Prosecution of Labor Advocates Has Chilling Effect on Labor NGOs, Strikes Continue

February 22, 2017

In December 2015, Chinese authorities began an “unprecedented” crackdown on labor rights advocates, and in fall 2016, a Guangdong province court found four of the detained advocates guilty of “gathering a crowd to disturb social order.” The arrest of labor advocates affiliated with labor non-governmental organizations (NGOs) has reportedly had a chilling effect on the activities of labor NGOs, particularly activities related to collective bargaining. Scholars and rights advocates argue that worker strikes and protests will continue, and data from China Labour Bulletin suggests that there was little change between the number of worker strikes and protests before and after the December 2015 crackdown.

“Unprecedented” Detentions of Labor Rights Advocates

Authorities have long subjected Chinese labor NGOs to harassment,[1] but in December 2015, Chinese authorities began a crackdown on labor advocates that domestic and international observers described as “unprecedented” and “more serious” than previous government actions against labor NGOs.[2] Police in Guangzhou and Foshan municipalities, Guangdong, detained at least 18 labor rights advocates affiliated with several labor NGOs,[3] and authorities reportedly detained another individual in Beijing municipality.[4] On December 22, an article appearing in the state-run news agency Xinhua reported that police had taken “criminal coercive measures” against seven individuals: Zeng Feiyang, Zhu Xiaomei, He Xiaobo, Meng Han, Peng Jiayong, Deng Xiaoming, and Tang Jian.[5] All seven were current or former staff of Guangdong-based labor NGOs,[6] and three were NGO leaders.[7] As of April 8, 2016, authorities had released Zhu, He, Peng, Deng, and Tang on bail, while Zeng and Meng remained in detention.[8]

Four Labor Rights Advocates Sentenced

On September 26, 2016, the Panyu District People’s Court in Guangzhou found Zeng Feiyang,[9] Zhu Xiaomei,[10] and Tang Jian[11] guilty of “gathering a crowd to disturb social order.”[12] The court sentenced Zeng to three years’ imprisonment with a four-year suspension and sentenced Zhu and Tang both to one year and six months’ imprisonment with a two-year suspension.[13] They were reportedly released following the trial.[14] Though released, a suspended sentence means the three could be immediately imprisoned if they commit an offense within the period of the suspended sentence.[15] Former lawyers for Zeng and Zhu believed the suspended sentences would likely prevent them from continuing their labor advocacy work.[16]

On November 3, the same court found Meng Han[17] guilty of “gathering a crowd to disturb social order,”[18] sentencing him to one year and nine months’ imprisonment.[19] All four advocates reportedly admitted guilt,[20] though observers believe they did so under pressure from authorities.[21]

Chilling Effect on Labor NGOs

The detention, arrest, and prosecution of labor advocates, as well as continued pressure from authorities, has reportedly had a chilling effect on labor NGOs.  Following the detentions, Guangdong authorities reportedly threatened other labor NGO staff with arrest, and some labor NGOs shut down.[22] While other NGOs were able to continue their work,[23] some have curtailed their activities, reportedly canceling trainings and reducing programs.[24] Labor advocates in Shenzhen, Beijing, and Wuhan also reported increased scrutiny and harassment from authorities.[25] A lawyer involved in Meng Han’s case told Radio Free Asia that the case against the labor advocates was intended to stifle civil society.[26] According to Chinese and international rights advocates, government suppression of a wide range of rights advocacy groups has intensified in recent years.[27] Scholar Anita Chan warned that the PRC Law on the Management of Overseas NGOs’ Activities in Mainland China, which took effect on January 1, 2017,[28] may further hinder the work of labor NGOs in China.[29]

Authorities May Be Targeting Workers’ Right to Collective Bargaining

Some international scholars have argued that in targeting these labor advocates, Chinese authorities were signaling that labor NGOs’ work on collective bargaining is now “off limits.”[30] In recent years, some Chinese labor NGOs had shifted their focus from providing legal aid and other services to promoting collective bargaining.[31] The organization reportedly at the center of the December crackdown, Panyu Workers’ Services Center (Panyu),[32] had trained and advised workers on collective bargaining.[33] Panyu staff had worked with striking workers at the Lide shoe factory in Guangzhou to obtain compensation and social insurance payments from their employer,[34] a fact that appeared to be a main focus of Zeng, Zhu, and Tang’s trial.[35] Legal scholar Aaron Halegua noted in an October 2016 report that the December 2015 crackdown has made labor NGOs particularly reticent to continue collective bargaining work.[36]

Even prior to the crackdown, Chinese workers’ right to collective bargaining was limited in law and in practice. Chinese laws provide a legal framework for negotiating collective contracts,[37] but these laws designate the All-China Federation of Trade Unions (ACFTU) as responsible for negotiating with employers and signing collective contracts on behalf of workers.[38] The ACFTU, a “mass organization”[39] under the leadership of the Chinese Communist Party,[40]  is the only trade union permitted under Chinese law.[41] The ACFTU and its lower level branches reportedly more often represent the interests of government or enterprises than workers,[42] and at the enterprise level, union leaders are often company managers.[43] As a member of the International Labour Organization, China is obligated to respect workers’ rights to collective bargaining and to freely establish and join trade unions.[44] The right to establish and join independent trade unions is further enshrined in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.[45]

Worker Strikes and Protests Continue

Data from China Labour Bulletin suggests that in 2016 the number of worker strikes and protests was similar to that in the year leading up to the December 2015 crackdown.[46] The detention of labor NGO staff took place at the end of 2015, a year in which Chinese government officials and international observers reported a significant increase in worker strikes and protests compared to the previous year.[47] According to China Labour Bulletin data, the number of strikes and protests in 2016 was similar to that of 2015.[48] The Chinese government does not publish statistics on strikes;[49] moreover, in June 2016, authorities targeted one independent source of information on strikes and protests in China, the Wickedonna blog, detaining the blog’s administrators, Lu Yuyu and Li Tingyu.[50] As of December 2016, the two remained in detention.[51]

With workers continuing to strike across China,[52] some observers have warned that suppressing these NGOs may prove short-sighted.[53] According to labor scholar Chris Chan, by constraining organizations that have helped to mediate labor disputes, the possibility that worker confrontations grow violent may increase.[54] Article 8 of the International Covenant on Economic, Social and Cultural Rights, which China has signed and ratified, guarantees workers’ right to strike;[55] however, Chinese law does not explicitly protect workers’ right to strike.[56]

Worker Strikes and Protests, 2014–2016

Source: China Labour Bulletin as of January 2017.[57] Note that some of the observed increase or decrease in strikes may be due to better or worse reporting rather than actual changes in the numbers of strikes.[58]

 

For more information on the December 2015 crackdown, see “Guangdong Authorities Arrest Labor Rights Advocates,” Congressional-Executive Commission on China, 21 January 2016.

