From 5 July to 14 August, more than 1,800 workers from the Zaoyang Fertilizer Factory [ZFF] in Zaoyang City, Hubei Province carried out a 40-day-strike. They demands included asking the government to fulfill its promises of giving them retrenchment compensation of 1,200 Yuan for each year of service. However, instead of dialogue with the workers, the government sent several hundred police and riot police to the factory to undertake ideological work with the workers on August 11. Unsurprisingly, workers replied to the governments tactics with bricks and tiles and no agreement has been reached. From 14 August onwards, Zaoyang Public Security Bureau [PSB] ordered the secret arrest of workers actively involved in the strike - whoever discussed the strike would be detained and the whole residential area was under police surveillance and full of fear. CLB conducted a series of interviews with workers and PSB officials. Last Saturday, a ZFF worker who had been injured at his workplace and denied reasonable compensation talked to CLB and today, we will broadcast the second part of his interview.
Han Dongfang [Han]:
How about if you or your friends go to Wuhan or some other place to consult a lawyer? You can tell him the situation and see what he could advise in terms of legal assistance for example what evidence would be useful in order to sue the government. Do you think it is risky?
Worker:
Hmm
I dare not! You know, it is their [the government] place, they have all the power and the police are under their control. To sue them is too risky. I am worried that they may cause me trouble. If I sue them, they will send someone around to beat me up, I am certain about that. Now the law means power and power is law. To sue them means to try to overthrow the enterprise and the municipal government and how could I possibly do this?
Han:
But isnt the Zaoyang government under the Xiangfan municipal government?
Worker:
Even if the Xiangfan municipal government sends someone over, he will also take its [Zaoyang government] side and there is nothing you can do. You cant sue them, nobody can, and it is not going to work.
Han:
Still, the Xiangfan government is under the provincial government.
Worker:
Provincial government
well it did send people around, those retired officials, not much use though. They talked to the representatives but couldnt fix anything, that is why they final cracked us down.
Han:
How about the central government?
Worker:
Even the central government cant solve the problem, nobody can, now is hopeless.
Han:
Why?
Worker:
It wont change, no matter who we turn to. We can only be silent and remain at their mercy. How can an ordinary worker sue them, after our 40-day strike ended in vain?
Han:
But isnt the communist party still running the country?
Worker:
Yes, we all know that. You should know that too. How can we challenge the government?
Han:
Which government cant you challenge? The communist government or the Zaoyang one?
Worker:
Listen, Zaoyang government just follows instructions from above. You cant challenge it; they have the money to fix everything. If you sue them, they would bribe people until everyone becomes their side-kick and how much do you think workers can pay?
Han:
You think the Zaoyang government could even bribe Hu Jintao [President] and Wen Jiabao [Premier]?
Worker:
You can try. Go to Beijing and make them [officials] write you a document, ask the officials from the province to fix it or make the Central Planning Commission to write the memo. We will wait for them here and will see what it could do.
Han:
Do you think if the workers take the factory to court courts in Zaoyang, Xiangfan, Hubei right up to the Supreme Court in Beijing - this will bring you some justice?
Worker:
I dont think so. They can bribe the lawyer we hire, they have all connections in courts and procuratorate, and you cant possibly fight against them.
Han:
How about getting a better lawyer in Beijing?
Worker:
Who dares to go to Beijing? What if you get into trouble, who is going to rescue you? Will you still try if you are certain that they will make your life miserable?
Han:
So the workers will just shut up.
Worker:
Yes, we are meat on the chopping-board.
Han:
You agree with them on the surface but do you mean
Worker:
We are very angry inside, very disappointed but what can we do? We have to give up.
Han:
That means the workers dont want to be silent even they are on the surface.
Worker:
Yes, our hearts cant accept this but we are forced to keep our mouths shut.
Han:
That is why you are silent?
Worker:
Right, we have no choice. Where can we find justice? You simply cant make it. You know my lawsuit has carried on for 6 or 7 years and whenever I sue them, they fix it in their own way, what do you think an ordinary worker can afford? I have spent so much money, you know. My occupational accident case so far has not reached anywhere.
Han:
It sounds very distressing!
Worker:
Yes, it does! Nobody dares to speak out. Once you do, they definitely would detain you for 15 days. They can detain you 15 days before really arresting you.
Han:
Dont you think there is/are one, two or some more courageous workers from ZFF who can talk to the lawyer, if there is a lawyer willing to handle your case?
Worker:
No, I dont think so.
Han:
How come the workers dare to carry out a 40-day-strike but dont dare to talk to a lawyer?
Worker:
No.
Han:
Why such a contrast?
Worker:
We all know that it is their [the governments] arena, we are just ordinary folks and we dont have the laws and power. The legal system is controlled by the government, all controlled by them.
Han:
Still, why did you strike for 40 days but are so fearful in suing the government?
Worker:
The strike was a sudden impulse and we did share solidarity at that moment. You know when we started there was a lot of people there to help start it [the strike]. But once things go wrong, nobody dares to stand out anymore.
Han:
That means it was an impulse and not a truly strong movement [decision]?
