Yue Yuen and the world

This article was originally published on May Day as ‘Yue Yuen: wildcat strieks and autonomous labor struggles in China’ at ROAR Magazine, reflections on a revolution, as part of a series on labor resistance, available here.

In China, the Communist Party (CCP) and the All China Federation of Trade Unions (ACFTU) promote and protect workers’ rights. In reality, however, elite interests most often prevail, submerging workers’ rights in the tide of global capitalism. The response has been increasing civil resistance. According to one study, there were 1.171 strikes and labor protests between June 2011 and the end of 2013, and much of April 2014 was marked by one of the largest episodes of resistance in modern Chinese labor history.

On Monday, April 14, 2014, 10.000 workers at the Yue Yuen Dongguan shoe factory took to the streets in protest of the company’s ongoing failure to pay its 70.000 employees their full social security and housing allowance. Worker grievances also included the thousands of fraudulent contracts they had been forced to sign, which prevented their children from enrolling in local schools, forcing them to pay for migrant worker children’s schools. These are common grievances among China’s some 250 million migrant workers.

The strikes, which had been intermittent since April 5, came to their first crescendo that Monday as hundreds of riot police swarmed the crowd. Despite the show of force and minimal arrests, the workers were undaunted, and by the following week the demonstrators numbered around 40.000. Government censors instructed domestic media to delete content related to the incident.

The strike at Yue Yuen, the largest sports shoe manufacturer in the world, supplying Adidas, Nike, Puma, Crocs and others, was supported by labor rights organizations, such as the Shenzhen-based Chunfeng Labor Justice Service Department. Meanwhile, union presence was minuscule. That substantive union support was conspicuously absent in one of the largest labor rights demonstrations in modern China is telling.

China Labour Bulletin, a Hong Kong rights organization, quoted one striking worker: “I personally have not seen any union staff, although I heard that they have issued a comment, which no one gives damn about… They are now giving us instructions, but where the hell were they when the company violated our rights?! I have worked at Yue Yuen for almost two decades, and I don’t even know who our union president is.”

The ACFTU is the largest trade union in the world, with around 239 million members according to 2010 figures. However, the legitimacy of the ACFTU as a representative of workers’ rights has been tarnished by perennial subordination to the interests of the CCP. There is a regulation that party officials must approve all union chairs and the CCP’s position on labor rights is clear.

On March 27, 2001, when it ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR), China issued a reservation to Article 8.1(a), the right to form and freely join trade unions, that its application must be consistent with the Chinese Constitution and other domestic laws. The word union does not appear in the Chinese Constitution. Furthermore, China has continually failed to ratify fundamental International Labor Organization (ILO) conventions CO87, The Freedom of Association and Protection of the Right to Organize and CO98, The Right to Organize and Collective Bargaining.

For these reasons China’s workers have increasingly been relying on autonomous structures of labor resistance organized horizontally within or between small groups of factories with support from independent labor rights organizations and third parties. Students in the nearby city of Guangzhou, for example, left posters outside of Nike stores in solidarity with the striking workers.

After several weeks of demonstrations, a spokesperson for the Ministry of Labor and Social Security acknowledged that Yue Yuen had been underpaying its workers and noted that the department had ordered the factory to comply.

Still, we must not forget that China is increasingly outsourcing cheap labor to countries such as Vietnam and Bangladesh. While victories for individual factories are milestones in the Chinese labor movement, until the engines of global capitalism come to a halt the same exploitive practices will continue in their voracious race to the bottom.

After all, following the initial outbreak of demonstrations at Yue Yuen, Adidas moved a bulk of its orders to other suppliers. This move earned the company criticism from the International Union League for Brand Responsibility, which, as a reminder that the struggle for workers’ rights is universal, responded by organizing solidarity protests at Adidas and Nike stores from Hong Kong to Istanbul and Los Angeles.

