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荒诞者共和

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Posts tagged with "Injustice"

Nick Young: Brick kiln 'slavery' exposé follows Olympic child labour report

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China Development Brief
June 18, 2007


Senior Chinese officials vowed to act on an international NGO and trade union report alleging abusive practices in four Pearl Delta factories contracted to produce goods for the 2008 Olympics, even as the report was overshadowed by shocking revelations of forced child labour in brick kilns in the provinces of Henan and Shanxi.

“No Medal for the Olympics on Labour Rights,” published by the PlayFair 2008 campaign, ‘named and shamed’ a Taiwan-owned stationery company and three Hong Kong-owned factories producing sports bags and headwear in Shenzhen. All four companies had been licensed by the Beijing Organising Committee for the Olympic Games (BOCOG) to supply merchandise for the Olympics.

PlayFair’s report alleges cases of “child labour, excessive working hours, routine underpayment of wages, and blatant disregard of Chinese labour laws.”

The child labour charge was levelled at the Rekit Stationery Company where an undercover investigator who took a job at the factory reported that more than 20 children aged 12-16 were hired during school holidays to work 13-hour shifts on packing lines.

According to PlayFair, three out of the four factories investigated were paying less than the legal minimum wage—in the case of Yue Wing Cheong Light Products Ltd, less than half the statutory minimum. The report also highlights compulsory overtime, unhealthy workplace conditions and heavy fines for workers who report for work late or take time off.

Executive Vice President of BOCOG, Jiang Xiaoyu (蒋效愚), said in Hong Kong on June 11 that he took the allegations seriously and that “If any factory is found to have broken the law it will be punished.”

Foreign Ministry spokesman, Qin Gang (秦刚), told a June 12 press conference that BOCOG upholds “very strict labour rights and social responsibility standards” and that licensees who violate those standards will be “punished severely.”

Chinese media and websites widely interpreted these official responses as meaning that BOCOG will revoke the four companies’ licenses to produce Olympics merchandise.

“We feel that is exactly the wrong response,” PlayFair campaigner Ineke Zeldenrust told China Development Brief in a telephone interview. “The [global] brands have already learned that to deny and to cut and run is exactly the wrong kind of response. We’re looking for a different response, a structural response.”

At present, Zeldenrust argues, “If the [BOCOG] orders go elsewhere we have zero guarantees that it will be any different.”

The PlayFair report had likewise suggested that conditions in the factories investigated were typical rather than exceptional, “no different from those which prevail in many thousands of workplaces scattered throughout China.”

Brands steady at the helm

Representatives of two major sportswear brands, Adidas and Nike, acknowledge that the conditions described in the PlayFair report are quite familiar in supply chains but say they are making headway with their own codes of conduct and plan no special action in light of publicity surrounding the Beijing Olympics.

William Anderson, Adidas’ Head of Social and Environmental Affairs for the Asia Pacific, said in a phone interview that in 2004 Reebok, which has since been acquired by Adidas, sourced from one of the factories named in the PlayFair report. But, he continued, Adidas “terminated the business relationship because we had issues with excessive working hours and no proper employment record keeping.”

Sonya Durkin-Jones, Nike’s Corporate Responsibility Compliance Director for North Asia, wrote in an email to China Development Brief that Nike had sourced periodically from the same factory from 2001 until February 2007, when “the factory was deactivated from our sourcing base for business reasons.”

Durkin-Jones noted that “The findings in the PlayFair report echo areas for improvement in working conditions” that Nike has itself identified in global supply chains. “We hope this [PlayFair] report will further industry efforts to improve working conditions,” she added.

Nike, she said, is committed to “responsible competitiveness.” Its mid-term objectives include eliminating excessive overtime by 2011 in a global supply chain that involves nearly 800,000 workers in contract factories worldwide.

Anderson described public debate about supply chains as “healthy,” adding “I don’t think it’s necessarily a bad thing that NGOs are acting as watchdogs, and I don’t think it’s damaging for the Olympics.”

