[Congressional Record Volume 140, Number 7 (Wednesday, February 2, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: February 2, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
SLAVE LABOR IN CHINA
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Virginia [Mr. Wolf] is recognized for 60 minutes.
Mr. WOLF. Mr. Speaker, the issue that I would like to speak about is
the issue of slave labor in China.
As a beginning, let me say that Congressman Smith and I, several
years ago, visited China, and we visited Beijing Prison No. 1, which is
a prison camp operated by slave labor. There are many people from
Tiananmen Square that are in this prison camp making goods and socks
and shoes for the export to the United States.
Now, we found inadvertently the Chinese were running these camps, and
I think the American people should know that much of the goods coming
into the United States are made by slave labor.
So tonight I want to talk a little bit about that.
The Chinese denied it. But I would like to submit into the
Congressional Record a Library of Congress documentation that the
Chinese did not tell the truth.
In fact, it is clear to say that the Chinese Government has been
caught in a lie.
But we found these men who had been arrested for human rights in
Tiananmen Square in prison.
Now, we hear a lot about prison and slave labor, and there is a big
issue about whether the United States will grant a most-favored-nation
status to China.
President Clinton has said that he will not renew MFN unless the
Chinese live under certain conditions, the prohibition of slave labor,
stop the persecution of those in the church, and do a number of other
things.
Well, we get so tied up in the words of human rights. What does
``human rights'' mean? So I would like to bring to the attention of my
colleagues a report by the International Society of Human Rights.
Sometimes when people talk about human rights, they think we are
talking about the right to vote or the right to move around or the
right to speech.
I am talking about basic, fundamental human rights and in some cases
torture.
Forced labour was first instituted throughout China after
the Communists took power in 1949, although it was practised
even earlier in territory under their control. The system was
based on the Soviet Union's forced labour codes drawn up in
1933, with the emphasis on work as a means of re-education.
Thus the slogan chosen by the Chinese state to sum up the
forced labour philosophy was laodong gaizao (labour
transforms.)
In practice, there is often very little difference in the
conditions experienced by prisoners in different categories
and indeed, several different categories may share the same
camp. All Re-education Through Labour prisoners are victims
of a significant violation of their human rights--they have
been sent to prison without trial by local party officials.
Local communist parties in China have the power to send
anyone in their area to prison for up to three years if they
so chose purely by making an administrative decision--the
sentence can subsequently be extended indefinitely.
Forced Job Placement prisoners are also victims of an
iniquitous system. These are prisoners who have completed
their jail terms in full, but must continue to carry out
forced labour as though they were still serving a sentence.
They are usually paid a wage, but this is invariably less
than half the amount they could expect to receive if they
were not confined in the jiuye system. In all other respects,
they experience the same camp regime as any other prisoner.
Estimates as to the number of camps currently in existence
vary--the actual number is a state secret of the PRC. Some
put the figure as high as 5500. ISHR estimates that at least
3000 laogaidui camps are currently in operation, based on
Chinese Government statistics. A big camp such as Beijing
Qinghe Farm may have as many as 80000 inmates, others only a
few hundred.
The number of prisoners in the laogaidui excluding jiuye
prisoners is at least 10 million and probably near 15
million. These include `counter-revolutionaries', class
dissidents, anti-party/anti-socialist thinkers, historical
revisionists, and, of course, victims of the crackdown which
followed the Tiananmen Square massacre in 1989. Estimates of
the number of people caught up in the jiuye system range from
8 million to 10 million.
{time} 1830
Let me read to you from this report about life in the camps. It says,
``Life in the camps is governed by five regulations. One, ablebodied
prisoners must undergo forced labour.'' Then it goes on to say what
those different things are.
Then it says, ``To show prison officials that they are truly
reformed, prisoners are expected to inform on each other,'' the old
Communist system whereby you inform on the next person. ``The system
dictates that they must devise false accusations if they can find
nothing else to report.'' Those who do not inform are regarded as
rebels and are punished accordingly by the use of torture.
A typical day in this prison camp has been described by a former Tang
Bouquao, who was imprisoned in 1989 for his part in the student
democracy movement. He said that they would begin with the singing of
three songs by all the prisoners. ``Without the Communist Party, there
would be no new China.'' ``Socialism is good,'' and, ``Learn from the
good example of Lei Fang.'' Then there would follow three questions
with answers to be shouted by the prisoners: ``Who are you?'' And the
prisoners would shout, ``Criminals.'' ``Where are you?'' Then the
prisoners would shout back, ``In prison.'' Then, ``Why are you here?''
Then the prisoners would shout back, ``To inform ourselves through
labor.''
They went on to say there was a strict regime for prisoners for whom
solitary confinement is not sufficient punishment. Their prisoners are
forced to sit--so when you hear the term ``slave labor'' and ``human
rights'' out of the Clinton administration, out of Republicans and
Democrats in Congress, this is what we are really talking about. We are
trying to put a real face on the problem.
