Our problems can be solved if we workers can exercise our rights
27 December 2002(Broadcast on December 27, 2002)
Released on bail on December 20, Liaoyang labour activist Wang Zhaoming talked about his convictions and his expectations of the international trade union community in his first-ever media interview with China Labour Bulletin on December 27.
Wang:
We have suffered a lot. But
we wont be brought down so easily. We have survived it! [The case] has been brought to the court. I guess the case will be tried
after the Spring Festival [Starting on February 1, 2003 Ed].
Han Dongfang [Han]:
Did you receive the indictment?
Wang:
No, not yet.
Han:
Oh, really. Are there any conditions attached to your release on bail?
Wang:
The [Liaoyang] public security bureau states that I cant
I cant leave Liaoyang City. I have to get their permission for that.
Han:
Were you formally notified that you could go ahead and hire a lawyer?
Wang:
Yes. They told me to hire a lawyer.
Han:
When was that?
Wang:
After my release. In the court.
Han:
How about the indictment?
Wang:
No, I didnt receive the indictment.
Han:
That means you got the official notice on the day of your [conditional] release?
Wang:
It was three days after the release. I was told to go to the court and I got the notice then.
Han:
What does it say?
Wang:
Wait a minute. Let me read it to you.
Han:
Oh, thanks.
Wang:
Its like this: This Court has received from the Liaoyang City Public Security Bureau documents for investigation pertaining to the charge of illegal assembly, marches and demonstration against Wang Zhaoming. In accordance with Article 33 of the Criminal Procedure Law of the Peoples Republic of China, we hereby inform you that it is your right to enlist somebody in your defense. December 20.
I asked him what he was planning to do about a defense lawyer.
Wang:
I am pretty poor. I cant afford
hiring a lawyer.
Han:
Will the government arrange a lawyer for you?
Wang:
The government
no, it hasnt arranged anything. We wont accept their lawyers anyway. You know this case well. Its pointless to use their lawyers.
Han:
Say if the international trade unions are willing to help out, like some kind of international solidarity, dont you think it would help?
Wang:
Im glad to take it if this can be done.
Han:
Ill make some arrangement for that.
Wang:
Thanks a lot for that.
Han:
I know two lawyers in Beijing. I have once asked them, Will you take up the case of the several guys in Liaoyang? They said yes. I can follow up on that if you choose their legal service.
Wang:
Thanks a lot. Thanks a lot, really.
Han:
Oh, its nothing, really. Its you who has been suffering. Its you who has stood up and defended the workers rights, not me. What I am doing is to help with some legal assistance. Thats it.
Wang:
But we thank you for your
your moral support.
Han:
Have you ever regretted what has happened to you over the past 9 months?
Wang:
Nothing to regret. I still think that what we have done is an act of justice. We are only asking for our back pay. This is reasonable and legal in every sense. It is our hard-earned money. Why [is the factory] holding it?
It simply doesnt make sense to us. We have to get it back. The government has done nothing despite our numerous petitions. We were left with no options but taking to the streets! Two of us are still locked up. Theyve got to release them!
Han:
What you have just said
will it bring you any troubles?
Wang:
Well, I have quite a lot already. I dont think I can get away from it.
Han:
Are there any conditions for the bail, say, you cant talk with outsiders?
Wang:
Yes. But its O.K. After all, you stand by us, and we thank you for that. And we are willing to take your support. We lot have not joined any political parties. We are just fighting for our back pay and our livelihood. We havent done anything else.
Wang explained that the Ferroalloy Factory had violated the Labour Law when it went bankrupt without settling their back pay. He said that Ferroalloy workers were concerned about the outcome of our court case.
Wang:
The Labour Law states that state enterprises have to settle outstanding payments before going bankrupt (Note). [The factory] has got to pay us. It is illegal to simply declare bankruptcy without paying us our wages. Thats why we petitioned. We havent done anything against the public. Everything we have done is fair and just. We havent done anything wrong. We are just asking for our hard-earned money, our back pay. We want to live. The government has the responsibility [to ensure our livelihood], and no one can contest that. We want to know what the court has got to say, who is in the wrong. There has to be a definite outcome.
Lastly, Wang Zhaoming assured us that he would fight on no matter how difficult his life would be. He also said that problems could be solved when Chinese workers claimed back their rights.
Han:
What is your family living on right now?
Wang:
My wife is the breadwinner. Life is pretty difficult now.
Han:
What is she doing?
Wang:
Some odd jobs. I would say
we are barely surviving.
Han:
Where did she use to work?
Wang:
In a water supply company. She is out of work now. She is paid some living allowances [for laid off workers Ed], but it is far from enough. The situation in this country
you know it well. Things are not cheap, and we are having a difficult time. No matter how difficult it is, we will survive it. I hope that fellow unemployed workers will remember us. I hope you will give us some concrete help. Its really difficult for us now. But I am not talking about money. Our problems can be solved if we workers can exercise our rights to live and manage our own lives.
(Note)
According to the Enterprise Bankruptcy Law, the usual procedure for an enterprise going bankrupt works like this: upon application by the enterprise and the courts approval, a liquidation task force will be set up by the court within 15 days after the enterprise is declared bankrupt. After paying for the liquidation expenses, the enterprise has to settle the following payments: employees wages and insurance, taxes and debts, in that order. (back)