for labor law." Tim Johnson, "Labor Unrest: Migrant Workers Shun Factory Region in China," Detroit Free Press (Online), 13 September 04.

2 The closure of state-owned enterprises (SOEs) often produces corruption when factory officials embezzle the assets of the closed SOE and leave workers without pay or jobs. For example, in December 2004, thousands of workers in Luzhou, Sichuan blocked traffic and surrounded factory officials after a chemical plant was closed. Embezzlement by factory officials had reportedly bankrupted the factory, which had not paid its workers for months. After three days of clashes with 1,000 anti-riot police, a number of workers were arrested. "Ming Pao Reports Large Scale Worker Protest Against SOE Corruption in Sichuan," Ming Pao, 20 December 04 (FBIS, 20 December 04).

3 Lawyers who represent labor protest leaders are often subject to harassment by authorities. "People's Republic of China: Labor Unrest and the Suppression of the Rights to Freedom of Association and Expression," Amnesty International (Online), 30 April 02. Two workers were arrested after a non-violent strike at a garment factory and sentenced to five and two years in prison. The workers planned to appeal their sentences but could not find a lawyer who would agree to take their case. "Two Chinese Labor Activists Get Jail Terms For Demanding Wages and Insurance," Associated Press (Online), 17 May 05. Even when an attorney is available, the chance of a successful outcome is low. In Shanghai, some 8,000 workers turned to a legal aid center established by East China University of Politics and Law. One of the volunteer attorneys said that, "We do not have very good enforcement channels for labor law in China." Advocates complain that fines are too low to compel employers to obey the law. Tomio Geron, "Rights for China's Workers," San Francisco Chronicle (Online), 15 June 05.

4 New national legislation targets the problem of wage arrears. According to recently enacted labor regulations, employers who withhold workers' wages without good cause and fail to pay the workers within a set period shall pay an additional fee of not more than the owed wages. Regulations on Labor Security Supervision [Laodong baozhang jiancha tiaoli], issued 26 October 04, art. 16. In addition, provincial-level legislatures have enacted rules to implement the above Regulations. For example, see Zhejiang Provincial Regulations on Labor Security Supervision [Zhejiang sheng laodong baozhang jiancha tiaoli], issued 14 April 05. Similarly, a number of provinces and municipalities have enacted new legislation to improve workplace safety. For example, see Jiangsu Provincial Regulations on Production Safety [Jiangsu sheng anquan shengchan tiaoli], issued 31 March 05.

5 Chinese experts attribute the difficulties in the implementation of the Labor Law to changes in socio-economic conditions since the enactment of the Labor Law in 1993, in particular, the growing diversity and complexity of ownership and employment forms. "One Hundred Experts Discuss 'Labor Law,' Accompanying Rules and Regulations Already Being Drafted" [Bai mingzhuanjia yantao "laodong fa," peitao falü fagui yi zai qicao], Ministry of Justice Web site, 8 November 04.

6 Zhao Heng, "Labor Law in Effect for Ten Years: Laborers Still at a Loss" [Laodong fa shixing shi nian: laodongzhe yiran mangran], Procuratorate Daily (Online), 7 December 04.

7 "What Makes Workers Turn Against Their 'Union,' " Southern Metropolitan Daily, translated in China Labour Bulletin (Online), 21 January 05.

8 "One Hundred Experts Discuss Labor Law," Ministry of Justice Web site, 8 November 2004.

9 Huang Yong, "Professor Huang He, NPC Delegate: Labor Law Urgently Needs Reform"[Quanguo renda daibiao huang he jiaoshou: laodongfa jidai xiugai], People's Daily (Online), 7 March 05.

10 Zhi Ming, "China Daily 'Opinion': Revamp Rules to Protect Interest of Ordinary Workers," China Daily (Online), 7 January 05 (FBIS, 7 January 05).

11 China's top officials renewed calls for stricter supervision of coal mine safety after a series of large coal mine accidents in the beginning of 2005, including a gas explosion at Sunjiawancoal mine that left 216 coal miners dead. Hu Manyun, "State Safety Supervision Bureau Emphasizes: Strictly Investigate the Corruption Behind Coal Mine Accidents" [Guojia anjian zongjuqiangdiao: yancha meikuang shigu beihou de fubai xianxiang], Southern Metropolitan Daily (Online), 27 March 05.