``Prisoners are forced to sit motionless for 10 hours every day on a
tiny stool just 6 inches high which is, in turn, on a raised platform
about 14 inches square. The ordeal is agonizing. Prisoners must look
straight at the wall in front and both hands are kept in the lap. Any
movement is punished by blows administered by the guard with an iron
rod.''
Now listen to this: ``Beatings with sticks and electric prods are
another universal form of punishment in the prison camps. All camp
guards carry a large battery-powered truncheon capable of giving a
50,000-volt electric shock. When used on prisoners, this causes severe
pain and temporary paralysis.''
During torture, these batons are applied to the most sensitive parts
of the body, such as the nipples or the genitals. This is known as what
they call an ``electro-curing therapy.'' The prisoner ``is ordered to
kneel down and face the wall,'' says the prisoner describing the
practice in the Changsha prison, where he was imprisoned in 1989 and
1990. Once the prisoner is in the state of terror, the guard begins to
poke him in the neck with a live baton. This makes him scream in pain
and turn around involuntarily, begging the guard for mercy. As a
result, he then suffers severe shocks to his face, making him whip his
head around again and again. Then the guard administers further shocks
to his ears. This is repeated until the victim collapses or passes out.
So, when we hear of the MFN, are we going to give the Chinese MFN,
are we going to give them that right? We are then talking about the
punishment, brutal, barbaric punishment of innocent peasants who have
been arrested in China and tortured for missing quotas.
Let me go on to tell you and read another paragraph. Liu Gang, a
student activist arrested for his part in the 1989 democracy movement,
was detained at the Lingyuan, a prison camp No. 1 labor reform
detachment. Here he has to do at least 10 hours' work every day for the
week; punishment for missing a quota: to be beaten with fists, batons,
and leather belts. He has been chained in leg irons.
Every time he hears somebody in the Congress or in the administration
say, ``Wait a minute, there has been reform in China, they are making
progress,'' think of this young man who has been tortured in the way
that he has been. Punishment for missing quotas: Leather belts, chained
in leg irons, receives death threats from guards. He spent 8 months of
the last 18 in solitary confinement.
I saw Undersecretary Rubin testify the other day, saying he would
like to see us continue MFN. I would say to Mr. Rubin, when you talk
about continuing MFN, you are talking about continuing to punish this
young man who is in prison.
They go on to say that another common form of torture is to restrain
prisoners for long periods in positions which give rise to excruciating
pain.
For example, Harry Wu has a new book out which you can find in any
bookstore. Harry has been in prison for 19 years. He was tortured
tremendously. He has since escaped from China and is committed to doing
away with these slave labor camps. What does Harry Wu say? He said that
while he was at the Tuanne prison camp, guards tied prisoners up by
their thumbs and hung them up by the rafters. Is Mr. Rubin, the deputy
secretary of the Department of the Treasury, listening to this?
Harry Wu said, ``Hanging by your thumbs.'' I would like to say that I
have heard Mr. Rubin talk about this issue. Mr. Rubin should learn from
Secretary Bentsen, because I believe Secretary Bentsen has a good
statement out on slave labor and understands the problem. He says they
would hang by their thumbs. He says guards have tied prisoners up in
handcuffs, leg irons which are used, as well as a shackle board, which
is a wooden plank to which prisoners are strapped using manacles
attached to each corner.
The ultimate sanction in the camp is death. There have been a lot of
people killed in these camps. Again, keep in mind, in these camps we
found the Chinese using Tiananmen Square demonstrators, making socks,
socks that, unfortunately, many here in America wear, making them for
export to the United States. People who had demonstrated for their
human rights.
It says guards are able to kill prisoners out of hand without fear of
action being taken against them. Many camps where work is carried on
out in the open, four red flags are set out to mark the areas in which
prisoners must work. Any prisoner straying beyond the bounds of these
flags will be shot on the spot.
Has anyone here seen ``Schindler's List''? ``Schindler's List'' is
one of the most popular movies today. This is ``Schindler's List''
taking place today in China.
For those who talk about MFN, I say until the Chinese recognize and
stop the slave labor and the export of goods by slave labor, there
should be no MFN.
I take President Clinton at his word. In fact, the other night I was
sitting right over here and President Clinton said he was going to be
tough on the issue of slave labor. I got up and gave the President a
standing ovation, saying. ``Right on, Mr. President; hold on to what
you said.''
I could go on and on and talk about the prison labor punishment, but
I think you get the point.
Mr. Speaker, I yield to the gentleman from California.
Mr. HUNTER. I thank the gentleman for yielding.
Mr. Speaker, I really appreciate the fact that the gentleman from
Virginia, Mr. Wolf, and one or two other Members have really explored
this area. I remember the gentleman coming back from a tour in China.
He and the gentleman from New Jersey, Mr. Smith, asked to see some of
the kids who had demonstrated at Tiananmen Square, and they were told
by the guards that, ``They are not here right now.'' ``What do you
mean, they are not here?'' And he said, ``They are next door in the
textile factory working to make textiles that will be sold to Americans
in places like Sears' and Kmart and presumably other places where we
sell fabrics and clothes made by those folks around the world.
