Correspondence
Email sent to the contact address for Qingdao Tianyuan.
The email said: "I’m contacting you in light of our latest investigation which concerns the use of forced labor in China’s food processing industry.
Qingdao Tianyuan Aquatic Food Co. Ltd. has received persons from the Xinjiang Uyghur Autonomous Region of the People’s Republic of China under the government’s labor transfer program. The United Nations, human rights organizations and academic experts agree that since 2018, the Chinese government has systematically subjected Xinjiang’s predominantly Muslim ethnic minorities to forced labor across the country via state-sanctioned employment schemes which use coercive methods in worker enrollment, and obstruct freedom to leave employment.
Qingdao Tianyuan’s international customers include companies in the U.S., where the importation of goods produced from state-imposed forced labor is prohibited. Does Qingdao Tianyuan Aquatic Food Co. Ltd. have any comment or statement to make in light of the above information? Please respond to this email by close of business May 26, 2023."
Nina Yin, the General Manager of Qingdao Tianyuan Aquatic Foodstuffs Co. Ltd. replied with a statement: "Our company has noticed that your organisation, The Outlaw Ocean Project, have recently made accusations against our company, alleging the presence of forced labor and continuously spreading negative information to various organizations and our partners without providing any evidence. These actions from your organization have severely impacted our normal business operations, seriously tarnished our business reputation, and put the livelihoods of hundreds of our employees' families at risk.
We respect and share the underlying objectives of The Outlaw Ocean Project, recognizing the gravity of human rights issues in the seafood industry. As a responsible Chinese seafood processing enterprise, we have consistently dedicated ourselves to providing consumers with high-quality seafood products while maintaining an ethical work environment for our employees.
The company places the well-being of every worker, regardless of their origin, at the forefront. We operate with integrity and rigorously comply with the relevant provisions of the MSC CoC standard. We have not engaged in any form of illegal forced labor. If your organization has any evidence, we request that you present it directly to us. We are open to engage in a respectful discussion with you regarding the issue at any time. Moreover, we welcome you to visit our fa ctory at any time and we are willing to cover your travel expenses if necessary. Most importantly, we want you to understand that our company maintains complete transparency in our practices and the treatment of our employees.
We look forward to you coming to our company to take a look personally and discuss the matter openly. Through face-to-face and candid communication, we aim to contribute to the genuine environmental protection, social responsibility, and sustainable development of the fishing industry."
The Outlaw Ocean Project replied to Nina Yin: "Thanks so much for engaging with us, and I hope I can offer some clarity on what we're requesting of you and your partners.
Our questions and research relate to the use of workers from Xinjiang at Qingdao Tianyuan, information we obtained from some of Qingdao Tianyuan's own company materials, as well as from government and Chinese media reports. It also relates to the position of the United States and United Nations, among others, on the use of workers from Xinjiang, and that it may constitute "forced labor." Our messages to your partners, such as UZP, reflected these two facts. Qingdao Tianyuan is a major exporter to the United States and European Union, both directly and indirectly through partner companies like Qingdao UZP, we felt it was necessary to get the views of your partners in those regions.
We understand that you, along with the Chinese government and other companies that use workers from Xinjiang, hold a different view to the United States and United Nations on this issue. That's why we feel it is so important to engage with you directly to clarify what your views are on your use of workers from Xinjiang, so all views are accurately and fairly reflected. As you know, the use of workers from Xinjiang at processing plants in Shandong province is not unusual, and we are engaging with other companies in the province in the same way.
If there is anything specific you'd like to say to us on the use of workers from Xinjiang at Qingdao Tianyuan and Lianyang, perhaps regarding their pay and conditions, their living arrangements, how an ethical work environment is maintained, and so on, we'd be interested to hear more. Given that the use of workers from Xinjiang is widespread, we'd also be interested to know if Tianyuan and other seafood companies in Shandong ever had concerns about participating in labor transfer or "poverty alleviation" programs, and if this was ever discussed.
We'd also like to hear more about the auditing and certification processes, and if the use of workers from Xinjiang was ever discussed with the auditing organizations. Thanks again for engaging with us on this issue."