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The Buddhist King and Modern Politics

The following is an excerpt from In Quest of Democracy, an essay written by Nobel Peace Prize winner Aung San Suu Kyi. The original essay was written before Aung San Suu Kyi was placed under house arrest in July 1989 and had been planned as part of an anthology of essays on democracy and human rights. Aung San Suu Kyi, after years of tumultuous house arrest and suffering, was released on 13 November 2010. Since her release she has continued to campaign for deeper democratic transitions in Burma as the leader, and founder, of the National League for Democracy. Around the same time as her release, the decades long military dictatorship began to initiate political liberalizations that permitted independent parties an unprecedented degree of freedom. Despite easily agreed upon positive steps toward Democracy Burma faces many obstacles and complex challenges to its ongoing democratization, particularly in terms of reconciling complicated group and individual identity politics. While this essay was originally written over twenty years ago, it presents a vision of a moral leader, a vision inspired by Buddhist legends and parables, with considerable transferability to not only guiding Burma’s democratic transition but in pointing to desirable qualities in all democratically elected figures and offers insight into discussions on resisting authoritarian and totalitarian regimes. It begins…

Opponents of the movement for democracy in Burma have sought to undermine it by on the one hand casting aspersions on the competence of the people to judge what was best for the nation and on the other condemning the basic tenets of democracy as un-Burmese. There is nothing new in Third World governments seeking to justify and perpetuate authoritarian rule by denouncing liberal democratic principles as alien. By implication they claim for themselves the official and sole right to decide what does or does not conform to indigenous cultural norms.

This excerpt was taken from a version of the essay appearing in Freedom From Fear: And Other Writing (2010) p. 170-173.

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“The Buddhist view of world history tells that when society fell from its original state of purity into moral and social chaos a king was elected to restore peace and justice. The ruler was known by three titles: Mahasammata, ‘because he is named ruler by the unanimous consent of the people’; Khattiya; ‘because he has dominion over agricultural land’; and Raja, ‘because he wins the people to affection through observance of the dhamma (virtue, justice, the law)’…

The Buddhist view of kingship does not invest the ruler with the divine right to govern the realm as he pleases. He is expected to observe the Ten Duties of Kings, the Seven Safeguards against Decline, the Four Assistances to the People, and to be guided by numerous other codes of conduct such as the Twelve Practices of Rulers, the Six Attributes of Leaders, the Eight Virtues of Kings and the Four Ways to Overcome Peril. There is logic to a tradition which includes the king among the five enemies or perils and which subscribes to many sets of moral instructions for the edification of those in positions of authority. The people of Burma have had much experience of despotic rule and possess a great awareness of the unhappy gap that can exist between the theory and practice of government.

The Ten Duties of Kings are widely known and generally accepted as a yardstick which could be applied just as well to modern government as to the first monarch of the world. The duties are: liberality, morality, self-sacrifice, integrity, kindness, austerity, non-anger, non-violence, forbearance and non-opposition (to the will of the people).

The first duty of liberality (dana) which demands that a ruler should contribute generously towards the welfare of the people makes the tacit assumption that a government should have the competence to provide adequately for its citizens. In the context of modern politics, one of the prime duties of a responsible administration would be to ensure the economic security of the state.

Morality (sila) in traditional Buddhist terms is based on the observance of the five precepts, which entails refraining from destruction of life, theft, adultery, falsehood and indulgence in intoxicants. The ruler must bear a high moral character to win the respect and trust of the people, to ensure their happiness and prosperity and to provide a proper example. When the king does not observe the dhamma, state functionaries become corrupt, and when state functionaries are corrupt the people are caused much suffering. It is further believed that an unrighteous king brings down calamity on the land. The root of a nation’s misfortunes has to be sought in the moral failings of the government.

The third duty, paricagga, is sometimes translated as generosity  and sometime as self-sacrifice. The former would constitute  a duplication of the first duty, dana, so self-sacrifice as the ultimate generosity which gives up all for the sake of the people would appear the more satisfactory interpretation. The concept of selfless public service is sometimes illustrated by the story of the hermit Sumedha who took the vow of Buddhahood. In so doing he who could have realized the supreme liberation of nirvana in a single lifetime committed himself to countless incarnations that he might help other beings free themselves from suffering. Equally popular is the story of the lord of monkeys who sacrificed his life to save his subjects, including one who had always wished him harm and who was the eventual cause of his death. The good ruler sublimates his needs as an individual to the service of the nation.