We are obviously not upgrading their standard of living by allowing
the Chinese rulers to export slave labor-made products, which is what
they are doing, and yet they have, I think, a $19 billion trade surplus
with America. For every one of those slaves they are using to make
fabrics and clothes, we have Americans in this country who do not have
jobs, who have lost their jobs in the textile factories.
Mr. WOLF. The gentleman is exactly right. That is the other point. I
am glade the gentleman raised it, because I was not going to raise it
tonight. These slave labor people are competing with people from
Buffalo and Toledo and through California and Akron and all the places
around the country in the textile mills in the South and are putting
our people out of business.
How can we compete with somebody who is paying nothing to a slave
laborer who is being tortured working 10 hours a day, 7 days a week. It
is really displacing and ruining American jobs. We are in competition
with slave labor. It is a disgrace and I commend the AFL-CIO because
they have been one of the champions against giving MFN to China because
of what they are doing with slave labor.
Let me cover another point. In America, we prize the freedom of
worship. We are a diverse Nation, from different backgrounds and
different religions. But freedom of religion is very, very important.
Several weeks ago, I had asked for a visa to go to China. The Chinese
would not give me a visa. They will give a visa to any Member of
Congress who wants to go for trade, who wants to continue MFN. But
Congressman Chris Smith and I were not granted a visa until the last
moment, until it was too late for me to go.
Congressman Smith went. And Congressman Smith and his delegation met
with some different people. They met with a Bishop Su, 62 years old
Bishop Su was arrested after he finished meeting with Chris Smith and
giving holy communion to those in the delegation. After the delegation,
Congressman Smith left China. While Secretary Bentsen was in China, the
Chinese arrested the bishop and put him in jail.
Bishop Su was picked up by the security police on January 20. He had
not been returned for a number of days. Fortunately, last week Bishop
Su, because of the pressure, and I take my hat off to Congressman Smith
and Amnesty International and Pueblo and other groups, he was released.
Some of the other people picked up were not released. Let me tell you
something about the bishop.
Bishop Su has already served 15 years in prison. Once he was beaten
so hard with a board that it was left in splinters. His captors then
beat him with a board from the door frame. Another time he was enclosed
and forced to stand in a room the size of a closet filled with water up
to his thighs. He suffered hearing loss because of being beaten around
the head. During his last prison term, from 1989 to 1992 or 1993, he
was in prison labor where he had to haul boulders in a wheelbarrow. One
of them rolled on him and crushed his ankle, ribs, and head. Then he
recovered and had to go back to work.
When you are talking about MFN, we cannot lose any business, we have
got to work with the Chinese, they are making progress, think about
Bishop Su. Who is thinking about him? Are the rich lobbyists in
Washington who represent the Chinese interests thinking about him? No
way. No way. And many Members in Congress want to see MFN continued.
Are they thinking of Bishop Su? Are they thinking of Harry Wu? The
answer is no.
Let me tell you about a couple other people that they met with. A
Protestant sister, and there are Catholic priests, Catholic bishops,
Protestant ministers, and Buddhist monks, those of the Hindu and Moslem
faith, have been persecuted and tortured. All religions in China have
been tortured.
Religious persecution in the laogaidui is particularly severe in
Tibet, since Tibetan Buddhism is closely associated with opposition to
Chinese rule. There are thousands of prisoners of conscience including
many Buddhist monks and nuns, who are subject to continuing brutality
if they refuse to renounce their beliefs. The regime in Tibetan camps
is exceptionally harsh and new techniques of punishment and torture are
tested out in Tibet before being introduced elsewhere.
Palden Gyatso is a monk who has spent 24 years in the laogaidui for
refusing to accept the Chinese occupation of Tibet. Imprisoned in
Tibet's Drapchi camp, he was frequently beaten with electric batons. On
one occasion in 1987, an electric cattle-prod was forced down his
throat when he refused to declare that Tibet would never be an
independent nation again. He passed out from the pain and was unable to
eat or drink for a long time afterwards.
Tashi Dolma spent 18 months imprisoned without trial in Tibet after
being found with a political leaflet and a recording of the Dalai Lama.
She was kicked, punched, and beaten with electric batons during
interrogation sessions. While in Tibet's Gutsa prison her diet was so
poor that all her hair fell out and she was forced to stand barefoot in
cells awash with freezing water. In common with a number of others, she
was forced to give blood.
Working conditions are also more difficult than elsewhere--the high
altitudes and rarefied air in many parts of Tibet make it particularly
difficult for prisoners to struggle through long hours of labor.
However, the large number of prisoners in Tibet and the lack of
development in the region means that there is no productive work for
many--up to 100,000 prisoners may now be warehoused on the Tibetan
plateau.