Nina Yin, the General Manager of Qingdao Tianyuan, replied: "Thank you for your email! We believe that this is the right direction — to establish direct dialogue, enhance mutual understanding, eliminate biases and differences, and achieve common sustainable development goals.
To begin with, I would like to explain to you our company's principles for employee recruitment, "open recruitment, voluntary application, and selection based on merit." All of our employees voluntarily apply for positions. Because our product involves an intric ate hand-manufacturing processes, only the individuals who are voluntarily aspire to learn these skills can work well in our company.
Our recruitment process mainly includes the following aspects: • * We establish recruitment standards and requirements based on the company's needs, including job positions and technical work experience requirements, etc. Recruitment is mainly conducted through private advertising, personal applications, and referrals from current employees. • * When recruiting, we use effective methods to verify the applicant's identity document, confirm their real age and identity, and ensure that workers are over 18 years old when they join, to prevent the hiring of minors due to false age information. Individuals who cannot provide valid identification are not hired, and those who do not apply voluntarily are not hired. • * Discriminatory behavior based on race, social class, region, nationality, religion, disability, gender, sexual orientation, union membership, or political affiliation is strictly prohibited during the recruitment process. • * During the recruitment process, no deposits or collateral of any form are collected from workers. • * After employees are hired, they sign labor contracts, receive equal pay for equal amount of work, and are paid on time. The company provides free accommodation and meals, with dormitories equipped with air conditioning, sanitary facilities, and recreational rooms. • * If an employee decides to resign during the contract period for personal reasons, they can resign at any time under one month's notice. In case of urgent matter, employees can resign immediately as well. In this case, the wages of resigning employees are settled within three days after resignation. • * The company has established a mechanism for complaints and grievances. If any violations of the company's recruitment and employment policies are found, employees can directly complain to the company's administrative department or even the general manager. The company promptly investigates and takes corrective action if necessary.
- And so on
We firmly believe everyone has the right to work, and everyone has the right to pursue a better life, . This right cannot be deprived. No one has the right to restrict the freedom of choice in work, in any nationality or region. This applies to our factory, as in the same way it is applied in the United States and other parts of the world. Any restrictions on this right are inherently discriminatory and violate social ethics and regulations worldwide.
Qingdao Tianyuan Aquatic Foodstffs Co., Ltd. is a private enterprise founded in 1995. Over the years, my team and I have been working hard to provide high-quality seafood products to consumers worldwide. We are committed to maintaining and improving the working and living conditions of our employees, increasing their income levels, ensuring their happiness and security at work, and improving the living standards of every family.
We are only focusing in stable incomes for people in our own company to support their parents and to raise their children in good health with a good education. We are a privately-owned enterprise, and we are not aware nor participate in any national labor transfer or “poverty alleviation” schemes. In order to fulfill our sales orders, we need a large number of employees, who we hired independently and willing to work voluntarily, to ensure production, maintain stable supply, and fulfill our commitments to our customers.
However, without verifying the authenticity of the information and without prior communication with us, your organization has unilaterally sent false premature conclusion of "forced labor" to multiple organizations, multiple of our customers, and even our customers' clients. We deeply regret that the mutual dialogue that we expected from your organization to start in such way. This led to our customers suspending or canceling our shipments, resulting in the inability to deliver thousands of tons of products. This has had a significant impact and caused great losses to our company and our clients, greatly affecting the jobs of hundreds of our employees and their livelihoods.
We strongly urge you to immediately stop the negative publicity against us and provide evidence of our alleged forced labor practices. Based on this, we are willing to engage in equal and frank communication with you. We would like to extend our invitation once again for you to visit China and our factory in person. As the saying goes 百闻不如一见, "Seeing is believing. " We have learned that Mr. Ian Urbina personally traveled to various parts of the world, visited ports, docks, fishing vessels, and even lived ona fishing boat for a period of time, resulting in hisgreat book "The Outlaw Ocean". We believe that your visit in person would provide a better understanding to our company and the other Chinese seafood processing enterprises, and could enable both of us to exchange views, clarify the fact, and work towards common sustainability goals.
Thanks and awaitng your ideas."