For more information on worker rights in China, see Section II—Worker Rights in the CECC 2016 Annual Report, pp.79–98.



[1] Michael Forsythe, “3 Labor Activists in China Get Suspended Prison Terms,” New York Times, 26 September 16 (https://www.nytimes.com/2016/09/27/world/asia/china-labor-activists-guangdong-sentenced.html); Tom Phillips, “Call for China To Free Labour Activists or Risk Backlash From Frustrated Workforce,” Guardian, 9 December 15 (https://www.theguardian.com/world/2015/dec/10/china-labour-rights-crackdown); Eli Friedman, Aaron Halegua, and Jerome A. Cohen, “Cruel Irony: China’s Communists Are Stamping Out Labor Activism,” Washington Post, 3 January 16 (https://www.washingtonpost.com/opinions/cruel-irony-chinas-communists-are-stamping-out-labor-activism/2016/01/03/99e986f2-b0bb-11e5-b820-eea4d64be2a1_story.html). For more information on past government suppression of labor NGOs, see CECC, 2012 Annual Report, 10 October 12, 59, 122 (http://www.cecc.gov/publications/annual-reports/2012-annual-report); CECC, 2015 Annual Report, 8 October 15, 85–86 (http://www.cecc.gov/publications/annual-reports/2015-annual-report).

[2] Michael Forsythe and Chris Buckley, “China Arrests at Least 3 Workers' Rights Leaders Amid Rising Unrest,” New York Times, 5 December 15 (https://www.nytimes.com/2015/12/06/world/asia/china-arrests-at-least-3-workers-rights-leaders-amid-rising-unrest.html); Tom Phillips, “Call for China To Free Labour Activists or Risk Backlash From Frustrated Workforce,” Guardian, 9 December 15 (https://www.theguardian.com/world/2015/dec/10/china-labour-rights-crackdown); Eli Friedman, Aaron Halegua, and Jerome A. Cohen, “Cruel Irony: China’s Communists Are Stamping Out Labor Activism,” Washington Post, 3 January 16 (https://www.washingtonpost.com/opinions/cruel-irony-chinas-communists-are-stamping-out-labor-activism/2016/01/03/99e986f2-b0bb-11e5-b820-eea4d64be2a1_story.html). For more information on government suppression of labor NGOs in previous years, see CECC, 2012 Annual Report, 10 October 12, 59, 122 (http://www.cecc.gov/publications/annual-reports/2012-annual-report); CECC, 2015 Annual Report, 8 October 15, 85–86 (http://www.cecc.gov/publications/annual-reports/2015-annual-report).

[3] Rights Defense Network, “Detained Guangdong Labor NGO Member Zhu Xiaomei Applies for Bail Because Child Still Nursing, Application Rejected, Currently Five NGO Members Criminally Detained, Two Forcibly Disappeared (Introduction to 7 Detained NGO Members Attached)” [Guangdong bei zhua laogong NGO chengyuan zhu xiaomei yin haizi reng zai buru qi shenqing qubao bei ju muqian gong wu ming NGO chengyuan zao xingju, liang wei zao qiangpo shizong (fu 7 wei bei zhua NGO chengyuan jianjie)], 15 December 15 (http://wqw2010.blogspot.com/2015/12/ngo-ngo-7ngo.html); Tom Phillips, “Call for China To Free Labour Activists or Risk Backlash From Frustrated Workforce,” Guardian, 9 December 15 (https://www.theguardian.com/world/2015/dec/10/china-labour-rights-crackdown); Yaxue Cao, “Chinese Authorities Orchestrate Surprise Raid of Labor NGOs in Guangdong, Arresting Leaders,” China Change, 10 December 15 (https://chinachange.org/2015/12/10/chinese-authorities-orchestrate-surprise-raid-of-labor-ngos-in-guangdong-arresting-leaders/). See also “Guangdong Authorities Arrest Labor Rights Advocates,” Congressional-Executive Commission on China, 21 January 16 (http://www.cecc.gov/publications/commission-analysis/guangdong-authorities-arrest-labor-rights-advocates).

[4] Rights Defense Network, “Detained Guangdong Labor NGO Member Zhu Xiaomei Applies for Bail Because Child Still Nursing, Application Rejected, Currently Five NGO Members Criminally Detained, Two Forcibly Disappeared (Introduction to 7 Detained NGO Members Attached)” [Guangdong bei zhua laogong NGO chengyuan zhu xiaomei yin haizi reng zai buru qi shenqing qubao bei ju muqian gong wu ming NGO chengyuan zao xingju, liang wei zao qiangpo shizong (fu 7 wei bei zhua NGO chengyuan jianjie)], 15 December 15 (http://wqw2010.blogspot.com/2015/12/ngo-ngo-7ngo.html). For more information on Tang Jian, see the Commission’s Political Prisoner Database record 2016-00017 (http://ppdcecc.gov/QueryResultsDetail.aspx?PrisonerNum=11168).

[5] Zou Wei, “Behind the Halo of the ‘Star of the Labor Movement’—‘Panyu Workers’ Services Center’ Manager Zeng Feiyang and Others Investigated as Suspects in Serious Crimes” [Jiekai “gong yun zhi xing” guanghuan de beihou—“panyu dagongzu wenshu chuli fuwu bu” zhuren zeng feiyang deng ren shexian yanzhong fanzui anjian diaocha], Xinhua, 22 December 15 (http://news.xinhuanet.com/politics/2015-12/22/c_1117546098.htm). Tang Jian is also referred to as Tang Huanxing. Rights Defense Network, “Labor Public Interest Volunteers: 12/3 Labor NGO Case Lawyers and Legal Assistance Teams Formed” [Laogong gongyi zhiyuanzhe: 12.3 laogong NGO an daili lushi ji falu yuanzhu tuan zucheng], 22 December 15 (http://wqw2010.blogspot.com/2015/12/123ngo.html). For more information on the seven labor advocates and their cases, see the following records in the Commission’s Political Prisoner Database: 2015-00427 on Zeng Feiyang (http://ppdcecc.gov/QueryResultsDetail.aspx?PrisonerNum=11090); 2015-00428 on Zhu Xiaomei (http://ppdcecc.gov/QueryResultsDetail.aspx?PrisonerNum=11091); 2015-00431 on He Xiaobo (http://ppdcecc.gov/QueryResultsDetail.aspx?PrisonerNum=11094); 2014-00026 on Meng Han (http://ppdcecc.gov/QueryResultsDetail.aspx?PrisonerNum=10172); 2015-00437 on Peng Jiayong (http://ppdcecc.gov/QueryResultsDetail.aspx?PrisonerNum=11100); 2015-00435 on Deng Xiaoming (http://ppdcecc.gov/QueryResultsDetail.aspx?PrisonerNum=11098); and 2016-00017 on Tang Jian (also known as Tang Huanxing) (http://ppdcecc.gov/QueryResultsDetail.aspx?PrisonerNum=11168).