He did not foresee significant reputational risk for Adidas, which is a local sponsor of the Beijing Olympics, in pressure-group activism surrounding the event. “We have fairly comprehensive programmes in place,” he said. “We will have lots of journalists wishing to visit factories and there will be more work, but there will be no major change in the day to day work of monitoring conditions.”

With respect to Adidas’ own sourcing Anderson said: “There are always issues, that’s the nature of a large supply train, and we are in about 260 factories in China . . . But we generally find we have a much higher success rate [than external social auditors] in finding issues because team members are better trained, retained longer, visit the same places, and so begin to develop a relationship.”

Because of their large orders and extensive compliance workforce, Anderson argues, global brands are relatively well placed to ensure humane working conditions.

Campaign plans

PlayFair spokesperson Zeldenrust meanwhile pledges that “this campaign will run until the Games” and will include “worker exchanges” and public events in various countries. Activists, she suggested, may approach competing athletes for endorsement of the campaign. “People can use the logo to do creative things so hopefully it will be really big.”

Asked whether PlayFair is engaged in research for future reports, Zeldenrust said “What we’ve basically done is to work with some very credible and experienced local researchers. We’re definitely going to continue getting information and putting information out.”

PlayFair is also lobbying the International Olympic Committee (IOC) to create mechanisms for ensuring labour rights compliance throughout Olympic merchandise supply chains.

"The IOC has recognised that there is a problem, but they are not giving it the attention it deserves. A solution is needed not just for these four factories but for the whole of Olympics merchandise" says Guy Ryder, General Secretary of the International Trade Union Congress (ITUC), in a statement on the PlayFair 2008 website (www.PlayFair2008.org). “The IOC must take responsibility for the whole of Olympics licensing and apply the same degree of enthusiasm to protecting workers' rights as they do to protecting the copyright of the Olympic rings."

The ITUC, the International Textile, Garment and Leather Worker’s Federation and the Clean Clothes Campaign are the main organisers of the PlayFair 2008 campaign, which has also been endorsed by more than 30 trade unions and NGOs in 14 countries.

A notable omission is Oxfam International, nine of whose national affiliates played a leading role in a PlayFair campaign around the 2004 Athens Olympics.

Kelly Dent, Labour Rights Advocacy Coordinator of Oxfam Australia, told China Development Brief by email that “Oxfam International's strategic campaigning priorities in coming years will relate to agriculture, trade and climate change. Due to these priorities and resource constraints we will not be involved in campaigning relating to the Beijing Olympics.”

Nevertheless, according to Dent, Oxfam “will continue to be involved in lobbying of sportswear brands to improve their labour practices, as well as lobbying other clothing brands through different channels.”

Oxfam Hong Kong had distanced itself from the 2004 PlayFair campaign, which also highlighted conditions in Chinese factories, for fear that association with the global advocacy effort would cause difficulties for the NGO’s development programmes on China’s mainland.

Human bondage

Within days of the release of the PlayFair 2008 report, its allegations of child labour were both underlined and eclipsed by breaking news of children and mentally handicapped adults being forced into servitude in the provinces of Henan and Shanxi.

According to a June 13 report in the Beijing Daily (新京报), more than 400 parents, mainly from Henan, posted an Internet appeal for help in rescuing children who had been abducted from the precincts of train and bus stations and sold into slave-like conditions in brick factories in Shanxi. The parents said they had spent all their money and risked their lives to travel through remote areas of Shanxi looking for their children, the youngest of whom was only eight. They managed to rescue about 40 children but believed that many remained in conditions of forced servitude.

Within days, the newspaper reported, 580,000 netizens had read the parents’ appeal.

News media across the country began to cover the case and the authorities launched a high-profile investigation, with a reported 35,000 police officers mobilised in Henan alone.

By June 17, according to Chinese media reports, the police had freed 568 people from forced labour, including 22 under the age of 18, and had arrested 168 people.

The Chinese public has been deeply shocked by TV footage of police raids and harrowing press reports of adults and children forced to labour for up to eighteen hours a day, beaten and burnt by foremen and imprisoned by guards and savage dogs.