Worker:
Right, it isnt.
Han:
Do you think a case like Tieshu Factory in Suizhou is true strength? They stick to their own demands and to the law regardless of how the government treats them.
Worker:
You know what: ZFF workers have no money, they cant even make a living - how could they fight for their rights? It is just like throwing an egg onto a rock; do you think we [as an egg] can win?
Han:
Do you think if at the beginning, instead of a strike, the workers had signed an indictment and started legal proceedings it would have been a different situation?
Worker:
I guess so. At least they wont arrest workers, but you know... legal procedures
we people have no idea what they are and we didnt have any organizers. We have no one to do this type of thing and no idea how to sue them. In addition, once we would have got organized, they would detain us and arrest us.
Han:
In accordance to the Trade Union Law, the county trade union is supposed to provide legal aid to its workers.
Worker:
Trade union, you better forget it. I contacted it after my injury, what do you think it turned out? Nothing, nothing happened.
Han:
You mean you asked help from the Zaoyang General Trade Union?
Worker:
Yes.
Han:
What did they do?
Worker:
They didnt care about my injury, they simply didnt. Nowadays the trade union only cares about money, it is happy as long as it gets money.
Han:
You mean the union cadres only see it as a job?
Worker:
Right, exactly.
Han:
And they work for only money?
Worker:
Yes.
Han:
And see their work as a secure job?
Worker:
Right! Nobody cares anymore. Lots of police are around, they all work for ZFF. All the primary level of cadres of Zaoyang city went to visit workers to carry out ideological work and they complained that it didnt work. You can tell that legal proceedings are not going to work, all police are working for ZFF and we are powerless people. Laws dont protect the workers, but the government. The powerful ones control the law. It has happened throughout Chinese history.
Han:
You know even if a lawyer from Beijing wants to handle your case, ZFF workers can go there and go through the case with him?
Worker:
No, nobody would go. No one would sue, for we know that the accuser would be arrested and/or detained. It is possible that they may even pay someone to kill you when you went out. They could kidnap you once you left [the town or house] and you might lose your life. You might not even know how you would be murdered. We only want to preserve our poor lives - we cant make a legal claim, no way!
Han:
That sounds like a triad [criminal gang] society.
Worker:
Indeed. It has been like this for a long time. They are mighty enough to do everything. When it comes to workers rights, China always cracks down.
Han:
That really sounds desperate! Let say, if a lawyer is willing to handle the case and he offers the service for free. Will there be anybody work with him?
Worker:
No, even then no! Didnt I give you those examples? If you sue, you will be taken away and those triad people really will kill you.
Han:
Does the triad really kill people in order to shut them up?
Worker:
Sure, they dare to. They have the power to be daring. Is there anything you can think of that they are not capable to do?
Han:
But how could you claim [be sure] that they would, if they yet done it?
Worker:
I give you another example. We posted some banners about anti-corruption in public areas and they sent some 17/18 year-olds to tear them down, just brutally removed them - dare you sue them?
Han:
When did that happen?
Worker:
It was when we were blocking the gate.
Han:
During the strike?
Worker:
Yes.
Han:
Who did they send to remove your anti-corruption message?
Worker:
Some 17 or 18 year-olds.
Han:
Where did they come from?
Worker:
All from Zaoyang, local gangsters.
Han:
All from Zaoyang?
Worker:
Yes, gangsters hired by them [the government].
Han:
How many of them?
Worker:
Eight or nine. They came with their motorbikes. You know the police didnt bother to remove those [banners] themselves; they paid the gangsters to take care of it.
Han:
Who paid them?
Worker:
The government.
Han:
Didnt the workers stop them?
Worker:
Not many workers were there that day. They came with their motorbikes, removed the banners and drove away.
Han:
Did it really happen?
Worker:
Sure, I am not kidding! So who dares to sue them? They paid the triad and you dare to sue them? The government is
who dares? Take me as an example; if I would sue them then I would be killed. I prefer to spare my life instead of asking for the money [retrenchment compensation]. Do you know what I mean? Dont you think it makes sense? The corrupt officials come and go as a cycle. Last year there was a crackdown and the same happened this year - they detain us, or even arrest us, no matter how far we go.
Han:
I can understand your fear.
Worker:
That is why nobody would sue them, unless he doesnt want to live any longer.
Han:
Oh!
Worker:
Do you believe what I said?
Han:
It seems that only the central government can solve the problem.
Worker:
Only the central government; the Central Planning Commission could send people to deal with it if you can manage to bring them together. The Central Planning Commission and the Procuratorate, these departments must join together to solve this problem. If this is not ordered by the central government then nobody could or would do it. Unless the provincial government, the central government and the Central Planning Commission join together, the Zaoyang case is hopeless. It is a small city, but it there is no rules here, the poorer the place is, the more corrupt the officials are and the more violent the crackdowns become. The people only want to live, to ensure their livelihood and they dont mean to stir up troubles. We know we might lose our lives if we stir up anything.
The series of ZFF interviews end here and I welcome audiences to share with us their similar experience.