The Outlaw Ocean Project replied: "To clarify and reiterate: when we discuss these matters publicly, we are citing the existence of the government's transfer of workers from Xinjiang into key processing plants. U.S. law cites any such workers in a product’s supply chain as part of state-sponsored forced labor (even if the Chinese general public and law see it otherwise). The United Nations also holds the view that these transfers may constitute forced labor. Please also understand that we contacted Qingdao Tianyuan on May 24, 2023, to request comment on our findings but received no response. As for our evidence, we have relied on publicly accessible documentation to demonstrate Qingdao Tianyuan's use of labor from Xinjiang, including multiple state media reports describing the government's involvement in transferring workers from Xinjiang to Qingdao Tianyuan, and including photos of the transfers. To verify the accuracy of these reports, we've obtained authenticated footage confirming the presence of Xinjiang workers at Qingdao Tianyuan from as early as 2018 to as recently as May 2023. We have also obtained footage showing Xinjiang workers at Qingdao Lian Yang Aquatic Products Co. Ltd., a wholly-owned subsidiary of Qingdao Tianyuan, as early as April 2022 and as recently as April 2023. If there is anything else you'd like to offer in response to our findings, please do let us know."
Nina Yin, the General Manager of Qingdao Tianyuan, emailed: "In our previous email, we outlined our company's views and practices. I would like to reiterate and emphasize a couple of key points here:
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Qingdao Tianyuan Aquatic Foodstuffs Co. is a private enterprise, and we neither have knowledge of nor participate in any national labor transfer or poverty alleviation projects.
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Every single one of our company's employees voluntarily applies for positions, signs labor contracts, works willingly, receives fair compensation, and is paid monthly on time. We respect the rights of every employee, including their religious beliefs and lifestyle habits, including those of minority employees. We treat each employee well, continually improve their compensation, provide free meals, and offer clean, air-conditioned dormitories for their residence, ensuring a satisfying and safe working environment. We firmly believe this does not constitute forced labor, and we strongly oppose any form of forced labor, driven both by our ethical principles and our commitment to delivering high-quality products.
You mentioned that there are differences between China and the United States in terms of law and public perception. I'd like to say that as a private enterprise, we didn't know much before and it's hard to obtain such information. With all our capacity, we simply want to improve the lives of every one of our employees and their families, produce good quality products, and provide added value to the customers who entrust us. We have a genuine love and strive for our work, our industry, our employees, and our customers. The United States is also a major supplier of our raw materials. We have no intention of getting involved in any political disputes, nor do we want to be swayed by differences in perspective between the two countries. Through the recent communication between us, we recognize the varying views on the matter of Xinjiang workers. To dispel any of your misunderstandings and alleviate concerns for our customers and employees, we can confirm that we do not have a single employee from Xinjiang, and we do not intend to hire any employees from Xinjiang in the future. We hope that satisfy you and you will cease the spread of negative messages immediately and retract them. This will enable our company, our customers and all our employees to return to normal operation and life."
Nina Yin, the General Manager of Qingdao Tianyuan, emailed: "Through our recent communication, we hope that both of us have a clear understanding of each other's views and practices, and we believe that our response will help you understand our situation.
We agreed, as you have mentioned, that the misunderstanding is due to the differences in law and public perception between China and the United States.
We do hope you come and see the real side of the issue and the treatment of our workers by yourself, you will believe that our care for every employee is respectful and ethical. We have explained previously our corporate regulations and the nature of our company. All of our values apply to every single employee without discrimination and without force labor.
You will believe as well that we respect and share the objectives of The Outlaw Ocean Project and hold the responsibility for Environmental Protection, Social Responsibility and Sustainable Fisheries.
We are in a very difficult situation. Due to the allegation you sent to our customers, our customers and us are facing huge difficulty, including production stop, thousands of tons of products that cannot be delivered under contract etc. Most important of all, the impact of this allegation has caused immense difficulty for our employees to continue their livelihood. These are individuals who have families to take care of!
Therefore, with the information given, we are looking for our conversation to make a conclusion. Will you withdraw the allegation against our company? Or will you continue to make the allegation and spread the same word?
Appreciate your kind understanding and comments!"