[6] Rights Defense Network, “‘12/3 Guangzhou Labor NGO Case’ Arrests Approved for Four Individuals, One Released, Whereabouts of Two Unknown” [“12.3 guangzhou laogong NGO an” jin si ren bei pizhun daibu, yi ren huoshi, liang ren wu xialuo], 8 January 16 (http://wqw2010.blogspot.com/2016/01/123.html); Red Balloon Solidarity, “Sunday Topic: They Promoted the Rights and Interests of Migrants, but Spent Migrants’ Day in a Detention Center” [Zhouri huati: tamen wei yimingong shenzhang quanyi yiminri que zai kanshousuo duguo], Ming Pao, 19 December 15 (http://news.mingpao.com/pns/dailynews/web_tc/article/20151220/s00005/1450547687924).

[7] Zeng Feiyang was the director of the Panyu Workers’ Services Center, He Xiaobo was the founder and director of the Nan Fei Yan Social Work Service Center, and Peng Jiayong was the founder and director of the Laborer Mutual Aid Group. Rights Defense Network, “Detained Guangdong Labor NGO Member Zhu Xiaomei Applies for Bail Because Child Still Nursing, Application Rejected, Currently Five NGO Members Criminally Detained, Two Forcibly Disappeared (Introduction to 7 Detained NGO Members Attached)” [Guangdong bei zhua laogong NGO chengyuan zhu xiaomei yin haizi reng zai buru qi shenqing qubao bei ju muqian gong wu ming NGO chengyuan zao xingju, liang wei zao qiangpo shizong (fu 7 wei bei zhua NGO chengyuan jianjie)], 15 December 15 (http://wqw2010.blogspot.com/2015/12/ngo-ngo-7ngo.html); Red Balloon Solidarity, “Sunday Topic: They Promoted the Rights and Interests of Migrants, but Spent Migrant’s Day in a Detention Center” [Zhouri huati: tamen wei yimingong shenzhang quanyi yimin ri que zai kanshousuo duguo], Ming Pao, 19 December 15 (http://news.mingpao.com/pns/dailynews/web_tc/article/20151220/s00005/1450547687924); “Organization Introduction” [Jigou jianjie], Nan Fei Yan Social Work Service Center, last visited 11 January 16 (www.nfyngo.org/subpages/info/aboutus.aspx); Yaxue Cao, “Chinese Authorities Orchestrate Surprise Raid of Labor NGOs in Guangdong, Arresting Leaders,” China Change, 10 December 15 (https://chinachange.org/2015/12/10/chinese-authorities-orchestrate-surprise-raid-of-labor-ngos-in-guangdong-arresting-leaders/). For additional information on Panyu Workers’ Services Center, see Zhen Jinghui, “Zeng Feiyang: A Labor NGO’s Fight for Survival” [Zeng feiyang: yi ge laogong NGO de jiafeng shengcun], South Reviews, 27 March 10 (http://history.sina.com.cn/bk/ggkfs/2013-12-05/141576015.shtml).

[8] International Labour Office, Complaint Against the Government of China Presented by the International Trade Union Confederation (ITUC), Case No. 3184, in Reports of the Committee on Freedom of Association: 380th Report of the Committee on Freedom of Association, GB.328/INS/14, 23 November–10 December 16, paras. 223–4 (http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_534575.pdf); China Labour Bulletin, “Labour Activist He Xiaobo Released on Bail After Four Months in Detention,” 8 April 16. By releasing these individuals on bail (qubao houshen or “guarantee pending further investigation”), authorities may continue to restrict their freedom of movement, summon them for further questioning, and monitor them for up to 12 months. For a description of bail (qubao houshen), also translated as “guarantee pending further investigation” under Chinese legal provisions, see Human Rights in China, “HRIC Law Note: Five Detained Women Released on ‘Guarantee Pending Further Investigation,’” 13 April 15 (http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_534575.pdf). For relevant Chinese legal provisions, see PRC Criminal Procedure Law [Zhonghua renmin gongheguo xingshi susong fa], passed 1 July 79, amended 17 March 96, 14 March 12, effective 1 January 13, arts. 65–72, 77 (http://www.cecc.gov/resources/legal-provisions/criminal-procedure-law-of-the-peoples-republic-of-china); Ministry of Public Security, Public Security Procedural Provisions on Handling Criminal Cases [Gong’an jiguan banli xingshi anjian chengxu guiding], issued 13 December 12, effective 1 January 13, arts. 77, 85, 86, 89 (http://www.mps.gov.cn/n2254314/n2254409/n2254443/n2254452/c3708286/content.html).

[9] For more information on Zeng Feiyang, see the Commission’s Political Prisoner Database record 2015-00427 (http://ppdcecc.gov/QueryResultsDetail.aspx?PrisonerNum=11090).

[10] For more information on Zhu Xiaomei, see the Commission’s Political Prisoner Database record 2015-00428 (http://ppdcecc.gov/QueryResultsDetail.aspx?PrisonerNum=11091).

[11] For more information on Tang Jian, see the Commission’s Political Prisoner Database record 2016-00017 (http://ppdcecc.gov/QueryResultsDetail.aspx?PrisonerNum=11168).

[12] “Zeng Feiyang, Tang Huanxing, and Zhu Xiaomei Sentenced at First Instance Trial for Gathering a Crowd to Disturb Social Order, Three Defendants Admit Guilt, Express Remorse” [Zeng feiyang tang huanxing zhu xiaomei juzhong raoluan shehui zhixu an yi shen dangting xuanpan san beigao biaoshi renzui huizui], Xinhua, 26 September 16 (http://news.xinhuanet.com/legal/2016-09/26/c_1119627490.htm); PRC Criminal Law [Zhonghua renmin gongheguo xingfa], passed 1 July 79, amended 14 March 97, effective 1 October 97, amended 25 December 99, 31 August 01, 29 December 01, 28 December 02, 28 February 05, 29 June 06, 28 February 09, 25 February 11, 29 August 15, effective 1 November 15, art. 290 (http://www.cecc.gov/resources/legal-provisions/criminal-law-of-the-peoples-republic-of-china-2015).

