A 2016 New Year's Message from China's Labor Rights Defenders

Below I repost the Chinese original and the English translation of an important and eloquent New Year's Message from some of China's labor rights defenders at a time when those defenders are coming under a fierce, high-level attack that has resulted in dozens of labor activists monitored, interrogated and detained. To date, the seven activists mentioned below are still in detention and have not been allowed to see their lawyers. An earlier draft of this translation was posted on China Change. Here I post the final version of that translation.

In a Vast and Frozen Land, Spring Arrives in All Its Glorious Color: A 2016 New Year's Message from China's Labor Rights Defenders

Dear Fellow Workers and Compatriots: Happy New Year!

Towards the end of 2015, China’s labor rights defenders experienced an unprecedented attack. A group of activists who have dedicated years to defending the rights and interests of workers were detained, monitored and interrogated by the police. It could have been a moment for fear and paranoia to set in. But labor activists and people from other walks of life responded quickly by drafting a petition to the Communist Party Central Committee, National People's Congress and State Council. The petition described in no uncertain terms the severe and widespread violations of workers' rights and interests over the last few decades, and the inevitable emergence of independent labor NGOs and worker centers and their valuable contribution to the protection of labor rights and social justice, and demanded the release of the detained activists. In less than two weeks, over 490 people added their names to this petition, and over 60 Chinese lawyers joined a legal aid team. This response was followed by petitions, appeals and demonstrations by over 200 organizations and thousands of individuals from the international labor and academic community in over 40 countries condemning the crackdown and expressing support for the arrested labor activists. Their calls however fell on the deaf ears of Chinese authorities. The detained activists have to this date still not been allowed to meet with their lawyers. In addition, the Communist Party's propaganda apparatus - the New China News Agency, People's Daily and China Central Television (CCTV) - launched a smear campaign against these activists, in particular Zeng Feiyang (曾飞洋), essentially sentencing them without a trial in the court of public opinion. Feiyang's wife and child have been intimidated, and Zhu Xiaomei (朱小梅) has been separated from her baby daughter who was breastfeeding when she was detained. The families of the other detained activists - He Xiaobo (何晓波), Meng Han (孟晗), Peng Jiayong (彭家勇), Deng Xiaoming (邓小明) - are all sick with fear, and the whereabouts of another former worker-turned-collective bargaining specialist, Chen Huihai (陈辉海), is still unclear. Their treatment reflects a callous approach to the rule of law and legal and procedural fairness in criminal proceedings.

Fellow Workers and Compatriots, if the rights and interests of workers who make up the large majority of China's population cannot be protected, if workers are increasingly deprived of their economic, political, cultural and social rights, if the contradictions between officials and citizens, workers and capital, rich and poor, continue to worsen, then what is the  prospect of everyone living in a free, equal, fair, democratic, law-based society where "socialism is the core value"? It is doubtful that even our most basic survival and security can be assured in such a society! It follows then that defending and fighting for workers' rights and interests is not only essential for workers, but also to the stability, security, fairness and well-being of society as a whole. Labor rights activism is not a crime! Labor rights organizations have not committed any crime! Labor rights activists have not committed any crime! Not only are they are not guilty of any crime, they have also made great contributions to our society, state and nation. They are the underlying force behind a labor movement that has emerged in waves since 2010. They are why people from all walks of society are increasingly paying attention to, and supporting, the labor movement.

China’s 30 years of rapid economic growth is coming to an end, and its demographic and environmental dividend have been exhausted. At the same time, the social and historical contradictions hidden by economic growth are now becoming apparent. Government, businesses and workers face the dual burden of an economic recession and social instability, with workers bearing the greatest share: they gain the least in times of economic growth, and inevitably lose the most in the downturns. Not only are they the first to lose their jobs and become destitute, but as soon as they protest they are suppressed by the “stability maintenance” authorities.

How is it that the working class is destined to continually bear the costs of economic growth and recession? Why should the powerful classes reap the profits when the economy grows and let others take the hit while they do nothing in times of recession? In early 2015, some of China’s labor activists proposed a “New Deal for Workers” to the government, suggesting a reform of the system of wealth distribution, and the establishment of universal social insurance. Another option would be to boost domestic demand, but this would require government and businesses to give a bigger piece of the pie to workers and society. This type of policy helped the United States make it through the economic crisis of the 1930s, but do Chinese leaders have that kind of heart and will?

Fellow Workers and Compatriots, it is true that we wait on the government to appraise the situation and put forward the correct policy, but we also know that freedom, equality, justice, security and happiness are things that we cannot wait for; they can only be obtained by fighting for them. If we fight we may lose, but if we do not fight we gain nothing. In this new year, labor activism may face an even more severe threat. But we are convinced that the labor movement will follow its inherent tendency to progress from its infancy to a more mature form. The rights to organize, to engage in collective bargaining, and to strike, and workers’ economic, political, cultural and social rights, will all be achieved step by step.

