Meng Han, October 11, 2017

 

 

Continued from Part One

 

Governmental Dysfunction and NGO Work

In our time of great changes, the term “NGO”—when applied to our Service Center—inevitably has some political connotation. NGO workers have nothing to do with any criminal activities, but have everything to do with governmental dysfunction. It is precisely because of this that we drew attention from society. It is also because of this that the media, scholars, and workers have taken an interest in us and observed our work. As a matter of fact, it is inevitable that NGOs will impact the government in any country. The core issue is in what manner NGOs are making an impact. In my opinion, the involvement of the Service Center in Lide’s labor dispute, at the request of the workers, was positive, progressive, and moved society forward.

For many years local governments have focused on GDP, political achievement, and stability in economic development. Have they ever realized that the contradiction between employees and employers has intensified, and that workers and migrant peasant workers will be the biggest victims if they continue to do things this way? I am very familiar with this group of people for I was a laid-off worker. The saying “behind high-rise buildings there are shadows, and under neon lights blood and tears” is a true portrayal of this class of people.

Compared with unorganized and extreme rights activities, these organized rights activities are no doubt rational progress. The success of the Lide workers’ struggle is precisely because of this. During the process, this group may be unstable and may encounter all kinds of conflicts, but they must go through this process. Those who are unaware of their rights must be awoken from their slumber. They can win as long as they think from their point of view, advocate and defend their rights and interests, overcome difficulties, keep up their resistance, believe in organizing themselves, and rely on collective strength. I believe that they have the courage and that they certainly have a strong desire to win.

During this process, I have tried to understand how young workers’ enthusiasm and older workers’ awareness of their goals entered into agreement. Did our recommendations play a complementary role? When I look back, that is exactly how it worked. We prepared several negotiation plans and various suggestions. For instance, to make sure that the social security arrears must be paid while they could make some compromises on reserve fund[i] and overtime pay. They adopted these suggestions. There were numerous such examples.

Now I am absolutely convinced that in the past few years the contradiction between labor and owners has become increasingly prominent, and many workers are worried that their legitimate rights and interests are wantonly infringed upon and exploited. Government dysfunction, mutual prevarication, bureaucratic government-led “unions,” and complicated and lengthy legal procedures all led to the frustration and desperation of workers when they wanted to make a complaint. And it is for these reasons that NGO institutions such as the Panyu Migrant Worker Service Center came into being and provided what was needed. It is also at this time that the idea of “serving the workers and making the interests of workers the top priority” took root in my heart.                                                                                                                                                                                              However, even so, I cannot forget the serious consequences brought about by the disorderly rights struggle of the workers. We have ample examples in which workers lost their freedom, health, and even lives in chaotic and unorganized rights struggles. Therefore, the Service Center tried to guide the workers to set up workers’ organizations during its involvement in the Lide workers’ rights activities to ensure orderliness. Did such an act constitute a major factor of our violation of the law? From the actions of the government, we see that it has come to this conclusion.

I would like to repeat the words I have said more than once: In this era, in fact, almost everyone understands that the most important reason for the workers’ strike was that the workers held the strike for their decency and dignity. This aspect of the strike was reported in the media and online. In fact, the strike was also a heroic struggle against the bureaucracy and owners. It is entirely different from anti-government behavior. I thought that everyone should have understood this.

 

 

I do not even care to figure out why and how the state media demonized our work by accusing us of “criminal offenses.” I just want to figure out why the workers’ rights and interests are generally infringed upon and what effective ways there are to protect the rights and interests of workers. That’s what I want to do.

If our organizing and guiding workers to help them protect their legitimate rights and interests are criminal offenses, then I want to ask: is it not a criminal offense when the police use force to suppress an NGO’s normal work and the judiciary institutions abuse criminal law against NGOs?

The Path for Workers to Fight for Their Rights Has Been Blocked

While in prison, I had time to think. I got excited all over again every time I recalled how I first met the Lide workers.

