07/14/2009, 00.00
CHINA
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Increase in labour disputes floods courts in China

An increase of over 30% in 2009, workers are left without protection from state unions. Beijing is more concerned with "asking" lawyers not to assist those who demonstrated Urumqi. Lawyers of clients with a high "political” profile persecuted.

Beijing (AsiaNews / Agencies) – Workers disputes over arrears in wages and redundancy payments increased by 30% in China in first half of 2009, according to the People’s Supreme Court. But Beijing is not concerned about the widespread failure of firms, rather it is concerned with stopping lawyers from defending anyone who participates in street protest.

Litigation over wages actually rose by over 150% in Zhejiang in the first half of 2008, by 42.6% in Guangdong and 50% in Jiangsu, which are the most industrialized areas, where tens of thousands of factories have closed because of the global financial crisis and the collapse of Chinese exports. In 2008, the labour disputes increased by 93.9% compared to 2007, reaching 280 thousand.

However experts believe the figures to be greatly underestimated, given that the courts are already overburdened and as a result do not immediately indicate the number of new incoming cases, and also considering that workers often prefer to opt for peaceful strikes, rather than sue the companies, which have recourse to successful and expensive lawyers.

The Supreme Court is advising workers to go to an arbitrator to obtain a quick ruling.

There is also controversy surrounding the official trade unions controlled by the Chinese Communist Party, that are being accused of not protecting workers who are left alone to safeguard their fundamental rights.

Instead, Beijing is anxious to "request" lawyers not to assist anyone who took part in street protests. In a statement posted on its website last week, the Office for Legal Affairs, advised lawyers caution in taking up the defence of Urumqi protesters, accused of having acted " to destroy ethnic unity, incite ethnic conflict and destroy the peaceful and united social situation. "

Partners at law firms are being requested to report their cases and accept monitoring and guidance from legal authorities and lawyers' associations, both controlled by the CCP. Moreover they are banned from speaking about their cases to the media and from posting comments on the internet.

Li Fangping , a lawyer who has regularly been targeted for representing politically sensitive clients told the South China Morning Post that “This is a bold abuse of the legal profession” because lawyers must be free to accept cases based on their professional judgment, without external impositions.

In recent months, many lawyers involved in cases of political significance were arrested or beaten by unknown attackers and the Beijing authorities have threatened their removal from the professional register. These include lawyers defending Tibetans, or the parents of the babies who died in the melamine milk scandal.

 
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