12 "Safety Agency: Tougher Penalties Needed to Curb China's Fatal Coal Mine Accidents," Xinhua, 5 April 05 (FBIS, 5 April 05).

13 Jonathan Watts, "Blood and Coal: The Human Cost of Cheap Chinese Goods," The Guardian (Online), 14 March 05.

14 "China and the ILO," China Labour Bulletin (Online), Issue No. 58, January�CFebruary 2001.

15 The United States has ratified only two of the eight ILO Core Conventions. U.S. State Department officials point out that even without ratification the Conventions are essentially already incorporated into U.S. law. For an overview of the United States' ratification of ILO core conventions, see "Final Internationally Recognized Core Labour Standards in the U.S.," Union Network International (Online), 4 September 01.

16 For an overview of the relationship between China and the ILO, see John Chen, "China and ILO: Formal Cooperation Masks Rejection of Key Labour Rights," Asian Labour Update (Online), Issue No. 44, July�CSeptember 2002.

17 "The ACFTU Wins a Seat in the Workers' Group of the ILO's Governing Body in June 2002," China Labour Bulletin (Online), Vol. 8, 2 July 02; "A Major Defeat for Workers Struggling for Freedom of Association in China: HKCTU Statement Concerning the ACFTU's Election as a Worker Deputy Member in the ILO Governing Body," China Labour Bulletin (Online), 12June 02.

18 PRC Trade Union Law, enacted 3 April 92, amended 27 October 01, art. 11. Thomas Lum, "Workplace Codes of Conduct in China and Related Labor Conditions," Congressional Research Service, April 2003.

19 Stephen Frost, "China: Facing Reality," International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF) Web site, 10 December 04.

20 PRC Trade Union Law.

21 "Wang Zhaoguo, ACFTU Chairman" [Wang zhaoguo, quanguo zong gonghui zhuxi], All-China Federation of Trade Unions Web site.

22 According to China's Trade Union Law, the ACFTU shall "uphold the socialist path, uphold the people's democratic dictatorship; uphold the leadership of the Chinese Communist Party; uphold Marxist Leninism, Mao Zedong thought, and Deng Xiaoping theory . . ." PRC Trade Union Law, art. 4.

23 Han Dongfang, "It's Our Union―and We Want It Back," International Union Rights, reprinted in China Labour Bulletin (Online), 4 January 05.

24 Tim Pringle, "Industrial Unrest in China: A Labor Movement in the Making? " China Labour Bulletin, reprinted in Foreign Policy in Focus (Online), 20 February 02.

25 Yao Fuxin and Xiao Yunliang remain in prison after being identified as leaders of demonstrations in Liaoyang in March 2002. "Imprisoned Labor Activist Threatened with End to Family Visits if Abuse is Revealed," Human Rights in China (Online), 1 December 04.

26 For example, see "Inner Mongolian Workers' Six-year Fight for Unpaid Wages Meets with Police Violence―15 Workers Detained, Several Others Injured," China Labour Bulletin (Online), 7 July 05; Dorothy Solinger, "Worker Protests in China―Plentiful, but Preempted? " Taipei Times (Online), 18 February 05. For a list of current labor prisoners in China, see "A List of Imprisoned Labour Rights Activists in China," China Labour Bulletin (Online), 4 June 05.

27 The workers submitted their case for arbitration, but the arbitration board charged an arbitration fee of 2,540 yuan per person. The application to waive these fees had to be filed by the Chongqing Federation of Trade Unions, which refused to file the application. The workers then sued the union for blocking their efforts to take their case before the arbitration committee. "Eighty-Three Migrant Workers Sue Chongqing Trade Union For Not Acting Responsibly," Chongqing Morning News, translated in Asian Labour News (Online), 15 January 05; "What Makes Workers Turn Against Their 'Union,' " Southern Metropolitan Daily.

28 Trini Leung, "ACFTU and Union Organizing," China Labour Bulletin (Online), 26 April 02.

29 Lan Xinzhen, "Multinationals in China are Having to Come to Terms With Unions," Beijing Review, translated in Asian Labour News (Online), 10 December 04.

30 "ACFTU Ready to Help Wal-Mart Establish Trade Union," Xinhua (Online), 25 November 04.

