(Broadcast on January 4, 2003)

On December 30, 2002, The Liaoyang City Procuratorate gave verbal notice to the lawyer of Ferroalloy Factory workers' representative Yao Fuxin that they had handed an indictment to the court. Yao, who has already spent nine months in detention, is to be charged with "subverting state power". Relatives of XiaoYunliang, a fellow Ferroalloy Factory workers' representative who was detained at the same time as Yao also received notice from the court that the Procuratorate had indicted him with the same crime. The two workers' representatives face these serious charges because they led Ferroalloy employees in a campaign against embezzlement, corruption and also demanded their legal rights. CLB spoke with the Yao Fuxin's daughter to find out more about how family members and the people of Liaoyang felt about the charges.

Daughter:

At first I was very worried about the case as I thought the workers would have been too afraid to come forward and give evidence on behalf of my father. But it is has not been nearly so bad as I imagined. There have been many people who have come to my house on their own initiative and talk with me about the whole matter. They have asked me to let them go to court and give evidence. So I am still very confident about the case.

Han (Han Dongfang):

So people are jumping to your father's defence?

Daughter:

That's right. Everybody feels that there should be no misgivings about this matter and that it should be based on the truth - it is simply a case of protecting our rights. People feel very strongly that things should be done properly.

Han:

This reaction must be heartening to you?

Daughter:

Certainly.

Han:

If Yao Fuxin and Xiao Yunliang are sentenced on the charge of subverting state power, do you think that this will put and end to any talk of a working class regime?

Daughter:

That's precisely the point. Aren't they always telling us that the workers are masters of our country and how important they are? And yet they can't even obtain guarantees on basic rights. This will make all that sound like so much empty talk.

Han:

Do you think that by sentencing these two, the problems at other nearby factories such as Liaoyang Carton Factory - let alone factories all over the country - will be resolved?

Daughter:

(Laughing) You're kidding! It's not just the Carton Factory either. There's trouble at the textile plant, the hemp factory…there are many factories and work units in the same boat. Back in March there were tens of thousands of workers out on the streets all facing the same fate. That's the reason why so many people were willing to demonstrate and petition even in the freezing cold. What do you think?

Han:

Yes you're right. In Liaoning province alone [Liaoyang city is in Liaoning - Ed] do you think that is going to scare off other workers, in the towns of Dandong and Panjin for example?

Daughter:

Well. How can I put it?…They are thinking that by sentencing my father and XiaoYunliang they can stop things getting out of hand generally. It's like the saying they're fond of -- "wiping out a situation before it takes seed" -- isn't it? (Laughing). It seems they think [the Ferroalloy protest] represents the seeds. But in my view this is not something they can destroy. These seeds could slowly grow into a large tree.

Han:

Moreover, if they can really destroy [a movement] before it takes seed or frighten off the others by making an example of one or two people, people must basically content to start with.

Daughter:

Precisely!

Han:

What good will it do them to sentence these two? It's not going to solve the basic issues of poverty and jobs.

Daughter:

Right. It reminds me of another saying, that there are basically three types of people in the world: those who wait, those who act and those who watch. I think my father is one of those who puts all his efforts into taking action to uphold workers' rights. The other workers are waiting to see what will happen before they move. The last category is the more old-fashioned folk who sit on the sidelines watching it all happen. If my father really is sentenced, even these people will see just how bad things really are and that could lead to even more people getting involved [in protests].

Han:

As Yao Fuxin's daughter, would you persuade him not to get involved if you could turn the clock back?

Daughter:

Certainly not! I support my father one hundred percent.

Han:

You sure?

Daughter:

Yes. I am proud of my father and what he has done even though it has landed us up in a family crisis and hardship. I think it's worth it.

Han:

You are a daughter that…

Daughter:

(Laughing) No. It's me who should feel proud of my father.

Han:

Yes, yes of course.

Daughter:

How… how can I put it? I stand with him. I don't necessarily think he is right on everything, but I understand his motives.

I randomly dialled telephone numbers in the Ferroalloy Factory district to try and gauge opinion on the charges laid against the workers' representatives. The following is a conversation with a farmer from a nearby village. I first of all asked if she had heard of the Ferroalloy workers' demonstrations:

Farmer:

Yes, I have heard about them.

Han:

You've heard about them?

Farmer:

Yes.

Han:

Did you know that some people have been detained?

Farmer:

Yes, I know about that as well. I don't know if they have been released.

Han:

Have you heard that two of them have been charged with subverting state power?

Farmer:

Really? I didn't know that. There was a short spell last year when they were marching to the government offices twice a week. It was a big fuss at the time.

Han:

Did you see it?

Farmer:

I saw the Ferroalloy Factory banners. It was all very grand and said they had detained two people.

Han:

What do you think about the workers' mood and attitude? Do you think they are right or wrong - or completely out of order?

Farmer:

I wouldn't say they're out of order. But they are certainly not in a good frame of mind. Those who were laid off…well, the ones who received compensated redundancy got about one or two thousand yuan, but the ones who were laid off got nothing and it's really hard to find work. It's tough for them.

Han:

As someone who isn't directly involved, do you think that the charges of subverting state power laid against the workers' representatives are justified?

Farmer:

Of course they are unreasonable. Basically this is about workers' rights as well as individual rights.

Han:

Do you think the factory workers will be convinced [by the charges]?

Farmer:

No, I don't think they will. It's a question of workers' rights. The laid off workers… they really…there are two laid off Ferroalloy workers in my family and they are in real difficulties. There's not much chance of finding a job when you're the wrong side of forty or fifty even. You see what I'm saying? It's really hard for them. These are older people who don’t have the physical strength to take menial jobs. And they don’t have the skills for technical workers. Some people say they can farm a bit of land to get by but they can't do that either. I know someone else who was laid off from the Ferroalloy Factory and started making quilts, earning only three hundred yuan in a month – and it’s pretty tough.

Han:

If these two are sentenced on the grounds that they have subverted the government, do you think it will scare off other workers from speaking out?

Farmer:

No. The workers won't just stop at that and will continue to petition. There are still folk who will take the lead.

Han:

Why?

Farmer:

I believe that…how can I say…If I go and demonstrate am I not thinking about my rights as well?

Han:

Logically speaking, the government is going to 'execute one to frighten off the others'…

Farmer:

They won't be able to scare them. Doing that will just make matters worse It's not just the workers from the ferroalloy plant. Before that, there were miners on the streets though I don't know what that was about.

Han:

As a third party who wasn't employed at the Ferroalloy Factory and not directly involved, what advice would you give to the government?

Farmer:

Well obviously I would ask them to release the people in detention and also look at the whole issue from the point of view of the workers and the poverty they are in. I'm telling you, it really is hard for them and they feel it is very unfair. How could they have kept them in detention for so long?

Han:

Do you think the best way out of this mess is to go ahead with the sentences or release them?

Farmer:

Release them. Don't you agree? I reckon that's the best way.

Han:

If you could find out when the trial is being held, would you be interested in going to the court to listen?

Farmer:

If I had time, then yes, I'd go.

Han:

Why would you go? Isn't this something to avoid?

Farmer:

Well…I think…the main thing is this is about workers' rights so I want to go and listen.

Han:

Normally, this wouldn't have anything do with you personally?

Farmer:

Nothing at all. But I will go if I have time.

Han:

But why if it is nothing to do with you?

Farmer:

Back when they were demonstrating, we saw the workers, they were just ordinary people dressed in ordinary clothes out there in freezing weather. If it was me like I was laid off or my neighbours or people from my work unit being sentenced for leading the protests…if that happened to me, I would definitely continue to petition the authorities. It's only right.