China: Press release about judicial proceedings against the Hong Kong Confederation of Trade Unions

CHINA : Judicial proceedings against the Hong Kong Confederation of Trade Unions

Geneva-Paris, July 28, 2006. The World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), in the framework of their joint programme, the Observatory for the Protection of Human Rights Defenders, express their deep concern over the judicial proceedings against the Hong Kong Confederation of Trade Unions (HKCTU), an organization affiliated to the International Confederation of Free Trade Unions (ICFTU), along with Globalisation Monitor and the Neighbourhood and Workers’ Service Centre, two other local Hong Kong labour trade unions.

According to the information received, these organisations are reportedly facing summons from the High Court for damages, following a complaint initiated by the Gold Peak Industries Holdings Limited (GP), regarding a joint postcard issued by these organisations, highlighting concerns over the cadmium poisoning and excessive exposure to cadmium of battery workers in GP factories.

Indeed, approximately 400 workers from at least two GP factories (in Xianjin and Chaoba) have been found to have excessive cadmium levels while 10 workers have already been diagnosed as having cadmium poisoning, yet only four percent of these 400 workers affected have received compensation from the GP.

The Observatory expresses its deep concern about these judicial proceedings against the HKCTU, Globalisation Monitor and Neighbourhood and Workers' Service Centre, which are in flagrant violation of their right “to offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms” as provided by Article 9c of the Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998.

As a consequence, the Observatory calls upon the Chinese authorities to guarantee the right of these organisations to a fair and independent trial, and to conform with the provisions of the above mentioned Declaration, especially its article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, article 9c) and article 12.2, providing that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”.

For more information, please contact :
FIDH: 00 33 1 43 55 25 18 - OMCT: 00 41 22 809 49 39