31 "Thirty-Two McDonald's Restaurant in Tianjin Set Up ACFTU Trade Union Branches," Workers' Daily, reprinted in Asian Labour News (Online), 15 January 05.

32 Commission Staff Interview.

33 "Three Parties Negotiate Minimum Wage Standard For Guangzhou," Workers' Daily, translated in Asian Labour News (Online), 2 December 04. The three parties in this case were the provincial government, the Guangzhou Enterprise Association, and the Guangzhou Foreign Enterprise Association. Both associations argued that raising wages for labor-intensive enterprises would place an additional burden on these industries in comparison to high-tech companies.

34 "Guangdong Province Raises Minimum Wage Level," China Labor Watch (Online), 4 December 04.

35 Tim Johnson, "Chinese Factory Workers Begin Protesting Low Wages, Poor Conditions," Monterey Herald, reprinted in Asian Labour News (Online), 10 September 04.

36 Chow Chung-Yan, "Shenzhen Plans to Raise Minimum Wage to Solve Labor Shortage," South China Morning Post, 5 March 05 (FBIS, 5 March 05).

37 One factory manager disclosed that he assigned a team of six employees to create a fake paper trail. Most foreign companies only see the fake records, he commented. "This is the way of surviving," he said. "This is the way of Chinese factories." Lauren Foster and Alexandra Harney, "Why Ethical Sourcing Means Show and Tell," Financial Times (Online), 22 April 05.

38 PRC Labor Law, enacted 5 July 94, arts. 41, 44.

39 "Working Overtime Prevails in China Amid Swelling Wallets, Complaints," Xinhua, 15 May 05 (FBIS, 15 May 05).

40 The Chinese now have a name for death from overwork: "guolaosi," similar to the Japanese, "karoshi." There have been several cases of death in the workplace. A female garment worker in Guizhou died from what the doctors think was overwork. Her factory had recently raised working hours from eight to 12 hours per day. Another female worker died after 12 hour shifts, and a male worker died in a toy factory because of overwork in the high temperatures. Two other female workers died from overwork in Shenzhen and Guangzhou. Stephen Frost, "Guolaosi: Death by Overwork in China," Corporate Social Responsibility in Asia (Online), 12 November 04; "12 Hours Per Day Kills Female Factory Worker in Nanjing," Apple Daily, reprinted in Asian Labour News (Online), 12 November 04.

41 "Steps Requested for Unpaid Salaries and Rights Violations of Migrant Workers," China Daily, 22 October 04 (FBIS, 22 October 04).

42 Jane Cai, "State Council Issues Regulation to Make Employers Pay Workers a Premium on Delayed Wages," South China Morning Post (Online), 16 November 04.

43 "1,000 Shenzhen Workers Block Road to Protest Against Unfair Severance Pay," Wen Wei Po, 9 January 05 (FBIS, 10 January 05).

44 "Workers in Shenzhen Factory Hold Owners Hostage Over Back Pay," Yahoo! News Asia, reprinted in Asian Labour News (Online), 16 November 04.

45 "Shenyang Migrant Workers Threaten to Jump from Building," South China Morning Post (Online), 26 January 05.

46 "Yantai Worker Li Xintao Was Sentenced to Five Years' Imprisonment," China Labor Watch (Online), 15 May 05; and Li Qiang, "Two Female Workers in Yancheng, Jiangsu Arrested for Opposing 'Buy and Cut' Severance Pay," China Labor Watch (Online), 26 October 04. Ten workers were arrested during a strike at Stella's electronic factory and were given sentences of up to three and a half years. Stella's mangers and some overseas NGOs petitioned the judges however, and sentences were reduced to several months. Neil Gough, "Trouble on the Line," Time Asia Magazine (Online), 31 January 05.

47 Guo Yali, "Premier's Intervention Should Not Be Necessary," China Daily (Online), 23 July 04.

48 "Zeng Peiyan on Clearing Back Pay, Arrears in Construction at Forum in Tianjin," Xinhua, 6 January 05 (FBIS, 6 January 05); "Steps Requested for Unpaid Salaries and Rights Violations of Migrant Workers," China Daily, 22 October 04 (FBIS, 22 October 04).

49 JJRB on Back Pay, Wage Arrears in China's Construction Sector," Economic Daily, 24 September 04 (FBIS, 16 December 04).