The reason I am doing this unpleasant special order is because I was
tired. People would say, you know, human rights, I think we can work on
them. We can move the Chinese along a little bit. They are making some
progress. They can demonstrate once in a while.
I am not talking about the right to vote. I am talking about the
right to live and not be tortured.
These individuals from southern China, several women, shared with us
about two prison sentences she endured over 15 months, one for 45 days
and the second for 110 days. During one term in jail, about 120 people
had gathered for worship with a foreign evangelist. They were arrested
for meeting illegally and having contact with foreigners. She and her
husband were both beaten. She was held upside down by her feet. This
must be a great Chinese torture tactic. Upside down by her feet and
beaten with electrical wire. Some prisoners, and listen to this, some
prisoners were forced to lie on the floor in the position of Christ on
the cross. Yet these prisoners were extremely joyful. They said they
were praying for those who persecuted them. They said because of their
afflictions, we love the souls of China more.
I might say that these individuals in China are of no threat to the
Chinese Government. They are not seeking to change the Chinese
Government. They are not seeking to bring about overthrow or anything
like that. They merely want to worship God, whether they be Buddhists,
whether they be Moslems, whether they be Catholic, or Protestant, or
whatever. They simply want to worship God as they see fit.
In March, Lai Manping was tortured to death. I think I might end on
this, as reported by Christian Solidarity International. Let me just
tell you a little bit about it.
China's notorious Public Security Bureau, equivalent to the Russian
KGB, raided a house of 31 believers who had gathered for prayer on the
evening of March 27 in the village of Taoyuan, Shaanxi Province. Five
of the Christians, three men and two women, all in their twenties, were
singled out. They were handcuffed, stripped naked, and beaten
unmercifully with truncheons. I hope they haven't gotten these
truncheons from the West on an exchange. The officers demanded each of
those in attendance, listen to this, take turns beating the three young
men one hundred times. Those who refused to take part in the beatings
were than beaten.
The young men, covered with blood, gaping wounds, were suspended
above the floor as the officers continued to beat them on their backs
until they were unconscious and barely breathing. A 12-year-old boy was
among those brutally beaten, with blood pouring from his head. The boy
was then lifted into the air and hurled onto the heads of the horrified
crowd of those who were worshipping.
Two women were beaten and raped in front of other believers. All five
were than confined for 8 days to a small room without food, water, or
the opportunity to relieve themselves. The PSB officers, fearing that
one of the young men, Lai Manping, 22, might die, released him. Half
walking and half crawling, Lai tried to reach his home, but was too
weak to make it. Local villagers found him and carried him to a nearby
desert farmhouse, where shortly thereafter he died from internal
bleeding.
Within days the PSB arrested more than 90 Christians in the area who
were aware of the incident, in an effort to deflect worldwide
attention.
Let the word go forth that the Chinese Government, the more they do
this, the more worldwide attention they will get. One believer managed
to contact a CIA source in Hong Kong, and all but two of the detained
Christians have been released, but only after paying heavy, heavy
fines. The Chinese Government denies the incident.
In the last few years, several bishops have died while in detention,
or what they call ``old people's homes,'' with families discovering
bruises and signs of torture on their body. New arrests are taking
place as we now meet.
Mr. HUNTER. Every time my friend comes to the floor with the type of
report he has just given us, I thank God that this gentleman is a
Member of the U.S. House of Representatives. Because this is
Washington, DC, the city of the business deal, where almost all of our
American values with respect to our relations with other nations are
talked about in the currency of business.
Are we going to recognize North Vietnam? Perhaps this week the
embargo will be lifted by President Clinton. That is being couched in
terms of how much business will be afforded multinational companies,
including American-based companies.
Does Red China buy products from the United States, some high-
technology products? Would we like to send more to them? Yes. Can we
modify the present restrictions against critical military materiel.
Should we? That is the debate that takes place in Washington, DC,
always couched in terms of economics, and always advocated by lobbyists
and representatives of multinational corporations who talk about the
importance of receiving money and economic benefits as a result of our
relationships with these countries.
{time} 1850
This gentleman, Mr. Wolf of Virginia, has talked about another
currency. It is a currency of humanity. It is a currency of decent
treatment for people, of allowing them to worship without being
oppressed, of allowing them to travel, of allowing them to do the
things that the kids at Tiananmen Square did which demonstrate against
a very repressive regime and find themselves making shirts for Sears.
The gentleman has brought, I think, he awakens in this Congress,
every time he talks, a renewal and a realization of what we should be
all about. We should be about the idea of not just spreading American
dollars around the world and receiving dollars and other currencies in
trade in turn for the products that we send to these countries but also
sending American ideals around the world.
I would say that with respect to Communist China, either we have not
sent enough ideals or they have not been receptive enough of American
ideals to justify the benefits that we are conferring upon them. The
situation that he is talking about, with the young people being
tortured to death because they want to worship in privacy and in peace
and in freedom, and young people being maintained basically as slaves,
because they dared to challenge a repressive regime, then I think the
Clinton administration has a pretty threadbare case to make to us but
there is a reason for MFN status for Red China.
