(Broadcast on 16 March, 2002)
From 1 March, 2002, workers in Daqing who have previously signed retrenchment agreements have been publicly gathering for two weeks, demanding new pension schemes for workers close to retirement and jobs for the younger workers. On 15 March, the China Working Party (CWP) of the Committee on Human and Trade Union Rights of the International Confederation of Free Trade Unions(ICFTU) ended its meeting in Hong Kong. In the names of both the CWP and the ICFTU respectively, the meeting agreed to send open letters to President Jiang Zemin and Chairperson of the ACFTU, Wei Jianxing. The letters demanded that the government respond positively to the workers' demands and refrain from taking any reprisals or repressive measures against workers, organisers and worker representatives. The letter to Wei Jianxing demanded that the ACFTU provide assistance to workers struggling for their rights. The ICFTU, as the worlds largest trade union organisation with over 140 national affiliates, stated that if the worker representatives and organisers were faced with any kind of repressive measures, it would lodge a formal complaint with the International Labour Organisations (ILO) Committee for Freedom of Association. With the struggle of Daqing oil workers receiving this kind of international support, we examine what the ACFTU has been doing. Please listen to the following conversation with a cadre from the organising department of the Heilongjiang Federation of Trade Unions (HFTU).
HFTU:
We knew about the Daqing Petroleum Administrations (DPAB) severance deal from quite early on and we passed on our views to the ACFTU and other relevant departments, including the Heilongjiang Party Committee.
Han:
When was this?
HFTU:
When the restructuring was carried out, about May last year. If I remember right, the Heilongjiang Party Committee sent people down there.
Han:
So the matter was reported to the ACFTU in Beijing at the time. Has the HFTU sent anyone down to Daqing to help sort out the problems down there?
HFTU:
Yes, I think we did at the time. The democratic management department was involved.
Han:
Whats that?
HFTU:
Thats the department responsible for democratic management. I am working in the organisation department. Our main work is in personnel matters and organisational facilities.
Han:
I have got a question that is definitely linked to the work of our organising the fact that more than 50,000 workers have organised their own provisional trade union committee!
HFTU:
Provisional trade union committee! Where are you calling from?
Han:
I am in Hong Kong. Id like to know if workers organising themselves like this is in line with the Trade Union Law (TUL)
HFTU:
Its not permitted.
Han:
Why not?
HFTU:
Firstly, according to the regulations of the TUL, the organisation of a union should be in line with the relevant reporting and approval procedures.
Han:
What procedures?
HFTU:
Generally speaking, before a trade union is organised, it has to be approved by the next level up in the organisation. Only after getting this approval can it proceed to recruit members, set up a trade union meeting or members representatives meeting and elect a trade union standing committee, chairperson and vice chairperson. The people chosen for these two positions have to be approved by the next level up. These organising procedures are all strictly in accordance with the regulations of the TUL and the Trade Union Charter (TUC).
Han:
In the light of what you have just explained, are the Daqing workers breaking the law?
HFTU:
Their actions definitely dont tally with the TUL and TUC.
Han:
As we understand these two documents, there are no concrete rules which serve as a step by step guide to organising a trade union and trade union election. The contents [of the TUL and TUC] are principles stating that trade unions are voluntary organisations of the mass of workers, and secondly that trade union leaders should be democratically elected by the membership.
HFTU:
Yes. Thats right. But it's all stipulated in the TUC.
Han:
Can you explain more about the actual contents of the TUC?
HFTU:
The ACFTUs organising department in Beijing has issued a document that explains trade union elections at the basic level. This document is in line with the main gist of the TUC. I can get a copy for you to read, its called Temporary Regulations on the Trade Union Elections at the Basic Level. If you look at it, it says that a basic level trade union committee is elected by a membership meeting and a members representatives meeting. These two bodies also elect the trade unions chair and vice chair.
Han:
But how are the elections conducted when there still arent any actual members.
HFTU:
Generally speaking a preparatory committee is established in the work unit with the help of the trade union at the next level up, for example, in an enterprise or business unit. A provisional preparatory committee will be set up and then start to recruit members. When membership reaches a certain level, a members meeting and a members representatives meeting can be arranged. Thats the procedure.
Han:
What if the workers organise first, of their own accord? Is that permitted?
HFTU:
From the point of view of organisation, it definitely isnt allowed. It has to be done in strict accordance with the approval procedures. We have insisted on this over the years. This is the first point. Furthermore, under the union system in China, the organizational relation of a union is defined by the party. It follows the party and enterprise organizational structure of subordination.
For example, with this issue of retrenchment agreements, if the enterprise had not ended its labour relationship [with the employees], then the employees would still be recognized as members of the original unit. Say, if you work for the Drilling No. 1 Factory, your're still an employee and member of the plant's union. But in a situation where the formal labour relationship between say a worker or trade union member of the plant is completely terminated, then that worker becomes an ordinary citizen, as opposed to an employee of an enterprise. In these circumstances, according to the organizational structure of the government administration and the party, we would approach the matter of organisation and membership via the community, district or neighbourhood.