50 Fu Jing, "Zeng: Pay All Owed Wages to Migrant Workers," China Daily (Online), 24 August 04

51 Wang Yuqi, "Government Owes 64.28 Billion Yuan in Construction Project Payment," Farmers' Daily, 28 August 04 (FBIS, 1 November 04).

52 Ibid.

53 "Trade Unions Help Migrant Workers Get Their Back Pay," Xinhua, reprinted in Asian Labour News (Online), 7 January 05.

54 "China Helps Migrant Rural Workers Retrieve 99 Percent of Defaulted Payments," Xinhua, 21 April 05 (FBIS, 21 April 05).

55 Shirley Wu, "PRC Trade Union Says Migrant Workers Owed 100 Billion Yuan in Back-Pay," South China Morning Post, 10 June 05 (FBIS, 10 June 05); see also, "Migrant Laborers Suspect 'High Rate of Repayment' " [Nongmingong zhiyi "gao qingqian lü"], Beijing News (Online), 26 May 05.

56 Commission Staff Interview.

57 Wu Yixie, "PRC Officials: Poor Safety Awareness, Equipment Major Factors in Construction Accidents," China Daily, 29 April 04 (FBIS, 29 April 04).

58 Xing Zhigang, "Officials, Experts Criticize 'Rampant Negligence' of Work Safety," China Daily, 3 December 04 (FBIS, 3 December 04); "Workplace Tragedies Continue to Make Headlines," China Labour Bulletin (Online), 22 June 05.

59 Liang Zhi, "China's Third Evil Force: The News Media," New Century Net, translated in Asian Labor News (Online), 12 November 04.

60 Robert Marquand, "New Openness in China Disaster," Christian Science Monitor (Online), 29 November 04; "China: Media Highlight Problem in Coal Industry," Foreign Broadcast Information Service, 9 May 05 (FBIS, 9 May 05).

61 One observer noted that the "news media coverage in China of the Sunjiawen mine disaster was excellent." Stephen Frost, "A Sketch of China's Coal Industry," CSR Asia News Weekly (Online), 23 February 05; Xing Zhigang, "Officials, Experts Criticize 'Rampant Negligence' of Work Safety," China Daily, 3 December 04 (FBIS, 3 December 04).

62 Fu Jing, "China to Name Senior Coal Miners as Safety Inspectors," China Daily, 1 June05 (FBIS, 1 June 05).

63 Coal Mine Safety in China: Can the Accident Rate Be Reduced?, Staff Roundtable of the Congressional-Executive Commission on China, 10 December 04, Oral Testimony of Dave Feickert, consultant in industrial relations, ergonomics and energy.

64 Following the Sunjiawan mine disaster, the vice governor of Liaoning province received "a serious demerit" and the board chairman and general manager of the mine was stripped of his titles. "Safety Agency: Tougher Penalties Needed to Curb China's Fatal Coal Mine Accidents," Xinhua, 5 April 05 (FBIS, 5 April 05). See also, Nailene Chou Wiest, "PRC Safety Officials Release Coal Miner Death Figures, Say Safety Priority," South China Morning Post, 6 April 05 (FBIS, 6 April 05).

65 "The Value of Miners' Life-Interviews with an Insurance Company Manager, Chongqing," China Labour Bulletin (Online), 24 July 04.

66 U.S. Department of Labor, The U.S. Department of Labor and The People's Republic of China Sign Four Joint Letters of Understanding, 21 June 04.

67 Commission Staff Interview.

68 International Labour Office, A Global Alliance Against Forced Labour, International Labor Conference, 93rd Session 2005.

69 Most sources place the number of RETL camps at around 300 and the number of detainees between 250,000 and 300,000. See, e.g., Randall Peerenboom, "Out of the Frying Pan and Into the Fire," 98 Northwestern University Law Review 991, 1000�C01 and accompanying notes(2004); Jim Yardley, "Issue in China: Many in Jails Without Trial," New York Times (Online), 9 May 05; Can Siu-sin, "Critics Take Shine of Bootcamp Reforms," South China Morning Post,21 March 05. However, a May 2005 article in Asia Weekly cites Beijing researchers as confirming that there are at least 1 million people in RETL camps. Chiang Hsun, "NPC To Replace 'Re-education Through Labor System,' Which Has Come Under Mounting Criticisms, with 'Illegal Conduct Correction System' In Order To Protect Human Rights," Asia Weekly, 8 May 05(FBIS, 4 May 05).