I am aware of the big global politics that are involved. The national
security ramifications, Americans are worried because Red China has
nuclear capability. Perhaps they have a desire to ascend to the place
that has been recently vacated by the former Union of Soviet Socialist
Republics.
They have taken some aggressive action in the South China Sea, and we
are worried about their guns. We are worried about their military
might. But if Americans abandon their ideals to a little temporary
feeling of security, then we will be the worse off. And we are better
off, once again, because of the gentleman from Virginia [Mr. Wolf]. I
thank him for giving this report tonight.
Mr. WOLF. Mr. Speaker, I thank the gentleman for his comments. I
wanted to do this early in the session, because I wanted Members,
although the chamber is empty, there are a few Members here, hopefully,
Members will read this, and I will send this to the administration, but
the body ought to know, the Membership ought to know that this is not
cheap grace, that a vote on MFN, if it comes up, and quite frankly,
there has been so little progress. If the Clinton administration keeps
its word, they may not even send it up.
But this is not a cheap grace vote. This is a serious vote, because
what we are doing is, we are voting to either punish or condemn or
support and stand with people like this.
We have had similar cases. As the gentleman knows, the Congress very
proudly, several years ago, working with Congressman Smith and
Congressman Tony Hall, we took away MFN from Ceausescu. Ceausescu was a
brutal dictatorship. People said, if you take it away, it is going to
hurt people. If I would go to Romania, the Romanian people would say,
take it away, take it away.
We took MFN. We did not give MFN to the Soviet Union, because we
allowed those who wanted to emigrate to Israel and places like that. We
stood with those who were being persecuted.
I, for one, do not want 20 years from now my kids to say, Dad, this
debate was going on and what did you do.
I want people to know there are lives involved. So it is not a free
vote.
In closing, my last two comments, I hope that the Chinese change. I
believe anyone has the ability to change. I believe that the Chinese
have the ability to change in the next 6 months.
We all know, from the Biblical story of Paul, who had the conversion
on the road to Damascus, they may very well change. I want them to
change. I want to give MFN to China.
I want to see them release these political prisoners, those who have
hepatitis and who are dying to be with their families. I want them to
allow the families to leave the country. I want them to allow these
bishops and ministers and Buddhist monks and those of the Muslim faith
to be released and worship.
I have never spoken to a Chinese person, and they are good people,
they are really kind, good, decent people, who have never said anything
negative about their Government. I have been with them, those who have
been persecuted, where they said, can we have a word of prayer to pray
for the leadership and pray for the Government. They are no threat.
They are no threat.
If the Chinese stop exporting goods made by slave labor and close
these slave labor camps down, we then can give them MFN. We can have a
good relationship.
But if we do not do it, I, for one, do not want it on my conscience
that because of powerful law firms or some company or somebody else
came by, and you know what, the people, Duncan Hunter, who represent
the businesses can hire the best law firms on K Street, But these
people who are in prison, these Catholic bishops have no lobbyist in
Washington, DC. The Catholic priests have nobody to come and lobby for
them.
The ministers, the Buddhists, the Muslims, they have nobody to lobby
for them.
I will tell you that when we took MFN away from the Romanians, the
word went forth on Radio Free Europe. And they found that the U.S.
Congress, the American people's body, stood with them.
We have got to make sure that we stand with these people. I would say
to my Chinese friends, in the spirit of reconciliation, change, allow
these people out of prison, allow those to worship in their faith,
close down the slave labor camps.
All over the world, people who would prefer not to buy products
derived from torture in labor camps are being sold Chinese goods in
complete ignorance as to their possible origins. Even where laws exist
and are enforced, the odds are stacked in favor of forced labor goods
getting through.
This is because in both the United Kingdom and the United States
products are regarded as clean until they can be proved beyond all
possible doubt to have been created in the laogaidui. Yet the PRC has
put in place a system which is expressly them in secrecy.
Each camp has two names to enable it to export without revealing that
it is a prison. The number and location of camps is a state secret.
Camp produce can be collectivised with produce from elsewhere and sold
on by state trading companies at provincial level with no indication as
to its true origin. Products may be made using cheap electricity
generated from coal mined in forced labor mines, or using metals
extracted and processed by prisoners. Plastics and many other raw
materials are made in camps and used in manufacturing elsewhere.
I will be the one to say that I think you ought to get MFN. If you do
not do it, then, quite frankly, I think, one, the Clinton
administration is bound to keep their word and not grant it. And quite
frankly, it should not even come up to this body, because when we vote,
we are not voting on just some right to vote. We are voting on these
individuals who have been persecuted, tortured and who, at this very
moment, as Members of the body may be watching this, at this very
moment people are probably being tortured and punished and up to their
thighs in this in the slave labor camps.
I have been in one. There are only two Members of Congress that have
ever been in one, Congressman Smith and myself. It was probably a
mistake that they let me in. But I thank the Good Lord that I got in.
