Open
World Conference of Workers
In Defense of Trade Union Independence & Democratic Rights
HKCTU Declaration on Blow to Freedom of Association in China
Declaration of the Hong-Kong Confederation of Trade Unions (HKCTU)
concerning the election to the Governing Board of the ILO of the All China
Federation of Trade Unions (ACFTU) as delegates for the Workers Group
"A Major Defeat for Workers Struggling for Freedom of Association
in China"
[Note: Following is the declaration of the HKCTU, member of
the International Confederation of Free Trade Unions (ICFTU), concerning
the election of a representative of the ACFTU to the ILO's Governing
Board.
Lee Cheukyan, general secretary of the (HKCTU), sent it to the
International Liaison Committee for a Workers' International (ILC) and
asked that it be distributed it as a contribution to the discussion of the
June 16th Conference convened by the ILC in Geneva on the issue of labor
rights and the defense of the ILO Conventions. This statement is reprinted
from the ILC June 16 Geneva Conference Report-Back Bulletin.]
We are shocked and deeply disappointed by the election of the All China
Federation of Trade Unions (ACFTU) to the ILO Governing Body as a Worker
Deputy Member on June 10. This not only marks a major defeat for workers
in China who are struggling to achieve the right to freedom of association
(a struggle which only recently led to the imprisonment of workers in
Liaoyang and Daqing for exercising this right), but also raises serious
questions about the current strategy of the international trade union
movement vis-à-vis China.
As the ICFTU acting General Secretary, Guy Ryder, stated in the conclusion
of the first meeting of the China Working Party of the ICFTU Human and
Trade Union Rights Committee on March 15, the ACFTU is clearly not a
genuine representative of workers in China and should not be treated as
such. The significance of this cannot be understated, just as we cannot
underestimate the longer-term implications of the ACFTU's success in
gaining a seat in the ILO Governing Body.
As we have known for some years now, dating back to the ICFTU high-level
delegation to Beijing in 1997, the ACFTU leadership has been intent on
gaining a seat in the ILO Governing Body at the behest of the Chinese
Government. The purpose, stated very clearly at that time, was not only to
prevent criticism of the Chinese Government over violations of freedom of
association and other fundamental human and trade union rights, but also
to push for the downward revision of the international principles and
rights embodied in the ILO Conventions.
It is the view of the Chinese Government, the Chinese Communist Party, and
the ACFTU that is subordinated to it, that fundamental worker rights such
as freedom of association must be conditional upon the level of
development of a country and must take into account "unique social
and cultural characteristics." Ultimately this is an argument that
excuses the Chinese Government for its brutal repression of independent
workers' movements and disavows its obligations as a member of the ILO. It
is with sad irony, then, that a Government that refuses to abide by its
obligations under Conventions no. 87 and no. 98 as a member of the ILO
should succeed in having its state- and Party-controlled trade union
organisation gain membership of the ILO Governing Body.
Yet the implications extend beyond China. Through the ACFTU the Chinese
government is able to defend similar violations of trade union rights in
other countries and support claims that principles such as freedom of
association must be subordinate to social or cultural "values"
or the level of development of each country.
As such we believe it is necessary to review the current strategy of the
ICFTU and its affiliates concerning China, and to consider seriously the
longer-term implications. We not only seek a comprehensive and critical
evaluation of the impact on the independent workers' movement in mainland
China, but also to consider the implications for democratic, independent
trade unions in Hong Kong.
While debates over strategy and tactics vis-à-vis China among the
affiliates of the ICFTU and GUF have involved a wide range of views, it is
clear that there has been a marked shift towards more "critical
dialogue" or "critical engagement" as a means of
establishing and maintaining contact with the ACFTU. Such approaches have
always assumed that while the benefits of this contact are unclear, it at
least "does no harm." However, we strongly believe that the
ACFTU's victory in gaining a seat in the ILO Governing Body is clear
evidence of the harm that can be done.
To give international "legitimacy" to a trade union organisation
that makes absolutely no commitment to supporting the right to freedom of
association and the right to organise, whilst remaining subordinated
legally and institutionally to the Government and the ruling Communist
Party, is a major setback for the independent workers' movement in China.
Moreover, the ACFTU has achieved this diplomatic victory without having to
make any substantive changes to its policies and outlook, and without
having to support any kind of political or legal reform that would
surrender its trade union monopoly and allow workers the right to form
unions freely, and of their own choosing.
As such, it is extremely doubtful that any future "critical
dialogue" or "engagement" would succeed in applying any
significant pressure on the ACFTU. Rather, it has learned from this
experience that no real changes need be made to gain international
"legitimacy" and to fulfill the diplomatic task laid down by the
Government that controls it.
It is clearly time to reflect seriously on the strategy and tactics
employed to date, and to respond to the very great challenge posed to us
by the ACFTU's new international "legitimacy" gained by its
accession to the ILO Governing Body.
We hope that we can work together in facing this challenge and
strengthening our solidarity with workers in China.
In solidarity,
Lee Cheuk-yan,
General Secretary,
HKCTU,
Hong Kong,
(June 12, 2002)