70 "UN Committee Urges Ban On Forced Labour and Allow Independent Trade Unions," China Labour Bulletin (Online), 18 May 05.

71 Forced Labor in China, Staff Roundtable of the Congressional-Executive Commission on China, 22 June 05, Testimony of Harry Wu, Executive Director of the Laogai Research Foundation.

72 Jamil Anderlini "Banks Buy Into Jail-Labour Firm," South China Morning Post (Online), 17 August 05.

73 Forced Labor in China, Testimony of Gregory Xu, Falun Gong practitioner, and researcher on the treatment of Falun Gong practitioners in China.

74 Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, 2004 Country Report on Human Rights Practices: China, 28 February 05.

75 "Zhang Fulin Points Out Need to Maintain Correct Direction of Prison Reform" [Zhang fulin zhichu: jianyu tizhi gaige yao baochi zhengque de fangxiang], Ministry of Justice Web site, 27August 04.

76 "As China's Economy Grows, So Does China's Child Labor Problem," China Labor Bulletin (Online), 10 June 05.

77 Yan Liang and Lu Zheng, "Secret Investigation Into Child Labor" [Anfang tonggong], Beijing News (Online), 14 November 04.

78 Ching-Ching Ni, "China's Use of Child Labor Emerges from the Shadows," Los Angeles Times (Online), 13 May 05.

79 Regulations on the Specific Scope of State Secrets and the Level of Secrecy in Labor and Social Security Work [Laodong he shehui baozhang gongzuo zhong guojia jimi ji qi miji juti fanwei de guiding], issued 17 January 00, art. 3. For a general discussion on the issue of state secrets and labor issues, see Human Rights in China and the China Labor Bulletin (Online), Labor and State Secrets, No. 3, 2004.

80 "Inspection of Labor Guarantee and Rights Protection of Rural Workers Concludes: 103 Child Laborers Discovered and Returned" [Mingong laodong baozhang quanyi baohu jiancha jieshu: tonggong qingtui 103 ge], Longhoo Net (Online), 1 July 04; "2004 Statistical Report on Jiangsu Province Labor and Social Security Project Development: Legal Construction and Inspection" [2004 nian jiangsu sheng laodong he shehui baozhang shiye fazhan tongji gongbao: fazhi jianshe he jiancha], China Labor Market (Online), 16 June 05; Wang Li, "Over One Hundred Child Laborers Discovered and Returned in Whole Province Last Year" [Qu nian quan sheng qingtui tonggong bai yu ren], Hebei Daily (Online), 25 May 05.

81 Yan Liang and Lu Zheng, "Secret Investigation into Child Labor."

82 Huang Runliu, "Youngsters Sneak Out of Factory to Expose Child Labour Scandal," South China Morning Post (Online), 15 July 05.

83 "Official Survey Finds Around Half of China's Fireworks Are Sub-Standard and Unsafe," China Labour Bulletin (Online), 6 June 05.

84 As Robin Munro, research director of China Labor Bulletin, points out, children who drop out of school tend to enter the workforce as illegal child workers. Ching-Ching Ni, "China's Use of Child Labor Emerges from the Shadows."

85 Chinese anti-child labor law and regulations permit educational and professional training institutions to organize minors under the age of 16 to participate in labor for educational or skills-training purposes as long as such labor does not harm the physical and mental well-being of the minor. Regulations Banning the Use of Child Labor [Jinzhi shiyong tonggong guiding],issued 1 December 02, art. 13.

86 "Middle School Sends a Thousand Students to Construct Road: Punishment For Failing to Complete Assignment Is to Do Clean Up" [Zhongxue rang qian ming xuesheng bei tu xiu lu, wan bu cheng renwu jiu fa zuo qingjie], Huaxi Metropolitan Daily, reprinted in Sohu (Online), 25 October 04.

87 Wang Ming, "The Current Developmental Status and Analysis of Private Schools in the Period of Compulsory Education," [Yiwu jiaoyu jieduan minban xuexiao de fazhan xianzhuang yu fenxi], Research on Educational Development (Online), September 2003.

88 "Private Schools Organize New Students to Collectively Engage in Child Labor" [Minban xuexiao zuzhi xinsheng jiti zuo tonggong], Beijing News (Online), 15 September 04.