I have seen it with my own eyes. It is not a pleasant place to be. We
want to make sure that ends.
So with that and in deference to the gentleman from Texas, who has
been so patient in waiting, I will not take more time.
I thank the gentleman for being here and for asking the questions.
Mr. Speaker, I include for the Record some printed material:
Library of Congress,
Washington, DC, January 18, 1993.
To: Hon. Frank R. Wolf, House of Representatives, Attention:
Karen Feaver.
From: Tao-tai Hsia, Chief.
Subject: People's Daily (Overseas Edition) distortion of
Federal Register notice on Chinese prison export goods.
You will find attached a brief report analyzing a recent
article that appeared on the front page of the People's Daily
(Overseas Edition) in relation to a notice in the U.S.
Federal Register to which the article refers. The relevant
items--a photocopy of the People's Daily (Overseas Edition)
article, of the Xinhua item (in English) on which it is
based, and of the Federal Register notice--are also attached
for your perusal. I hope you find this material to be of
interest.
Attachments.
Chinese Press Distortion of Federal Register Notice
A recent front-page item in the official Chinese press
attempts to give the misleading impression that China has
never exported prison-made goods to the United States and
bases its claim on a U.S. Customs finding reported in the
Federal Register.
The January 5, 1994, article in the overseas edition of
People's Daily (attributed to a Xinhua News Agency item of
January 4), has the following headline: ``China has never
exported labor goods to America.'' First, although the text
of the article narrows the context, stating that socks of the
Qinghe Stocking factory of the Beijing No. 1 Prison produced
by convict labor ``were not'' and ``are not likely in the
future'' to be exported to America, the headline nevertheless
gives the impression that all of China, at all times, has
been innocent of exporting prison goods. It may be noted that
an English version of the Xinhua item, with the headline
``U.S. Government Scotches Chinese Prison Labor Rumor,'' also
states that the factory ``has never exported its products to
the U.S.''
Second, even the text of the article states that reform-
through-labor institutions have no right to engage in foreign
economic trade activities. While this is legally the case, in
fact such institutions have engaged in overseas export
activities, as different official Chinese sources themselves
have indicated and even boasted about.
Third, the basis for the claim made by the Chinese press is
stated as being the U.S. Federal Register of December 12,
1993, which contains a U.S. Customs finding in regard to the
socks. Examination of the original item in the Federal
Register (the relevant issue is actually dated December 13)
shows that the Chinese article distorts the wording used.
First, the Customs notice refers to a 1992 Customs
determination that socks manufactured through the use of
convict labor at the factory ``were being, or were likely to
be imported into the United States.'' Second, the notice
gives a new finding of the Commissioner of Customs,
determined after additional investigation of the 1992 case.
The recent determination states that ``certain articles of
the People's Republic of China are no longer being, or likely
to be, imported into the United States, which were being
mined, produced or manufactured with the use of convict,
forced, or indentured labor.'' Nowhere does it acknowledge
that Chinese prison goods, or the kind of socks in question,
have never been exported to the U.S.
Fourth, the determination of the U.S. Customs is made in
reference to only one Chinese institution, even though others
may have been or may still be exporting their products in
order to earn foreign exchange. Because of pressure from the
U.S. Congress and the agreement that was worked out between
China and the U.S. concerning prison-made goods, the Chinese
are definitely more careful about the prison activities and
it will be much more difficult now to obtain any
incriminating evidence of violation of the agreement. A
notable instance of their attempt to control foreign
knowledge of the institutions was the issuance in 1991 of a
Ministry of Justice circular concerning distribution of
Provisions on the Reception of Foreign Guests by
Rehabilitation Through Labor Units.
People's Daily (Overseas Edition) is a mouthpiece of the
Chinese government and the Chinese Communist Party; Xinhua is
the official party news agency. The publication of an
officially sanctioned article that so clearly distorts the
facts can but call into question the credibility of the
Chinese government itself.
Prepared by Tao-tai Hsia, Chief, and Wendy I. Zeldin, Legal
Reseach Analyst, Far Eastern Law Division, Law Library of
Congress, January 1994.
____
Notices--Department of the Treasury, U.S. Customs Service [T.D. 93-94]
Determination That Maintenance of Determination/Finding of
July 7, 1992, Pertaining to Certain Socks Imported From the
PRC Is No Longer Necessary, 58 FR 65235.
Date: Monday, December 13, 1993.
Action: Determination that Merchandise is no longer Subject
to 19 U.S.C. 1307.
Summary: On July 7, 1992, the Commissioner of Customs, with
the approval of the Secretary of the Treasury issued a
determination/finding that certain child or infant and adult
socks, possibly identified and/or marketed under the ``Golden
Double Horse'' brand name, and manufactured at the Beijing
Qinghe Hosiery Factory, People's Republic of China, with the
use of convict labor and/or forced labor, and/or indentured
labor, were being, or were likely to be imported into the
United States. The Commissioner of Customs, pursuant to 19
CFR 12.42(f) has now determined, based upon additional
Customs investigation, that such merchandise is no longer
being, or is likely to be imported into the United States in
violation of section 307 of the Tariff Act of 1930, as
amended (19 U.S.C. 1307).