Integrity (ajjava) implies incorruptibility in the discharge of public duties as well as honesty and sincerity in personal relations. There is a Burmese saying: ‘With rulers, truth, with (ordinary) men, vows’. While a private individual may be bound only by the formal vows that he makes, those who govern should be wholly bound by the truth in thought, word and deed. Truth is the very essence of the teachings of the Buddha, who referred to himself as the Tathagata or ‘one who has come to the truth’. The Buddhist king must therefore live and rule by truth, which is the perfect uniformity between nomenclature and nature. To deceive or to mislead the people in any way would be an occupational failing as well as a moral offence. ‘As an arrow, intrinsically straight, without warp or distortion, when one word is spoken, it does not err into two.’

Kindness (maddava) in a ruler is in a sense the courage to feel concern for the people. It is undeniably easier to ignore the hardships of those who are too weak to demand their rights than to respond sensitively to their needs. To care is to accept responsibility, to dare to act in accordance with the dictum that the ruler is the strength of the helpless. In Wizaya, a well-known nineteenth-century drama based on the Mahavamsa story of Prince Vijaya, a king sends away into exile his own son, whose wild ways had caused the people much distress: ‘In the matter of love, to make no distinction between citizen and son, to give equally of loving kindness, that is the righteousness of kings.’

The duty of austerity (tapa) enjoins the king to adopt simple habits, to develop self-control and to practise spiritual discipline. The self-indulgent ruler who enjoys an extravagant lifestyle and ignores the spiritual need for austerity was no more acceptable at the time of the Mahasammata than he would be in Burma today.

The seventh, eighth and ninth duties — non-anger (akkodha), non-violence (avihamsa) and forbearance (khanti) — could be said to be related. Because the displeasure of the powerful could have unhappy and far-reaching consequences, kings must not allow personal feelings of enmity and ill will to erupt into destructive  anger and violence. It is incumbent on a ruler to develop the true forbearance which moves him to deal wisely and generously with the shortcomings and provocations of even those whom he could crush with impunity. Violence is totally contrary to the teachings of Buddhism. The good ruler vanquishes ill will with loving kindness, wickedness with virtue, parsimony with liberality, and falsehood with truth. The Emperor Ashoka who ruled his realm in accordance with the principles of non-violence and compassion is always held up as an ideal Buddhist king. A government should not attempt to enjoin submission through harshness and immoral force but should aim at dhamma-vijaya, a conquest by righteousness.

The tenth duty of kings, non-opposition to the will of the people (avirodha), tends to be singled out as a Buddhist endorsement of democracy, supported by well-known stories from the Jakatas. Pawridasa, a monarch who acquired an unfortunate taste for human flesh, was forced to leave his kingdom because he would not heed the people’s demand that he should abandon his cannibalistic habits. A very different kind of ruler was the Buddha’s penultimate incarnation on earth, the pious King Vessantara. But he too was sent into exile when in the course of his strivings for the perfection of liberality he gave away the white elephant of the state without the consent of the people. The royal duty of non-opposition is a reminder that the legitimacy of government is founded on the consent of the people, who may withdraw their mandate at any time if they lose confidence in the ability of the ruler to serve their best interests.

By invoking the Ten Duties of Kings the Burmese are not so much indulging in wishful thinking as drawing on time-honoured values to reinforce the validity of the political reforms they consider necessary. It is a strong argument for democracy that governments regulated by principles of accountability, respect for public opinion and the supremacy of just laws are more likely than an all-powerful ruler or ruling class, uninhibited by the need to honour the will of the people, to observe the traditional duties of Buddhist kingship. Traditional values serve both to justify and to decipher popular expectations of democratic government.”