"A major defeat for workers struggling for freedom of association in China"

HKCTU statement concerning the ACFTU's election as a Worker Deputy Member in the ILO Governing Body

June 12 , 2002



Dear Sisters and Brothers,

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-a-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 organization 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-a-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 organization that makes absolutely no commitment to supporting the right to freedom of association and the right to organize, 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

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