Dates: This determination shall take effect 5 days after
the date of publication in the Federal Register.
For further information contact: Robert K. Neckel, Senior
Special Agent, Office of Enforcement, Headquarters, U.S.
Customs Service, 1301 Constitution Avenue, NW., Washington,
DC 20229 (202) 927-1510.
Determination.--Pursuant to Sec. 12.42(f), Customs
Regulations (19 CFR 12.42(f)), it is hereby determined that
certain articles of the People's Republic of China are no
longer being, or likely to be, imported into the United
States, which were being mined, produced or manufactured with
the use of convict, forced, or indentured labor.
Articles schedule.--Item number from the Harmonized Tariff
(19 U.S.C. 1202).
Child or infant socks.--6115.93.20209 (Textile Category
632).
Adult socks.--6115.92.20004 (Textile Category 332).
(Manufactured by the Beijing Qinghe Hosiery Factory)
Approved: November 15, 1993.
Samuel H. Banks,
Acting Commissioner of Customs.
Dated: November 18, 1993.
John P. Simpson,
Deputy Assistant Secretary (Enforcement).
____
United States and Canada--PRC, U.S. Examine Illegal Export of Socks
charges said `groundless'
[Text] Beijing, 4 Jan. (XINHUA)--According to a report from
the United States, an investigative report released by the
U.S. Government publication the FEDERAL REGISTER [LIAN BANG
JI SHI 51146721 6764 0057] has confirmed that the Beijing No.
One Prison did not export, and is not likely to export in the
future, socks produced by inmates working at its Qinghe Sock
Factory. The facts of the case, concocted by Congressman
Wolf, member of the U.S. House of Representatives, state that
in 1991, ``China's Beijing No. One Prison was exporting goods
to the United States''. This case has finally been vindicated
by the facts.
On 27 March 1991, Representative Wolf and others visited
the Beijing No. One Prison. When they toured the prison's
sock workshop, Wolf attempted to take away without permission
several pairs of semifinished socks on the table, but he was
stopped then and there by the prison staff. After the tour,
the warden gave each and every visitor five pair of socks as
souvenirs. A few days later, however, Wolf, through the media
outside China, without grounds, accused the Beijing prison of
exporting socks it produced to the United States. Testifying
to the U.S. Senate Committee on Foreign Relations after he
returned to the United States, Wolf brazenly accused China,
displaying the five pairs of socks given to him as a gift,
and claimed they were ``proof'' that China was exporting
goods made by inmates in reformatories to the United States.
Although China made an immediate clarification and explained
the real situation on many occasions, Wolf still disregarded
the basic facts and continued his totally groundless charges
on many other occasions. Thus, the ``case of the Beijing
prison's sock exports'' suddenly created a hue and cry in the
U.S. Congress and in the media, creating a very bad
impression of China.
Two years later, in March 1993, the U.S. Embassy in China
submitted a request to the relevant Chinese authorities to
send some officials to visit the Beijing No. One Prison, and
the authorities made arrangements for three officials of the
U.S. Embassy in China to visit the prison on 30 March 1993.
During the visit, the officials conducted a detailed
investigation of the matter regarding Wolf's accusation that
the prison was exporting inmate-produced socks to the United
States. The officials then reported the results of their
investigation to the U.S. Government. Later, Wolf again
spread the lies he created and attacked China, without
grounds, at another news conference held in the United States
in the summer of 1993. The Chinese authorities time and again
urged the United States to publicize the results of the
investigation conducted by the embassy officials. On 13
December 1993, the U.S. Government publicized the results of
the investigation the FEDERAL REGISTER, and thus the factory
was vindicated.
An official of the relevant Chinese authorities pointed
out, with regard to products produced by reformatories, the
policy of the Chinese Government is clear: Reformatory-
operated businesses do not have the right to carry out
economic and trade activities with foreign countries or to
conduct import-export business. China has been strictly
abiding by the ``Memorandum of Understanding on Banning the
Import and Export of Prison-Produced Products'' ever since it
was signed by China and the United States. Facts are the most
convincing proof.
``federal register'' cited
[Text] Beijing, January 4 (XINHAU)--A U.S. Government
investigation has confirmed that the Qinghe stocking factory
of Beijing's Number One Prison has never exported its
products to the U.S.
The investigation report which was published last month in
the U.S. Government publication ``Federal Register,'' has put
an end to a two-year probe into rumors of exports of prison-
made goods from China to the U.S.
On March 27, 1991, during his visit to the stocking
workshop of the prison factory, U.S. Congressman Frank Wolf
tried to take away several semi-finished products with the
intention of keeping them, but he was stopped.
Later, before they left the prison, the warden gave each of
the visitors including Frank Wolf five pairs of stockings as
souvenirs.