At that time, I did a very important thing—my colleagues and I guided workers to form a steering group through an election. After that, they met other workers and actively carried out promotional activities. Strictly speaking, these activities were full of vitality, happiness, and pleasantness. There was no element of coercion, force, or threat, only suggestion to participate in the activities to defend their own interests. There was also another move—broadcasting a successful rights case, and asking ordinary workers to get on the stage and talk about their experiences in defending their rights and their views on advocating their rights. Now I know very well that it is very hard to do the same again, but how effective a move it was.

One thing I’d like to add is that, after the victory of the workers’ strike, we strived to collect the most effective and best practices adopted during their rights activities and organized workers’ tours to give talks to workers in other places. Workers elsewhere benefited from the new working method we adopted. We guided workers on how to use media and its influence to completely change the passive and weak position of workers in their struggle. This does not just mean a different entry point or different ways of defending rights. In fact, this reflects the civil rights awareness by the new generation of workers in current society.

It is these new methods of work that put workers’ rights activities onto the right track. It changed the previous disorderly situation where workers fought individually in demanding pay and defending their rights. They put the facts on display, and collectively faced the employer, the government, and the media. This is not only a show of determination, confidence, and strength, it is also a heightened sense of rights awareness and reflection of collective wisdom of the workers.

 

 

When I look back at the events two years ago, I have to admit that my heart is very heavy. For a long time—in fact from the time when I was a worker at the First Hospital of Guangzhou University of Chinese Medicine—I have had this problem.

I remember a female worker, a representative of the workers, at the hospital who had worked there for more than a dozen years and got a lot of recognition and awards. When she was laid off by the hospital, she received no social security or health insurance. At the time when the strikes achieved some initial victory, her legs were in so much pain she could barely stand up. When she left with a meager ¥20,000 (about US$3,300 at the time) of humanitarian relief, I felt so sad I almost cried out loud. This is something that has sat heavily on my chest.

Having these painful thoughts in mind, I feel that I should tell the process, motives and my feelings during these events. To be honest, this is a bit scary. People in general accept certain things directly in real time. They experience happiness, uneasiness, anger, or pain in the real situation. But I know how things will change, and they unfold the way I foresee them. This advanced knowledge doesn’t make me happy. On the contrary.

It is rather obvious that the road for workers’ rights advocacy has been blocked and the back door has long been closed, too. The economy has developed to this day but workers do not have the right to strike or organize their own trade unions. If workers do not even have the right to associate, how can workers protect their rights in this era of powerful capital? We cannot allow this situation of keeping low labor costs to continue. In order to end this situation, workers need to organize, to set up their own trade unions, and to have their right to strike! A society where workers and NGOs are suppressed through so-called law and administrative means is not a society ruled by law.

I felt a heavy burden off my shoulders after expressing these feelings and views, even though Lide workers’ strikes became my crime. As in the past, before the legal process was completed, the case had been coordinated in advance by government offices to set the tone.

At the moment, what we still see is a judicial system succumbing to external power, lawyer’s defenses subjected to various restrictions, and a manipulated judicial process. All these led to an unfair trial in my case. Such an unjust judicial system shook my already wavering faith in the law. However, the prosecution by the procuratorate and the judgment of the court against me were just to meet the needs of external power. They have become the guardian of local interests. It is the working class who get hurt the most!

This is only one aspect of the real tragedy of the working class, an aspect that makes every worker uneasy. As an older worker, however, I have something else that I worry about too—the continued deterioration of labor-owner relations in the market economy will lead to the instability of labor relations as a whole. To this today, the interests and rights of a large number of workers in our country’s development and urban construction are still infringed upon. Doubtlessly, the government should take the responsibility.

As an older worker, I can only express my deep admiration for those labor NGO staff, labor rights lawyers, as well as people from all walks of life who are concerned about labor rights. In the protection and maintenance of workers’ rights and interests, their acts may not be noticeable, but they have done a lot of work. It is they who have given the workers determination and courage to advocate for their rights and interests.

In my opinion, what we did is correct. There is no doubt about it.