Editorials in leading newspapers have complained that China’s labour laws are not worth the paper they are written on, while Internet bulletin boards seethe with moral outrage and calls for judicial vengeance.


Political structure and the Shanxi kiln scandal

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Joel Martinsen
Danwei.org
June 30, 2007


"Poor governance" has been the buzzword this week in opinion pieces reflecting on the recent brick kiln slavery scandal in Hongdong County, Shanxi. Commentators lauded the watchdog role of the media and the Internet and railed against the corruption and malfeasance of Shanxi officials.

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China Dissident Says Confession Was Forced

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By JOSEPH KAHN
The New York Times (Times Select)
April 10, 2007


It was the first public statement by Gao Zhisheng, one of China’ s most outspoken dissidents, since his conviction in December.

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National Backing for citizens' rights to sue officials

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By Xie Chuanjiao
China Daily
2007-03-28


A top central government official has pledged better protection of citizens' rights to sue officials and official actions deemed harmful to their lawful interests.

The whole system to facilitate citizens' legal actions against officials and government offices is known in China as the administrative trial system, based on the nation's Administrative Procedure Law, enacted in 1990.

China will become more effective in preventing local officials' influence on the administrative trials, Luo Gan, a member of the Political Bureau Standing Committee of the Central Committee of Communist Party of China, told a high level legal conference yesterday in Beijing.

He also said the central government would ensure courts wielded greater independent trial power to overcome any protectionist attempts by regional and industrial bureaucracies.

Addressing the same conference, Hua Jianmin, secretary- general of the State Council, the Chinese cabinet, required all chief officials of government agencies to be present in court whenever their agencies were accused in administrative trials, rather than sending representatives.

Hua also pledged measures to facilitate administrative reconsideration and receive public supervisions.

Figures from the Supreme People's Court show from 2000 to 2006, Chinese courts handled nearly 639,736 administrative trials. In addition, in 34,581 cases, administrative compensation was awarded to citizen victims.

However, as the Political Bureau Standing Committee official pointed out, new strains in social relations were unavoidable in a rapidly developing country like China.

Citizens have increasingly been taking legal action against officials and government agencies, especially in the areas of urban and rural land acquisition and relocation programs, rural levies, corporate restructuring, labor relations and social security issues, protection of natural resources and environment, justice officials said.

Citizens were first able to sue officials from 1982, under the country's provisional civil procedural law.

The Administrative Procedure Law was enacted in April 1989 and took effect in October 1990, allowing citizens to more effectively legally challenge officials and government agencies for violations of their rights and interests.

This was followed by China's Law on State Compensation in 1994, defining the government's compensation terms to citizens; its Law on Administrative Punishment in 1996, defining punishment on officials or government offices for violations of citizens' rights and interests; and Administrative Reconsideration Law in 1999, defining terms for overturning incorrect administrative decisions.


Shanghai: Modern Conveniences as an Argument for Displacing Residents

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Shanghai: Modern Conveniences as an Argument for Displacing Residents
The case of Jianyeli, a pilot rejuvenation project
Valérie Laurans
China Perspectives n°58, March - April 2005

Do the Chinese aspire to modern conveniences? Such a question, which may seem incongruous, embodies the spirit of the times in many big Chinese cities, and particularly in Shanghai. At a time when the residential spaces of this megalopolis are undergoing complete renewal, residents are being encouraged to buy their own homes. While the authorities seek to make urban space profitable, residents are rethinking their conception of domestic comfort. Between the ambitions of politicians and the concerns of residents, access to modern conveniences, while being their common aspiration, is the scene of a clash of ideals between the leaders and the led.

My initial research explored the huge discrepancy, at the turn of the century, between the availability of a tremendous amount of new housing on the market and actual demand among the population of Shanghai[1]. The question of social change appeared just beneath the surface. The Chinese regime, which is dependent on the continuation of economic reforms, is now working on the construction of a legal framework for urban renewal. Faced with the excesses of property development, what recourse is there for the citizens of Shanghai? This article considers the stakes involved in the housing sector’s move into the market economy. It presents the social consequences of the reorganisation of the housing stock in Shanghai and emphasises the fundamental role that the displacement of the population has in the race for urban development. A detailed study of Jianyeli, a historic area which is the object of a pilot urban renewal project, recounts the progress of negotiations begun only after eviction proceedings had begun.