[13] “Zeng Feiyang, Tang Huanxing, and Zhu Xiaomei Sentenced at First Instance Trial for Gathering a Crowd to Disturb Social Order, Three Defendants Admit Guilt, Express Remorse” [Zeng feiyang tang huanxing zhu xiaomei juzhong raoluan shehui zhixu an yi shen dangting xuanpan san beigao biaoshi renzui huizui], Xinhua, 26 September 16 (http://news.xinhuanet.com/legal/2016-09/26/c_1119627490.htm); Michael Forsythe, “3 Labor Activists in China Get Suspended Prison Terms,” New York Times, 26 September 16 (https://www.nytimes.com/2016/09/27/world/asia/china-labor-activists-guangdong-sentenced.html).

[14] “Zeng Feiyang One of 3 Labor Figures Released With Suspended Sentences” [Zeng feiyang deng 3 laogong renshi bei pan huanxing huoshi], Radio Free Asia, 26 September 16 (http://www.rfa.org/cantonese/news/trail-09262016080335.html).

[15] Chun Han Wong, “Chinese Labor Activists Handed Suspended Sentences,” Wall Street Journal, 26 September 16 (www.wsj.com/articles/chinese-labor-activists-handed-suspended-sentences-1474913153); Venus Wu and James Pomfret, “Prominent Southern China Labor Activist Avoids Jail,” Reuters, 26 September 16 (http://www.reuters.com/article/us-china-labour-idUSKCN11W1DS); Shawn Shieh, “Guangzhou Labor Activists Are Given Suspended Sentences,” NGOs in China (blog), 14 October 16 (http://ngochina.blogspot.com/2016/10/guangzhou-labor-activists-are-given.html); PRC Criminal Law [Zhonghua renmin gongheguo xingfa], passed 1 July 79, amended 14 March 97, effective 1 October 97, amended 25 December 99, 31 August 01, 29 December 01, 28 December 02, 28 February 05, 29 June 06, 28 February 09, 25 February 11, 29 August 15, effective 1 November 15, arts. 75–7 (http://www.cecc.gov/resources/legal-provisions/criminal-law-of-the-peoples-republic-of-china-2015).

[16] Venus Wu and James Pomfret, “Prominent Southern China Labor Activist Avoids Jail,” Reuters, 26 September 16 (http://www.reuters.com/article/us-china-labour-idUSKCN11W1DS); Michael Forsythe, “3 Labor Activists in China Get Suspended Prison Terms,” New York Times, 26 September 16 (https://www.nytimes.com/2016/09/27/world/asia/china-labor-activists-guangdong-sentenced.html).

[17] For more information on Meng Han, see the Commission’s Political Prisoner Database record 2014-00026 (http://ppdcecc.gov/QueryResultsDetail.aspx?PrisonerNum=10172).

[18] PRC Criminal Law [Zhonghua renmin gongheguo xingfa], passed 1 July 79, amended 14 March 97, effective 1 October 97, amended 25 December 99, 31 August 01, 29 December 01, 28 December 02, 28 February 05, 29 June 06, 28 February 09, 25 February 11, 29 August 15, effective 1 November 15, art. 290 (http://www.cecc.gov/resources/legal-provisions/criminal-law-of-the-peoples-republic-of-china-2015).

[19] “Guangdong Labor Rights Defender Meng Han Found Guilty of Gathering a Crowd To Disturb Social Order, Sentenced to 21 Months in Prison” [Guangdong laogong weiquan renshi meng han juzhong raoluan shehui zhixu zuicheng, pan jian 21 ge yue], Initium Media, 4 November 16 (https://theinitium.com/article/20161104-dailynews-menghan/); Catherine Lai, “Guangdong Labour Activist Meng Han Sentenced to 1 Year, 9 Months,” Hong Kong Free Press, 3 November 16 (https://www.hongkongfp.com/2016/11/03/guangdong-labour-activist-meng-han-sentenced-1-year-9-months/).

[20] “Zeng Feiyang, Tang Huanxing, and Zhu Xiaomei Sentenced at First Instance Trial for Gathering a Crowd to Disturb Social Order, Three Defendants Admit Guilt, Express Remorse” [Zeng feiyang tang huanxing zhu xiaomei juzhong raoluan shehui zhixu an yi shen dangting xuanpan san beigao biaoshi renzui huizui], Xinhua, 26 September 16 (http://news.xinhuanet.com/legal/2016-09/26/c_1119627490.htm); “Labor Rights Defender Meng Han Receives One Year and Nine Month Sentence” [Laogong weiquan renshi meng han huo xing yi nian jiu ge yue], Radio Free Asia, 3 November 16 (www.rfa.org/mandarin/yataibaodao/renquanfazhi/yf2-11032016103511.html).

[21] Mimi Lau, “Guangdong Rights Activists Get ‘Lighter Than Expected’ Sentences as Defiant Detainee’s Fate Hangs in the Balance,” South China Morning Post, 27 September 16 (http://www.scmp.com/news/china/policies-politics/article/2022717/guangdong-labour-rights-activists-get-suspended); “China Sentences Guangdong Labour Activists for ‘Disturbing Social Order,’” Agence France-Presse, reprinted in Hong Kong Free Press, 27 September 16 (https://www.hongkongfp.com/2016/09/27/china-sentences-guangdong-labour-activists-disturbing-social-order/); “Labor Rights Defender Meng Han Receives One Year and Nine Month Sentence” [Laogong weiquan renshi meng han huo xing yi nian jiu ge yue], Radio Free Asia, 3 November 16 (www.rfa.org/mandarin/yataibaodao/renquanfazhi/yf2-11032016103511.html).

[22] Geoffrey Crothall, “Refusing To Honor Labor Rights Backfires on China,” New York Times, 12 May 16 (https://www.nytimes.com/2016/05/13/opinion/refusing-to-honor-labor-rights-backfires-on-china.html); “Activists See Bleak Future for China's NGOs Amid Ongoing Crackdown,” Radio Free Asia, 22 January 16 (http://www.rfa.org/english/news/china/bleak-01222016113105.html).