"Strong grows the grass on plains rich with blood, across a vast and frozen land, spring arrives in all its glorious color." We labor rights defenders offer these lines of poetry as our New Year message and our outlook for 2016.

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寒凝大地发春华：中国劳工界2016年元旦献词 

亲爱的劳工兄弟姐妹和全国同胞：新年好！

        在2015年岁末雾锁神州、寒凝大地之际，劳工界遭遇前所未有的严厉打击，一批长年致力于维护劳工权益的公益人士被刑拘、监控和传唤，一时间风声鹤唳、草木皆兵！但劳工界和社会各界部分人士很快作出反应，发布致中共中央、全国人大、国务院意见书，痛陈数十年来劳工权益被严重和普遍侵犯的事实，阐释劳工NGO产生和发展的必然性和必要性，评估其工作对维护劳工权益和社会公平正义的价值和贡献，要求释放被捕劳工维权人士。短短十多天间，有490余人参与联署，60多名律师参加法律援助团。国际劳工界和学术界随之响应，超过40个国家的200多个团体和数千个人，以联署、请愿、游行等方式，表达其对此一打压行为的抗议和对被捕劳工维权人士的声援。然而，傲慢的权力置若罔闻，被捕者至今不得律师会见，新华社、人民日报、中央电视台还对他们加以污名抹黑、未审先判，曾飞洋的妻儿被吓病了，朱小梅还在哺乳期的女婴被饿瘦了，何晓波、孟晗、彭家勇、邓小明的家人无不处在忧心如焚的恐惧之中，而另一名工人出身的劳资集体谈判专家陈辉海，则依然处在莫名其妙的失联状况。依法治国、罪刑法定和程序公正，就这样碎成了一地鸡毛！  

劳工兄弟姐妹们、同胞们，如果占我国人口绝大多数的劳动者的基本权益得不到保障，如果对劳动者的经济、政治、文化和社会权利的剥夺日趋深重，如果官民对立、劳资对立、贵贱分化、贫富分化愈演愈烈，我们能指望大家生活在一个“社会主义核心价值观”所昭示的自由、平等、公正、民主、法治的社会环境中吗？岂止不能，恐怕连最起码的生存与安全也得不到保障！可见，维护和争取劳工权益，不仅对底层劳动者来说是天经地义的，对整个社会的稳定、安全、公平与福祉，也是须臾不可或缺的！劳工维权无罪！劳工维权机构无罪！劳工维权人士无罪！岂止无罪，其对整个社会、国家和民族的存在和发展，还建立了莫大的功勋！筑底线于土崩，挽狂澜于既倒，舍我劳工其谁焉？这就是为什么2010年以来劳工运动此起彼伏、前仆后继的深层原因，这也是为什么社会各界对劳工运动越来越关注和支持的根本原因。

中国经济持续三十多年的高速增长已经后继乏力，人口和环境“红利”将近耗尽，与此同时，经济增长掩盖下的社会矛盾和历史欠账逐一浮出水面，政府、企业和劳工面临着经济衰退和社会维稳的双重压力，而劳工承担其中最大的份量：在经济增长过程中他们所得最少，而在经济下行过程中必定所失最多，不仅要首先遭受失业和绝对贫困化的生存危机，而且一旦抗争，又会招来维稳体制的重压。

但是，难道劳工阶级就命中注定要无休无止地承受经济发展或衰退的所有代价和成本吗？凭什么有权有势的阶级在经济上升时获取暴利而在经济下行时做甩手掌柜呢？2015年初劳工界向政府建言以分配制度改革和建立覆盖全民的社会保障为核心的“劳工新政”，或许可以提振内需，但这需要政府和企业从既得利益中吐出一块来返还劳工和社会。这种做法曾经帮助美国渡过了20世纪30年代的经济大危机，中国的肉食者有没有这样的良知和担当呢？

  劳工兄弟姐妹们、同胞们，我们固然期待国家审时度势做出正确的决策，但我们也深知，自由、平等、公正、安全、幸福是等不来的，只能奋勇争取才会获得；争取或有所失，不争取必无所得。在新的一年里，劳工维权也许会面临更严峻的形势，但我们也坚信，劳工运动将会沿着其固有的趋势从低级阶段走向中级阶段和高级阶段。劳工的团结组织权、集体谈判权和罢工权，劳工的经济、政治、文化和社会权利，必将一步一步得到实现。

     雪沃中原肥劲草，寒凝大地发春华。就让这句诗成为劳工界的元旦献词和新年展望吧！