Mr. Hu Jintao

President of the People’s Republic of China

C/o Ministry of Justice

1 Huajiadija, Chaoyangqu, Bejingshi

People’s Republic of China

By fax: + 86 10 647 298 63

By e-mail: minister@legalinfo.gov.cn

29 October 2004

Dear President Hu,

Prison sentences imposed on five workers employed at Stella International in Dongguan

On behalf of the International Confederation of Free Trade Unions, which represents 148 million unionised workers through its 234 national affiliated union centres in 152 countries and territories, including China’s Hong Kong SAR, I am writing to express our movement’s firm condemnation of the heavy prison sentences imposed on five workers at Stella International’s Xing Ang Shoe Factory by the Dongguan Municipal People’s Court.

According to our information, Wan Jiafeng was sentenced to three and a half years’ imprisonment; Chen Nanliu, Ma Changwei and Qu Pengtao were each jailed for three years; and an under-aged female worker, Chen Suo, was given a two-year prison sentence, suspended for three years.

All five workers were convicted on criminal charges of “intentional destruction of property” following a closed-door trial on 25 August that lasted only 66 minutes.

The charges were brought against them after their participation in a mass protest on the evening of 23 April, at the Xing Ang Shoe Factory. Approximately 1,000 workers staged a mass protest over wage issues, poor meals provided by the factory, and for working hours that exceeded limits set in China’s Labour Law. Some machinery and other items of company property were damaged in the course of the protest action. Dozens of other workers are reported to have been fired for participating in the protests.

The factory management had withheld or seriously underpaid workers’ wages for several months. Despite excessive 11-hour shifts and one weekly rest day, the factory paid only around 450 Yuan, of which a large proportion went to accommodation and food at the factory. Moreover, in March and April many workers were paid only 50 Yuan.

The five workers were detained by police shortly after the protest, together with five workers from the neighboring Xing Xiong Shoe Factory, who had staged a similar protest action along with 4,000 fellow workers at the Xing Xiong factory only two days earlier. The latter five workers went on trial on the same charges in a separate court hearing on 8 September. The verdicts in this second trial are not known at the time of writing.

The Dongguan court has disregarded the claim by the defense that the prosecution had failed to provide any actual evidence linking the five workers to specific acts of damage to property, or to any other form of criminal behaviour on the night of 23 April. Similarly, defence counsel emphasized that the prosecutor had provided no evidence that the five workers had “instigated” or “led” the mass protest was presented before the court. On the contrary numerous witness statements described the protest as a spontaneous action resulting from the anger over insufficient pay and illegal working conditions. The ICFTU believes that the five workers have been singled out as scapegoats and sentenced to prison terms as a warning to others.

It is the ICFTU’s firm belief that the workers’ anger and damage to company property was the result of the absence of independent trade unions through which workers could have communicated their frustration and persuaded management to sit at the bargaining table. Furthermore, the right to strike, fully recognised by the International Labour Organisation (ILO) - of which China is a founding member - is not afforded any protection in China.

Moreover, the fact that the trial of five defendants lasted barely more than one hour and was closed to the public strongly suggests that a verdict had been reached before the trial was heard. The ICFTU has been informed that the workers may appeal and we urge you to ensure that any appeals lodged are given a thorough and open hearing.

As a Member State of the ILO, China is bound to uphold its basic principles, including the freedom of association. Therefore, I strongly urge you, Mr. President, to order an independent inquiry into all aspects of this case including illegal working conditions and the summary proceedings before the Dongguan Municipal People’s Court. As no reliable evidence has been presented to justify the five workers’ conviction, we further urge you to order their immediate release. Failing to act the Chinese authorities will once again be tarnished by their lack of protection of fundamental workers’ rights.

Yours sincerely,

General Secretary

Cc: Mr. Wang Zhaoguo, Chairman, ACFTU, Beijing (by fax: 86-10-68 59 33 19)

Xu Meijun, Chairperson, Dongguan Federation of Trade Unions

3 November 2004