[23] China Labour Bulletin, “Official Union Catches Up With Labour NGO in Collective Bargaining Case,” 4 January 17 (http://www.clb.org.hk/content/official-union-catches-labour-ngo-collective-bargaining-case); Nan Fei Yan Social Work Service Center (Nan Fei Yan She Gong Zhongxin), Weibo post, 31 October 16, 10:33 p.m. (http://weibo.com/2623382441/Efqyb7RZw?from=page_1005052623382441_profile&wvr=6&mod=weibotime&type=comment#_rnd1478115722289).

[24] Aaron Halegua, “Who Will Represent China’s Workers? Lawyers, Legal Aid, and the Enforcement of Labor Rights,” New York University School of Law, U.S.-Asia Law Institute, October 2016, 36–7 (https://static1.squarespace.com/static/53960c86e4b010f46523d1fc/t/57f1cedd9de4bb8a69b0cfbd/1475464926633/Halegua,+Who+Will+Represent+China's+Workers%3F+(2016).pdf); Dexter Roberts, “Beijing Wants One Union To Rule Them All,” Bloomberg, 10 November 16 (www.bloomberg.com/news/articles/2016-11-10/beijing-wants-one-union-to-rule-them-all).

[25] Aaron Halegua, “Who Will Represent China’s Workers? Lawyers, Legal Aid, and the Enforcement of Labor Rights,” New York University School of Law, U.S.-Asia Law Institute, October 2016, 36 (https://static1.squarespace.com/static/53960c86e4b010f46523d1fc/t/57f1cedd9de4bb8a69b0cfbd/1475464926633/Halegua,+Who+Will+Represent+China's+Workers%3F+(2016).pdf); Dexter Roberts, “Beijing Wants One Union To Rule Them All,” Bloomberg, 10 November 16 (www.bloomberg.com/news/articles/2016-11-10/beijing-wants-one-union-to-rule-them-all); Ke Zhen (BeAuthentic), “Beijing Pi Village Migrant Workers’ Home Being Forced To Move” [Beijing pi cun gongyou zhi jia bei bi qian], WeChat post, 19 December 16 (http://mp.weixin.qq.com/s?__biz=MzIzNTUyNDk0NA==&mid=2247484007&idx=1&sn=59c53642cb7966b5aa5464cb8811fd06&chksm=e8e48458df930d4e8d5850bda28c536722f4743ca4a5ca4d3988d82e798d7c79cb8f56d26d30&mpshare=1&scene=1&srcid=1219j5HK1DXRkxgJ15YUyick#rd).

[26] “Trial Early Next Month for Guangdong Labor Rights Advocate Meng Han’s Case, Same Month Yuan Xiaohua To Be Released” [Yue laogong weiquan renshi meng han an xia yue chu kaiting yuan xiaohua jiang yu tong yue huoshi], Radio Free Asia, 20 October 16 (www.rfa.org/mandarin/yataibaodao/renquanfazhi/xl2-10202016090634.html).

[27] Yaqiu Wang, “Amid Crackdown, China’s Dissidents Fight To Keep the Spirit of Tiananmen Alive,” World Politics Review, 7 June 16 (http://www.worldpoliticsreview.com/articles/18998/amid-crackdown-china-s-dissidents-fight-to-keep-the-spirit-of-tiananmen-alive); “Activists See Bleak Future for China's NGOs Amid Ongoing Crackdown,” Radio Free Asia, 22 January 16 (http://www.rfa.org/english/news/china/bleak-01222016113105.html); Yaxue Cao, “Chinese Authorities Orchestrate Surprise Raid of Labor NGOs in Guangdong, Arresting Leaders,” China Change, 10 December 15 (https://chinachange.org/2015/12/10/chinese-authorities-orchestrate-surprise-raid-of-labor-ngos-in-guangdong-arresting-leaders/). For more information on the diminishing space for civil society in China, CECC, 2016 Annual Report, 6 October 16, 223–234 (http://www.cecc.gov/sites/chinacommission.house.gov/files/2016%20Annual%20Report.pdf). See also, e.g., Tom Mitchell, “Xi’s China: Smothering Dissent,” Financial Times, 27 July 16 (https://www.ft.com/content/ccd94b46-4db5-11e6-88c5-db83e98a590a); Chinese Human Rights Defenders, “UN Member States: Vote ‘No’ and End China’s Membership on UN Human Rights Council,” 25 October 16 (https://www.nchrd.org/2016/10/un-member-states-vote-no-and-end-chinas-membership-on-un-human-rights-council/); Human Rights in China, “The China Challenge to International Human Rights: What’s at Stake?” November 2016 (http://www.hrichina.org/sites/default/files/hric_upr_mid-term_assessment_11.06.2016.pdf).

[28] PRC Law on the Management of Overseas Non-Governmental Organizations’ Activities in Mainland China [Zhonghua renmin gongheguo jingwai feizhengfu zuzhi jingnei huodong guanli fa], passed 28 April 16, effective 1 January 17 (http://news.xinhuanet.com/politics/2016-04/29/c_1118765888.htm).

[29] Renato Marques, “Analysis: Labor-Related NGOs in China Facing Hard Times,” Macau Daily Times, 16 January 17 (http://macaudailytimes.com.mo/analysis-labor-related-ngos-china-facing-hard-times.html). For more information on the PRC Law on the Management of Overseas Non-Governmental Organizations, see CECC, 2016 Annual Report, 6 October 16, 226–27 (http://www.cecc.gov/sites/chinacommission.house.gov/files/2016%20Annual%20Report.pdf).

[30] Chun Han Wong, “Chinese Labor Activists Handed Suspended Sentences,” Wall Street Journal, 26 September 16 (www.wsj.com/articles/chinese-labor-activists-handed-suspended-sentences-1474913153); Tim Pringle, “What Do Labour NGOs in China Do?” University of Nottingham, China Policy Institute: Analysis (blog), 17 October 16 (https://cpianalysis.org/2016/10/17/what-do-labour-ngos-in-china-do/); Aaron Halegua, “Who Will Represent China’s Workers? Lawyers, Legal Aid, and the Enforcement of Labor Rights,” New York University School of Law, U.S.-Asia Law Institute, October 2016, 2, 43 (https://static1.squarespace.com/static/53960c86e4b010f46523d1fc/t/57f1cedd9de4bb8a69b0cfbd/1475464926633/Halegua,+Who+Will+Represent+China's+Workers%3F+(2016).pdf); Ivan Franceschini, “Revisiting Chinese Labour NGOs: Some Grounds for Hope?” Made in China, Issue 1 (January–March 2016), 19 (http://www.chinoiresie.info/PDF/madeinchina-2016_ISSUE1.pdf).