But several days later Wolf claimed that stockings produced
by the Beijing prison had been exported to the U.S.
After he returned home Wolf displayed the stockings at a
hearing of the Foreign Relations Committee of the U.S. Senate
as ``proof'' that china had exported prison-made products.
Despite the fact that the Chinese side immediately
clarified the truth of the matter, Wolf closed his eyes to
the facts and continued to spread his allegations on many
occasions.
Two years later, in March 1993, the U.S. Embassy to China
made a request to the Chinese department concerned for
embassy officials to be allowed to visit the Beijing Number
One Prison.
On March 30, 1993 the Chinese department concerned arranged
a visit by three U.S. Embassy officials to the prison. During
their visit the embassy officials said that they had made a
detailed inquiry about Wolf's allegation and they would
report their conclusion to the American government.
Later, in the summer of 1993, Wolf again spread his lies at
a press conference held in the U.S. and accused China
groundlessly.
After repeated requests by the Chinese department
concerned, the U.S. Government published the investigation
conclusion in ``FEDERAL REGISTER'' on December 13, 1993,
which conforms to the facts.
Speaking about reform-through-labor products, a Chinese
Government spokesman said that the policy of the Chinese
Government is very clear. ``Reform-through-labor enterprises
have no right to conduct foreign trade,'' he said.
``Since China and U.S. reached an understanding about
banning imports and exports of prison labor products, the
Chinese side has always abided by the agreement. And facts
are the best proof,'' the official added.
npc vice chairman meets anna chennault
[Text] Beijing, January 4 (XINHAU)--Wang Guangying, vice-
chairman of the Standing Committee of the Chinese National
People's Congress [NPC], met and had a cordial conversation
with Mrs. Anna Chennault, a noted American personality, here
today.
The visitor, who arrived here Thursday, is scheduled to
leave here tomorrow to travel to some cities in southern
China.
central eurasia
______
Beijing Secretary Meets Kiev City Delegation
[By reporter Lian Gong (6647 0364): ``Strengthening
Understanding, Exchange and Cooperation Between the Two
Cities Will Help Promote Development of Relations Between the
Two Countries'']
[Text] Yesterday evening, Chen Xitong, member of the
Political Bureau of the CPC Central Committee, secretary of
the Beijing Municipal CPC Committee, and honorary chairman of
the Beijing Municipal People's Association for Friendship
with Foreign Countries, met with a Kiev city government
delegation led by Leonid Kosakivskyy, representative of the
president of the Ukraine stationed in Kiev city and state
administrative leader of Kiev city.
During their enthusiastic talks, Chen Xitong welcomed the
guests of Kiev city and congratulated Beijing Municipality
for establishing friendly relations with Kiev city.
Chen Xitong happily reviewed the deep impression his visit
to Ukraine in 1986 left. He acclaimed Kiev as a beautiful
city full of patriotism. He said: Despite the changeable
international situation, friendship between the peoples of
China and the Ukraine will not change. As Beijing and Kiev,
the capitals of the two countries, understand, exchange, and
cooperate, they will surely help promote better relations
between the two countries.
Chen Xitong said: The establishment of friendly relations
between Beijing and Kiev will write a new page in the history
of relations. He expressed the hope that both cities would
regard this as a new starting point; realistically develop
friendly cooperation in the economic, scientific,
technological and cultural spheres; and unceasingly achieve
substantial results.
Leonid Kosakivskyy thanked the Beijing Municipal leader for
greeting him warmly and expressed Kiev city's ardent hope of
strengthening exchange and developing cooperation with the
Beijing Municipality.
Li Qiyan, Chen Guangwen, Lu Yucheng, Peng Kexun and
Plyushko, Ukraine ambassador to China, were also present at
the meeting.
cross-border trade zone planned with russia
[Text] Harbin, January 4 (XINHUA)--A Chinese city and a
Russian city have agreed to build a cross-border free
economic and trade zone.
The agreement, reached between Heihe city in the
northeastern Chinese province of Heilongjiang and
Blagoveshchensk city of the Amur region of Russia in the Far
East, was made public here at a seminar named ``special
economic zones for regional development'', jointly sponsored
by the United Nations and Heilongjiang Province of China.
Under the agreement, the free economic and trade zone will
extend from either end of the pontoon bridge to be built soon
to span the boundary Heilongjiang river.
The zone, initially blueprinted to cover 20 sq km, will
consist of 10 sq km of land from each of the two countries
while respective state land ownership remains unchanged.
As outlined in the agreement, the zone, to be mainly
engaged in trade, finance, high-tech industries,
transportation and catering, is expected to become a transit
center for goods and passengers. It is also designed to be an
export-oriented processing base.
The agreement said the zone will be administered by a joint
management commission, to be formed by state-appointed
personnel from both China and Russia. The commission,
meanwhile, will adopt internationally-recognized practices
and regulations governing economic, social, cultural and
legal affairs.
The zone will not be subject to the administration of
either single government, the agreement noted.
____________________