Their Method of Solving Problems is Imprisonment

The workers’ strike has been associated with my life spent in detention.

I clearly remember how they talked to me in the interrogation room: some police officers freely assumed my guilt and asked me to incriminate other colleagues of the Service Center in exchange for a lighter sentence. It is from this dirty deal that I saw their abuses. Their oppression of ordinary and honest people like us has gone beyond handling a criminal case.

This makes everything look like persecution.

I remember I remained silent for a long time while staring at them. My thoughts were heavy and painful. They took turns to interrogate me day and night, repeatedly modifying the interrogation transcripts and forcing me to sign. It really shocked me. For so many months and so many times, they wanted to get from me materials that could be used to incriminate others.

This lasted for a long time. I always persuaded myself: even though they did not wear police uniforms, they were police, whom I ran into in my work all the time. I remember that their investigation began right after the Lide workers’ strike. At that time the workers had been organized. We were all clear that neither of us could get the problem solved by doing this. It was just a farce. But still….

In order to create an atmosphere suited for their handling of my case, they kept pressuring me to plead guilty. They have acted like that even to this day.

I have been trying to free myself from this suffocating, unbearable, and menacing atmosphere. We were punished by the “law.” In fact we were presumed guilty from the very beginning. The rest of it was to move through the so-called legal procedures, which they did without scruples.

Their repeated sentences can never change my mind.

The confrontation between workers and the police because of the rights activities is my pain. No, the pain is not ours, but that of our time! For this reason, Lide workers’ strike is but a microcosm in this era, because they reflect the plight of all workers.

Everyone knows that it is workers who are the masters of this country. But they have no status, no power, no resources. All they can do is to unite against the exploitation of the owners. If the government cannot even accept these activities, that means those of us who desire decent work and a dignified life will pay too high a price.

I do not even want to write these words. No one at any time can impose their will on me and make me violate my principles as a man.

I want to go out of the prison cell and breathe fresh air. In any case, I cannot abandon what I believe.

For an ordinary person like me, going to jail twice is like a thunderbolt from a blue sky. Meanwhile, you are fully aware that workers’ rights and interests are infringed upon, and more and more workers are demanding pay owed to them. Many workers even lost their lives because of this.

The functional departments that lost their initiative were eager to find ways to solve problems. But the miracle did not happen. So sending us to prison is the “best way.”

Love and Pain

Long-term imprisonment has deteriorated my health. Continued treatment made me so weak. But what made me really suffer is being separated from my partner. We have never been separated, or taken a vacation alone, or lived our lives divided in two halves.

Words cannot express how much she gave me spiritually and materially. Without her, I would not be able to stand the storm—either in 2013 or 2015. Without her, I would have perished. Now, when her career is flourishing, she has to spend a lot of energy to care for and support me.

She is a rare, sincere, and optimistic person. She has to—in her own way—suffer the tragedy brought to her because of my work. She spent a lot of effort to care for those old unemployed peasant workers, helping them to be employed again. If everyone knew this, many would take her as an example and actively engage in the care of those older unemployed workers. Everyone can feel it and they all like her.

This is my private matter, and she is the woman in my private space. When I heard our private life mentioned in a media report, I could not describe how awful I felt. To outsiders, it seems only a moral issue. But for me, it is purely private. Because of this, I feel very angry.

This report is like a thorn that has taken root in my body. Any remarks about her will touch my heart and give me pain. For me, she is not only my family, girlfriend, confidant, she is also a responsibility in my personal memory.

Every second at night in prison is getting heavier. How can I make myself fall asleep? Regardless, ordinary people should have our own private space.

Trial

At the end of October 2016, I suffered tremendous pressure. My colleagues were tried and sentenced. I was dealt with separately and my trial kept being delayed. The police intentionally showed the video of my colleagues at their trial. It was a tough day for me. Suddenly I felt that I could no longer stand it. But at the same time, my insistence of adhering to my principles and the responsibility of finding the truth were on my shoulders. I felt that I could barely hold on and I was about to break down….