[31] Tim Pringle, “What Do Labour NGOs in China Do?” University of Nottingham, China Policy Institute: Analysis (blog), 17 October 16 (https://cpianalysis.org/2016/10/17/what-do-labour-ngos-in-china-do/); Aaron Halegua, “Who Will Represent China’s Workers? Lawyers, Legal Aid, and the Enforcement of Labor Rights,” New York University School of Law, U.S.-Asia Law Institute, October 2016, 38 (https://static1.squarespace.com/static/53960c86e4b010f46523d1fc/t/57f1cedd9de4bb8a69b0cfbd/1475464926633/Halegua,+Who+Will+Represent+China's+Workers%3F+(2016).pdf); Ivan Franceschini, “Revisiting Chinese Labour NGOs: Some Grounds for Hope?” Made in China, Issue 1 (January–March 2016), 18–9 (http://www.chinoiresie.info/PDF/madeinchina-2016_ISSUE1.pdf); Jude Howell, “Shall We Dance? Welfarist Incorporation and the Politics of State-Labour NGO Relations,” China Quarterly, Vol. 223 (September 2015), 712.

[32] “Four Detained Labor Rights Defenders Arrested, Two Out on Bail, Attack Aimed at Panyu Workers’ Services Center” [Bei zhua lao wei renshi si pibu liang qubao maotou zhi zhi panyu dagongzu], Radio Free Asia, 10 January 16 (www.rfa.org/mandarin/yataibaodao/renquanfazhi/yf2-01102016104802.html); Zou Wei, “Behind the Halo of the ‘Star of the Labor Movement’—‘Panyu Workers’ Services Center’ Manager Zeng Feiyang and Others Investigated as Suspects in Serious Crimes” [Jiekai “gong yun zhi xing” guanghuan de beihou—“panyu dagongzu wenshu chuli fuwu bu” zhuren zeng feiyang deng ren shexian yanzhong fanzui anjian diaocha,” Xinhua, 22 December 15 (http://news.xinhuanet.com/politics/2015-12/22/c_1117546098.htm).

[33] Chun Han Wong, “Chinese Labor Activists Handed Suspended Sentences,” Wall Street Journal, 26 September 16 (www.wsj.com/articles/chinese-labor-activists-handed-suspended-sentences-1474913153); China Labour Bulletin, “Labour Activist Meng Han Goes to Trial Amidst Intimidation and Blatant Procedural Violations,” 24 October 16 (http://www.clb.org.hk/content/labour-activist-meng-han-goes-trial-amidst-intimidation-and-blatant-procedural-violations).

[34] “3 Guangdong Labor Rights Advocates Convicted for Gathering  Crowd To Disturb Social Order” [Guangdong 3 ming laogong weiquan renshi bei pan juzhong raoluan shehui zhixu zuicheng], Initium Media, 27 September 16 (https://theinitium.com/article/20160927-dailynews-china-workersright/#); China Labour Bulletin, “Labour Activist Meng Han Goes to Trial Amidst Intimidation and Blatant Procedural Violations,” 24 October 16 (http://www.clb.org.hk/content/labour-activist-meng-han-goes-trial-amidst-intimidation-and-blatant-procedural-violations); China Labour Bulletin, “The Lide Shoe Factory Workers’ Campaign for Relocation Compensation,” 22 June 15 (http://www.clb.org.hk/en/content/trying-hit-moving-target-lide-shoe-factory-workers%C3%A2%E2%82%AC%E2%84%A2-campaign-relocation-compensation).

[35] China Labor Watch, “CLW Statement on Arrest of Four Labor Activists,” 9 January 16 (http://www.chinalaborwatch.org/newscast/498); “3 Guangdong Labor Rights Advocates Convicted for Gathering  Crowd To Disturb Social Order” [Guangdong 3 ming laogong weiquan renshi bei pan juzhong raoluan shehui zhixu zuicheng], Initium Media, 27 September 16 (https://theinitium.com/article/20160927-dailynews-china-workersright/#); Shawn Shieh, “Guangzhou Labor Activists Are Given Suspended Sentences,” NGOs in China (blog), 14 October 16 (http://ngochina.blogspot.com/2016/10/guangzhou-labor-activists-are-given.html); “Zeng Feiyang, Tang Huanxing, and Zhu Xiaomei Sentenced at First Instance Trial for Gathering a Crowd to Disturb Social Order, Three Defendants Admit Guilt, Express Remorse” [Zeng feiyang tang huanxing zhu xiaomei juzhong raoluan shehui zhixu an yi shen dangting xuanpan san beigao biaoshi renzui huizui], Xinhua, 26 September 16 (http://news.xinhuanet.com/legal/2016-09/26/c_1119627490.htm).

[36] Aaron Halegua, “Who Will Represent China’s Workers? Lawyers, Legal Aid, and the Enforcement of Labor Rights,” New York University School of Law, U.S.-Asia Law Institute, October 2016, 2 (https://static1.squarespace.com/static/53960c86e4b010f46523d1fc/t/57f1cedd9de4bb8a69b0cfbd/1475464926633/Halegua,+Who+Will+Represent+China's+Workers%3F+(2016).pdf).

[37] PRC Labor Law [Zhonghua renmin gongheguo laodong fa], passed 5 July 94, effective 1 January 95, chap. 3, arts. 16-35 (http://www.cecc.gov/resources/legal-provisions/labor-law-of-the-peoples-republic-of-china); PRC Labor Contract Law [Zhonghua renmin gongheguo laodong hetong fa], passed 29 June 07, amended 28 December 12, effective 1 July 13, chap. 5, sec. 1, arts. 51–56 (http://www.cecc.gov/resources/legal-provisions/labor-contract-law-of-the-peoples-republic-of-china-0); PRC Trade Union Law [Zhonghua renmin gongheguo gonghui fa], passed and effective 3 April 92, amended 27 October 01, arts. 6, 20 (http://www.cecc.gov/resources/legal-provisions/trade-union-law-of-the-peoples-republic-of-china-amended).

