A non-government Legal Aid Station for Migrant Workers (农民工法律援助工作站) in Beijing will help 15 provinces establish similar “stations” in a USD 500,000 programme funded by the government of Belgium and brokered by UNDP and its Chinese government counterpart agencies, it was announced last week.

A pioneering, public-interest lawyer, Tong Lihua (佟丽华), set up the Beijing station in 2005 within his Zhicheng law firm (致诚律师事务所) which also houses a Centre for Juvenile Legal Aid and Research (青少年法律援助与研究中心) that Tong established in 1999.

Last year, the Station received a CNY 200,000 (USD 25,000) grant China Legal Aid Foundation’s Legal Aid Fund for Migrant Workers, and the Beijing Justice Bureau also provides financial support for cases that the Station represents.

According to Tong, since its establishment in September 2005, the Legal Aid Station has represented 1,354 cases on behalf of 2,386 migrant workers, involving compensation and other claims worth CNY 15.95 million (USD 2 million). So far, courts hearing cases have ordered settlements to a total value of CNY 7.61 million, although only CNY4.38 million has so far been paid over.

The Legal Aid Station has more than 10 lawyers and staff working full time, but is not able to provide services to all workers turn to it. Indeed, it has received 6,458 enquiries in the past 17 months, involving more than 30,000 people with claims totalling CNY 200 million. Most of visitors come to complaint about unpaid wages. Compensation claims for industrial injuries are the second commonest kind of case.

Tong says that number of disputes over unpaid wages has been declining, following stronger government efforts to deal with the issue. Many provincial and city governments have set up offices to help workers claim wages. In some cities, banks are not allowed to grant loans to enterprises that are reported not to have paid workers on time.

A circular issued by the State Council early last year grants workers the rights to seek free legal aid in workplace disputes, and more workers are becoming aware of the possibility of legal redress. “That is why even thought the overall situation is improving, the actual number of legal cases is still increasing,” Tong explains.

According to the Legal Aid Centre under the Ministry of Justice, 120,000 migrant workers received assistance from legal professionals under the government’s legal aid scheme last year, a 65% increase over 2005.

Tong says government is “the major channel” to protect migrant worker’s rights, but believes that professional centres like his still have a big role to play.

The new, UNDP project, whose implementation Tong will lead on behalf of the All China Lawyers Association, is expected to facilitate the creation of 15 new stations, as well as providing support for seven others that have already been set up in other cities. Within one year a legal aid network for migrant workers, run by local lawyers’ associations, is expected to cover 21 municipalities and provinces

Funds will also be used for training and capacity building activities, and for documenting the work of the stations to serve as “policy studies” to inform government policies, according to Wu Xiaohui (吴晓晖), who works as UNDP’s “focal point for rule of law” in Beijing.

“We see this as an innovative way of working,” Wu told China Development Brief, noting that projects supported by UNDP in China are generally implemented by government or parastatal agencies. “Tong has close support from the Lawyers’ Association and the Ministry of Justice, but these will be CSOs [civil society organisations] specialising in migrant workers’ rights protection.”

Report by Nick Young and Chang Tianle, February 7, 2007