Now, if I could return to that moment, what would I feel? I would not feel shame, nor would I feel angry, but something else. I once again could feel the uneasiness, nervousness, and heaviness that pressed me so much I could not even lift my head.

Then came the most ridiculous day. On November 3, my trial opened and ended smoothly as previously rehearsed. Everything disgusted me and made me feel helpless. I felt humiliated. Suddenly I understood: It is not important any more how I play my role in this drama. I would be seen as a bad actor anyway.

I understand the most important point: in this event, no matter how hard I try and how strongly I carry myself through as an individual, the outcome would be the same.

Despite the disguised threats and the promises the authorities have made, I will not hesitate to help those workers if they need it, knowing very well that I may once again face the same outcome.

Whenever I sit in the dining room with other “criminals,” I always appear to have been lost in my thoughts. My heart was filled with complex feelings. Sometimes I felt a kind of loss. I had had the same feeling after the verdict. But I don’t want to believe that this feeling of loss is becoming more and more intense now.

My Future Road

Over the past few years, day in and day out, workers’ rights work has become my entire life, occupying my mind. Whenever I think of those workers who struggle for just their basic rights, those experiences will soon make my adrenaline run high. I have been for some time feeling lost because of these experiences and the pain their memories brought me.

I feel lonely, even bored. But I do not want to infect others with this emotion.

Is this the event that makes me restless? If so, how can I go on like this?

I started thinking. The first thing I thought about was that I should really get back all I had lost in these years: the ability to self-analyze and think for myself. In addition, I must be responsible for my ideas and confidence. I will also be responsible for my work and my actions. Although the road to my ideals may be tortuous and long, we have started our journey after all.

Yes, this is very important. This is also the direction of my life.

These are my “Notes from Prison”—my experiences and my feelings, my various observations, impressions and views.

I had these thoughts alone while in prison and have not told anyone how I felt. I should truthfully write down all that I have experienced and felt, and why I did this or that. Now, only one question remains: what will I be like in the future?

I feel as if I’m climbing Mount Everest. Today I am in a state where I have exhausted all my strength and energy in defending workers’ rights and interests, from beginning to end.

If I feel it necessary to further argue for myself, I would suggest: “Go and ask workers and migrant peasant workers!”

And I will continue to complete the unfinished work.

 

Third revision, written in prison, August 23, 2017.

 

Postscript

My thoughts, wrapped with the storm of yesterday, beat my heart like mind-blowing waves crashing into the shore.

The past still remains. Everything present is the continuation of history, which is a train hurtling forward with tears and blood. This huge inertia cannot change just because someone has good intentions. New impetus needs to be injected for history to change and be created. Of course we also need to have new ideas that keep up with the times.

There is no doubt that after more than three decades of reform, our country has made huge progress that impresses the world. In the process, workers and farmers have sacrificed a great deal. Now, the period during which people of all classes benefit from the reforms has been irreversibly ended. The gap between the rich and poor has widened continuously. Overall, rights and interests of the new generation of workers have often been flouted. The increasing wealth will not solve the increasingly sharp contradictions between labor and ownership. We urgently hope that law can really play its role in today’s market-oriented society. This process will be accompanied by pain. It requires both the government and people of all walks of life, as well as workers, to understand and tolerate each other. It requires common and creative wisdom—the past events prove that the workers are full of such wisdom.

Written in prison, August 28, 2017

 

[i] Reserve Fund refers to the Housing Reserve Fund, a compulsory 5 percent or more withholding by the government from an employee’s paycheck to be used for housing compensation. But in practice, the requirements for withdrawing one’s reserve fund are onerous.

 

 

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Related:

Liu Shaoming, a 1989 Veteran and a Labor Activist, Remains Imprisoned Without Sentence, China Change, May 31, 2017.

 

 

 

One response to “Notes From Prison (Part Two of Two)”

1. Notes From Prison (Part One of Two) « China Change says:

   October 11, 2017 at 10:50 pm

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