[38] PRC Labor Law [Zhonghua renmin gongheguo laodong fa], passed 5 July 94, effective 1 January 95, art. 33 (http://www.cecc.gov/resources/legal-provisions/labor-law-of-the-peoples-republic-of-china); PRC Labor Contract Law [Zhonghua renmin gongheguo laodong hetong fa], passed 29 June 07, amended 28 December 12, effective 1 July 13, arts. 6, 51, 56 (http://www.cecc.gov/resources/legal-provisions/labor-contract-law-of-the-peoples-republic-of-china-0); PRC Trade Union Law [Zhonghua renmin gongheguo gonghui fa], passed and effective 3 April 92, amended 27 October 01, arts. 6, 20 (http://www.cecc.gov/resources/legal-provisions/trade-union-law-of-the-peoples-republic-of-china-amended).

[39] Embassy of the People’s Republic of China in the Federal Democratic Republic of Nepal, “Major Mass Organizations,” 27 October 04 (http://np.china-embassy.org/eng/ChinaABC/zz/t167464.htm); Anthony J. Spires, “Contingent Symbiosis and Civil Society in an Authoritarian State: Understanding the Survival of China’s Grassroots NGOs,” American Journal of Sociology, Vol. 117, No. 1 (July 2011), 9; Karla Simon, Civil Society in China: The Legal Framework from Ancient Times to the “New Reform Era” (New York: Oxford University Press, 2013), 167–174. “Mass organizations” are organizations under the Chinese Communist Party such as the All-China Women’s Federation, Communist Youth League of China, and All-China Federation of Industry and Commerce. The Chinese embassy in Nepal described these organizations as “a bridge linking the CPC [Communist Party of China] and government with the people.” According to scholar Anthony J. Spires, in practice “mass organizations” have functioned as “one-way conduits for instructions from the top to the bottom.”

[40] Constitution of the Chinese Trade Unions [Zhongguo gonghui zhangcheng], issued 22 October 13, General Principles (http://www.acftu.net/template/10041/file.jsp?cid=69&aid=81124).

[41] PRC Trade Union Law [Zhonghua renmin gongheguo gonghui fa], passed and effective 3 April 92, amended 27 October 01, arts. 9–11, 56 (http://www.cecc.gov/resources/legal-provisions/trade-union-law-of-the-peoples-republic-of-china-amended); “‘They Tore Through Everything’: Labour Activists Increasingly Targeted in Civil Rights Crackdown in China, Say Supporters,” Agence France-Presse, reprinted in South China Morning Post, 15 January 16 (http://www.scmp.com/news/china/policies-politics/article/1901327/they-tore-through-everything-labour-activists); Zhang Yu, “Chinese Activists Struggle To Establish Independent Trade Unions,” Global Times, 2 December 15 (http://www.globaltimes.cn/content/956164.shtml). See also UN Committee on Economic, Social and Cultural Rights, Concluding Observations on the Second Periodic Report of China, including Hong Kong, China and Macao, China, Adopted at its 40th Meeting (23 May 2014), E/C.12/CHN/CO/2, 13 June 14, para. 23 (http://www.refworld.org/docid/53c77e524.html).

[42] “Chinese Workers at Walmart Campaign for Higher Wages, Union Elections,” Radio Free Asia, 11 November 15 (http://www.rfa.org/english/news/china/china-walmart-11112015123157.html); Shawn Shieh, “The Fight Against Inequality: Martin Luther King and China’s Labor Activists,” NGOs in China (blog), 29 February 16 (http://ngochina.blogspot.hk/2016/02/the-fight-against-inequality-martin.html); Anita Chan, “The Chinese Trade Union Federation at the Crossroads—Relaxing Control Over Labour or Risking Labour Instability?” in China at the Crossroads: What the Third Plenum Means for China, New Zealand and the World, ed. Peter Harris (Wellington: Victoria University Press, 2015), 68.

[43] Tim Pringle, “What Do Labour NGOs in China Do?” University of Nottingham, China Policy Institute: Analysis (blog), 17 October 16 (https://cpianalysis.org/2016/10/17/what-do-labour-ngos-in-china-do/); “‘They Tore Through Everything’: Labour Activists Increasingly Targeted in Civil Rights Crackdown in China, Say Supporters,” Agence France-Presse, reprinted in South China Morning Post, 15 January 16 (http://www.scmp.com/news/china/policies-politics/article/1901327/they-tore-through-everything-labour-activists).

[44] International Labour Organization, ILO Convention (No. 87) Concerning Freedom of Association and Protection of the Right To Organise, 4 July 50, arts. 2, 3, 5 (http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT_ID:312232); International Labour Organization, ILO Declaration on Fundamental Principles and Rights at Work and Its Follow-Up, 18 June 98, art. 2(a) (http://www.ilo.org/declaration/thedeclaration/textdeclaration/lang--en/index.htm). Article 2 of the ILO Declaration on Fundamental Principles and Rights at Work states that “all Members, even if they have not ratified the Conventions in question, have an obligation arising from the very fact of membership in the Organization to respect, to promote and to realize, in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which are the subject of those Conventions, namely: (a) freedom of association and the effective recognition of the right to collective bargaining. . ..” International Labour Organization, “China,” NORMLEX Information System on International Labour Standards, last visited 14 March 16 (http://www.ilo.org/dyn/normlex/en/f?p=1000:11110:0::NO:11110:P11110_COUNTRY_ID:103404). China became a member of the ILO in 1919.

[45] Universal Declaration of Human Rights, adopted and proclaimed by UN General Assembly resolution 217A (III) of 10 December 48, art. 23(4) (http://www.un.org/en/universal-declaration-human-rights/index.html); International Covenant on Civil and Political Rights (ICCPR), adopted by UN General Assembly resolution 2200A (XXI) of 16 December 66, entry into force 23 March 76, art. 22(1) (http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx); United Nations Treaty Collection, Chapter IV, Human Rights, International Covenant on Civil and Political Rights, last visited 7 February 17 (https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&clang=_en). China has signed but not ratified the ICCPR. International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted by UN General Assembly resolution 2200A (XXI) of 16 December 66, entry into force 3 January 76, art. 8.1 (http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx); United Nations Treaty Collection, Chapter IV, Human Rights, International Covenant on Economic, Social and Cultural Rights, last visited 7 February 17 (https://treaties.un.org/doc/publication/mtdsg/volume%20i/chapter%20iv/iv-3.en.pdf). China has signed and ratified the ICESCR. See also UN General Assembly, Report of the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, Maina Kiai, A/71/385, 14 September 16, paras. 3, 16–7, 50, 54–5, 57 (http://freeassembly.net/wp-content/uploads/2016/10/A.71.385_E.pdf).

[46] China Labour Bulletin, “CLB Strike Map,” last visited 6 December 16 (http://maps.clb.org.hk/strikes/en#).