Han:
As you said, workers in Daqing had protested in April or May of last year over their retrenchment. The ACFTU and the HFTU kept to procedure and passed on opinions at all levels. But here we are, one year down the road, and it was all of no use. The workers have no confidence in the trade union system and have organised their own union. What's wrong with that?
HFTU:
Its down to the TUL, the TUC and union election regulations and administering membership. We must follow these rules. As I just said, the trade union has a subordinate relationship to the Party; and a trade union must be set up according to an organizational structure of leadership that runs from top to bottom. A trade union can be established only with approval from above. You cant say you have formed a union spontaneously; and we should recognize your union. We must go through our membership, elect the chair and vice chair through a unified election. In this way, it is in line with the law, and similar to the way trade unions are set up in the West. We have a ratification and approval system for organising [trade unions].
Han:
Isn't it true that this system was developed under the command economy?
HFTU:
Its definitely a product of the command economy. But it hasnt been revised since market conditions were introduced. There has been no change and we are still implementing the previous methods.
Han:
In the process of this implementation, and in the face of a market economy and the increasing complexities in labour relations, wont our trade union
HFTU:
Indeed some aspects need to be developed along the lines of election of representatives through spontaneous elections. As for representing interests and defending rights, [the union's] functions could be exercised better.
Han:
This brings us back to speeches made by the chair of the HFTU and also Wei Jianxing, the chairperson of the ACFTU. Namely that wherever there are workers, the union needs to organise them. If the union doesnt do this, then the workers will organise themselves.
HFTU:
Correct. Chairman Wei Jianxing said that.
Han:
Why did he say that?
HFTU:
Because if the trade union doesnt uphold workers rights, then the workers will go and find an organisation that does. He meant that the union cannot permit this. If we dont set up trade unions in new enterprises, non state-owned enterprises and private companies, then what kind of organisations will emerge spontaneously? This is what he was getting at.
Han:
But how can workers who organise themselves to stop their rights being violated and protect themselves be harming the ACFTU?
HFTU:
Our main work is, it seems, to defend the present trade union system and organisational structure.
Han:
But arent trade unions obliged to protect workers rights? Or should they be protecting this trade union system that has been left over from the command economy?
HFTU:
Ha, ha. Well, were moving into the realms of theoretical inquiry here. In fact, Western unions that sprung up spontaneously had the right to strike. If they needed to, they were able to organise strikes. Chinese trade unions are not permitted to do this. Chinese trade unions operate under a strict system, the essence of which is Party leadership. This Party leadership is their outstanding characteristic. Moreover, you can see that our local trade unions are all run under the civil service management.
Han:
Under what?
HFTU:
Civil service management.
Han:
So really you are government servants?
HFTU:
Exactly!
Han:
So which Party department does the trade union system belong to?
HFTU:
Provincial trade union committee belongs to the provincial party committee. This realizes the Partys leadership.
Han:
Then who leads the cadres?
HFTU:
Cadres belong to the organisation department. When they are appointed, the Party Committee organisation department has to approve it. They are not directly elected. The representatives meeting goes through the procedure and votes on the candidates after they have been selected by the provincial party committee. All candidates have been selected first.
Han:
Let's go back to the concrete matters [of procedures], I am sorry to take up so much of your time.
HFTU:
You can't do that. Let me tell you this: this business with the DPAB, you need to go and talk with people from the China Petroleum and Natural Gas Company as they are responsible for the restructuring. At the time, we didnt agree. From a trade union point of view, we were absolutely against it. Daqing is a flagship! It has great traditions and work practices and generations of workers have made enormous contributions. Now with this restructuring, they gave out some money and some people were retrenched; just like that. We are unable to grasp it emotionally. But this restructuring was something they fixed upon. The function of the union is limited in this matter.
Han:
Honestly speaking, are these limits related to an unreasonable trade union system?
HFTU:
Then this is a question for discussion and study.. We can all study this point!
Han:
So, as you have just explained, our union must stay under [the party's] leadership. In our present market economy, isn't there any chance that union moves away from the leadership of the Party, and to make serving the workers its main task?
HFTU:
It cant be. Not under the present national conditions.
Han:
Look at the tens of thousands of Daqing oil workers! They are already organised. What damage can this organized union of theirs do to the ACFTU? Why wont they accept them? If not
HFTU:
Its the system. No one has the right to change this system of trade union organization.
Han:
The TUL states that trade unions are voluntary mass organisations of the workers. Moreover, the Constitution states that Chinese citizens have the right to freedom of association. But the TUC says that workers cannot organise their own unions and that all unions have to be under the sole control of the ACFTU. The TUC clearly violates the TUL and the Constitution. Surely, according to the principles of the TUL and Constitution, do the more than 80,000 retrenched Daqing oil workers have the right to organise their own trade union to protect and struggle for their rights? I believe they do.