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Chinese Activists Stage Rolling Hunger Strike

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Radio Free Asia
2006.02.08


Original reporting in Mandarin by Ding Xiao and in Cantonese by Lei Kin-kwan. RFA Mandarin service director: Jennifer Chou. RFA Cantonese service director: Shiny Li. Translated and written for the Web in English by Luisetta Mudie. Edited by Sarah Jackson-Han.

HONG KONG—Leading Chinese rights activists, angry at the Communist Party's treatment of Chinese citizens, are staging a rolling hunger strike launched by Beijing-based lawyer Gao Zhisheng, whose own fast lasted 48 hours.

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The Time Magazine Office of Letters and Visits

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by Susan Jakes
The China Blog@Time.com
January 23, 2007


Susan Jakes is a native of New York City. A history major in college, she once did research on American journalists living in China but never imagined she'd become one herself. She joined TIME in Hong Kong in 2000 and has been based in Beijing since 2002.

Last Friday a middle-aged couple from Jiangsu province came to our office seeking justice. This is something that happens on a fairly regular basis. A few times a month, sometimes as often as several times in a given week, Chinese people with grievances against the courts, against the police, against their local governments will call the bureau to ask us for help. Often they're people who have spent years petitioning various official agencies for redress of their grievances.

Petitioning, as an institution, has existed in China in one form or another for centuries. The idea is that citizens (in the old days, subjects) who suffer harm in their hometowns can appeal to higher levels of of the bureacracy to right the wrongs. In a country where courts are still weak and rarely independent of other arms of government, the petition system is there to function like a kind of court of last resort, and a check on official power. Virtually every official organ in China has a "letter and visits" office at which the aggrieved can lodge complaints. The biggest of these offices are in Beijing and huge numbers of Chinese flock to the capital, with sheaves of documents in hand, hoping for intervention from on high. Last year, according to the State Council 30 million people lodged complaints at Letters and Visits offices throughout the country.

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Beating Death Chills Chinese Media

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By Peter Ford
The Christian Science Monitor
January 19, 2007


A reporter's killing after a coal-mine visit raises questions of legitimate journalism and a growing problem of extortion.

SHUI GOU CUN, CHINA - On Wednesday afternoon last week, in this remote farming village tucked into the snow-dusted hills of Shanxi Province, Lan Chengzhang was beaten to death in the frozen mud of a walled courtyard.

At first glance, he died a martyr to press freedom, courageously investigating conditions in the notoriously dangerous illegal coal mines that dot the region. But as local authorities here launch a campaign against "fake journalists" extorting money from mine owners in return for not reporting their activities, doubts have surfaced about just what Mr. Lan was doing when he met his death.

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One Reporter's Freedom, The Entire Media's Terror

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Jonathan Ansfield
China Digital Times
2006-12-16


Google the name of journalist Gao Qinrong in English today and the top results show a smattering of reports from overseas rights groups and a few news outlets – some noting his early release from prison in Shanxi province earlier this month (see AFP) (Article at Yahoo.com, the content has been withheld), but most predating it. Now Google Gao in Chinese (高勤荣) . Reams of fresh material pop up, making Gao a cause celebre for advocates of greater media supervision and free expression in China.

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Why Gao Qinrong Could Not Get Vindicated Over Eight Years

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By Xu Ying
yWeekend (Original Chinese article)
January 4, 2007


(Translation by ESWN)

Later December last year, Gao Qinrong forwarded his appeal materials to the National People's Congress. He said that the materials will be forwarded to the Supreme Court and his appeal will have bright prospects. Gao Qinrong was involved in the report on the Shanxi Fake Irrigation Project and was named a hero reporter for exposing fakery. Later, he was sentenced to 13 years in prison (12 years time served) for "pimping, embezzlement and fraud." After deducting time for good behavior he actually served eight years.

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