[47] See, e.g., “Ministry of Human Resources and Social Security: Guarantee Migrant Workers’ Wages Before the Spring Festival, Maliciously Withholding Wages Will Bring Consequences” [Renshe bu: chunjie qian baozhang nongmingong gongzi zhifu eyi qian xin jiang la hei], People’s Daily, 21 November 15 (http://finance.people.com.cn/n/2015/1121/c1004-27839815.html); China Labour Bulletin, “Strikes and Protests by China’s Workers Soar to Record Heights in 2015,” 7 January 16 (http://www.clb.org.hk/en/content/strikes-and-protests-china%E2%80%99s-workers-soar-record-heights-2015); Pete Sweeney, “China’s Labour Law Under Fire as Restructuring Threatens Jobs,” Reuters, 12 March 16 (http://uk.reuters.com/article/uk-china-economy-labour-idUKKCN0WD19W).

[48] China Labour Bulletin, “CLB Strike Map,” last visited 25 January 17 (http://maps.clb.org.hk/strikes/en#).

[49] China Labour Bulletin, “An Introduction to China Labour Bulletin’s Strike Map,” 29 March 16 (www.clb.org.hk/content/introduction-china-labour-bulletin%E2%80%99s-strike-map).

[50] Committee to Protect Journalists, “Two Chinese Journalists Detained for ‘Picking Quarrels and Provoking Trouble,’” 28 June 16 (https://cpj.org/2016/06/two-chinese-journalists-detained-for-picking-quarr.php); Oiwan Lam, Global Voices Advocacy, “Founder of Protest Reporting Outlet Goes Missing in China,” 23 June 16 (https://globalvoices.org/2016/06/23/founder-of-protest-reporting-outlet-goes-missing-in-china/); Human Rights Campaign in China, “Lu Yuyu, Founder of ‘Not the News’ Site Documenting Civil Society Rights Defense Incidents, and Li Tingyu Arrests on Suspicion of Picking Quarrels and Provoking Trouble Approved by Dali Procuratorate” [Jilu minjian weiquan shijian “fei xinwen” chuangbanren lu yuyu ji li tingyu liang ren bei dali jianchayuan yi shexian xunxin zishi zui pizhun daibu], 22 July 16 (http://www.hrcchina.org/2016/07/blog-post_60.html). In June 2016, authorities in the Dali Bai Autonomous Prefecture, Yunnan province, detained Lu Yuyu and Li Tingyu, the citizen journalists who ran the Wickedonna blog, formally arresting them in July. For more information, see the Commission’s Political Prisoner Database records 2016-00177 on Lu Yuyu (http://ppdcecc.gov/QueryResultsDetail.aspx?PrisonerNum=11333) and 2016-00190 on Li Tingyu (http://ppdcecc.gov/QueryResultsDetail.aspx?PrisonerNum=11346). The Wickedonna blog can be found at newsworthknowingcn.blogspot.com. For more information about Lu Yuyu and Li Tingyu’s efforts documenting protests in China, see Wu Qiang, “What Do Lu Yuyu’s Statistics of Protest Tell Us About the Chinese Society Today?” China Change, 6 July 16 (https://chinachange.org/2016/07/06/the-man-who-keeps-tally-of-protests-in-china/); Yaqiu Wang, “Meet China’s Protest Archivist,” Foreign Policy, Tea Leaf Nation (blog), 3 April 14 (http://foreignpolicy.com/2014/04/03/meet-chinas-protest-archivist/).

[51] Independent Chinese PEN Center, “PEN International’s Open Letter: Time for China To Release Writers, Journalists, and Activists,” 10 December 16 (http://www.chinesepen.org/english/pen-internationals-open-letter-time-for-china-to-release-writers-journalists-and-activists#more-7856).

[52] China Labour Bulletin, “CLB Strike Map,” last visited 6 December 16 (http://maps.clb.org.hk/strikes/en#).

[53] Echo Hui, “Throwing Labor Activists in Jail Won’t Solve China’s Structural Problems,” Quartz, 14 November 16 (https://qz.com/827623/throwing-labor-activists-like-meng-han-in-jail-wont-solve-chinas-structural-problems/); Venus Wu and James Pomfret, “Prominent Southern China Labor Activist Avoids Jail,” Reuters, 26 September 16 (http://www.reuters.com/article/us-china-labour-idUSKCN11W1DS); China Labour Bulletin, “Labour Activist Meng Han Goes to Trial Amidst Intimidation and Blatant Procedural Violations,” 24 October 16 (http://www.clb.org.hk/content/labour-activist-meng-han-goes-trial-amidst-intimidation-and-blatant-procedural-violations).

[54] Echo Hui, “Throwing Labor Activists in Jail Won’t Solve China’s Structural Problems,” Quartz, 14 November 16 (https://qz.com/827623/throwing-labor-activists-like-meng-han-in-jail-wont-solve-chinas-structural-problems/).

[55] International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted by UN General Assembly resolution 2200A (XXI) of 16 December 66, entry into force 3 January 76, art. 8.1(d) (http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx); United Nations Treaty Collection, Chapter IV, Human Rights, International Covenant on Economic, Social and Cultural Rights, last visited 11 March 16 (https://treaties.un.org/doc/publication/mtdsg/volume%20i/chapter%20iv/iv-3.en.pdf). China has signed and ratified the ICESCR. See also UN General Assembly, Report of the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, Maina Kiai, A/71/385, 14 September 16, 54, 56 (http://freeassembly.net/wp-content/uploads/2016/10/A.71.385_E.pdf).

[56] Cherie Chan, “Labor Rights Movements Gaining Momentum in China,” Deutsche Welle, 5 January 16 (http://www.dw.com/en/labor-rights-movements-gaining-momentum-in-china/a-18959557); International Trade Union Confederation, “The 2015 ITUC Global Rights Index,” 10 June 15, 72 (http://www.ituc-csi.org/IMG/pdf/survey_global_rights_index_2015_en.pdf).

[57] China Labour Bulletin, “CLB Strike Map,” last visited 25 January 17 (http://maps.clb.org.hk/strikes/en#).

[58] China Labour Bulletin, “An Introduction to China Labour Bulletin’s Strike Map,” 29 March 16 (www.clb.org.hk/content/introduction-china-labour-bulletin%E2%80%99s-strike-map); China Labour Bulletin, “Strikes and Protests by China’s Workers Soar to Record Heights in 2015,” 7 January 16 (http://www.clb.org.hk/en/content/strikes-and-protests-china%E2%80%99s-workers-soar-record-heights-2015).