The Organization of Laogai
The Laogai system was operated by the Ministry of Justice and controlled under the auspices of the Ministry of Public Security. The first type of Laogai, Convicted Labor Reform, is divided into three facilities: Prisons, Labor Reform Camps, and Juvenile Offender Camps. Additionally, the non-Laogai Detention Centers directly operated by the Ministry of Public Security function similarly to Laogai. All six facilities are established at central, provincial, prefectural, and county levels under the regional authorities of Departments of Public Security, Bureaus of Public Security, and Public Security Branches, respectively. The organization of the six facilities is summarized in the diagram below.
Based on annual reports from the Supreme People’s Court and the Supreme People’s Procuratorate to the National People’s Congress, at least 50 million people have been sentenced to Laogai; in 1994, when the system was abolished, 16-20 million sentenced prisoners were held in Laogai. However, the actual number of prisoners is greater as many were held without trial and sentencing.
Detention Centers
Detention Centers held prisoners who have yet to be sentenced or who were sentenced to terms of under two years. While Chinese law guarantees all prisoners trial and sentencing within sixty days of their arrest, there are untried prisoners who were held indefinitely in detention centers. While not part of Laogai, all detention center prisoners, sentenced or not, engaged in forced labor, making it similar to Laogai facilities. In 1994, when Laogai was abolished, there were 2,500-3,000 detention centers and 500,000-600,000 detention center prisoners throughout China. Today, detention centers are still operated by the Ministry of Public Security; however, prisoners are only held for a maximum of 20 days and do not engage in forced labor.
Convicted Labor Reform
Prisons, excluding the few secret prisons operated jointly at the central level by the Ministries of National Security and Public Security, held 13% of tried and sentenced prisoners. All prisons housed factories or workshops in which all prisoners were forced into labor; all prisons had an enterprise name beyond its numerical designation based on the labor their prisoners engaged in (e.g., Beijing No. 1 Prison was also Beijing Plastic Factory). Compared to Labor Reform Camps, prisons generally had higher levels of security. So, they held prisoners charged with greater offenses, dictated by Party regulations as “criminals sentenced to death with a two-year reprieve, counterrevolutionaries sentenced to life terms or terms of over five years, common criminals sentenced to terms of over ten years, and special cases such as spies, foreign criminals, and criminals with knowledge of classified materials.” In 1994, there were 1,000-1,500 prisons and 500,000-700,000 prison prisoners throughout China. Today, prisons are still operated by the Ministry of Justice, and prisoners still engage in forced labor; however, prisons no longer retain an enterprise name.
Labor Reform Camps held the other 87% of tried and sentenced prisoners as well as extrajudicial prisoners. They functioned similarly to prisons, with prisoners engaging in forced labor. Also, Labor Reform Camps were organized along military lines, with prisoners divided into squadrons, companies, and battalions; a Labor Reform Camp corresponded to a county-level authority. However, unlike prisons, Labor Reform Camps were not controlled at the central level, enabling provinces to customize Labor Reform Camps, at times against central regulations. While regulations dictated that Labor Reform Camps be reserved for prisoners with lesser offenses, the desert-abundant Qinghai Province and Xinjiang Uyghur Autonomous Region in western China established Labor Reform Camps with notably harsh conditions specialized in handling prisoners sentenced to death with a two-year reprieve or life terms. Less-developed Hubei Province in inland China established general brigades of Labor Reform Camps that corresponded to prefectural-level authorities. Meanwhile, some provinces did not adhere to the regulation of Labor Reform Camps having numerical designations, making it harder for identification purposes. So, while 990 Labor Reform Camps and 3-4 million Labor Reform Camp prisoners were identified in 1994, it is believed that the number is only one-fourth to one-sixth of the actual number.
Juvenile Offender Camps were functionally similar to Labor Reform Camps, and prisoners engage in forced labor and are organized along military lines. Juvenile Offender Camps resulted from the lack of central-level control over Labor Reform Camps. Some provinces created Juvenile Offender Camps while others did not. Some held prisoners between the ages of 14-18 years, and others held prisoners to the age of 25. In 1994, there were 50-80 Juvenile Offender Camps and 200,000-300,000 Juvenile Offender Camp prisoners. Today, people below the age of 14 are immune from all charges, and people between the ages of 14-16 face reduced charges.
Based on annual reports to the National People’s Congress, 20 million people have been sentenced to Convicted Labor Reform. However, during the political movements of the 1950s, the Great Famine (1959-1961), and the Cultural Revolution (1966-1976), people were arrested and sent to Labor Reform Camps without trial and sentencing. So, up to 30-40 million people were held in Convicted Labor Reform over 45 years.
Prisoners sentenced to counterrevolutionary charges or held extrajudicially during political movements are essentially political prisoners. They can be subdivided into three categories. 1) Landlords and Rich Peasant Counterrevolutionaries were sent to Labor Reform Camps extrajudicially during the Land Reform Movement (1949-1953) based on Maoist doctrine. In the 1950s, they constituted 10-15% of Labor Reform Camp prisoners and disappeared by the 1980s. 2) Historical Counterrevolutionaries were sent to Labor Reform Camps extrajudicially during the Campaign to Suppress Counterrevolutionaries (1950-1953). Anyone who had served in the Kuomingtang regime at any level, even as an ordinary staff or Party member, was considered a Historical Counterrevolutionary and could have been sent to Labor Reform Camps. In the 1950s, they constituted 50-60% of prisoners; in 1994, 20,000-30,000 are still held. 3) Active Counterrevolutionaries were tried and sent to Labor Reform Camps and prisons. During political movements from the 50s to the 70s, they were also sent to Labor Reform Camps extrajudicially. I found no relevant data on this population of prisoners. The first two categories of counterrevolutionaries were abolished in 1994 with the Laogai system; active counterrevolutionary activity was a crime until 1997. Today, political prisoners in China are charged with other crimes or held in secret prisons.
Reeducation Through Labor
Reeducation Through Labor Camps, like Labor Reform Camps, was not subject to central-level control. However, instead of holding counterrevolutionary and common criminals, they held “ideological reactionaries” and “anti-socialist elements.” Its prisoners did not commit illegal actions but were deemed by relevant authorities as needing to be subject to control. Since its prisoners could not be tried or sentenced for any charges, Reeducation Through Labor Camps was completely extrajudicial. Provincial differences in organization resulted in independent Reeducation Through Labor Camps and Reeducation Through Labor Camps integrated into Convicted Labor Reform camps as a battalion. 30% of Reeducation Through Labor Camps was integrated. In 1994, there were 400-600 Reeducation Through Labor Camps and 3-5 million Reeducation Through Labor Camp prisoners.
Since Reeducation Through Labor was completely extrajudicial, Departments of Public Security, Bureaus of Public Security, and Public Security Branches did not submit reports to the courts and the procuratorate. So, there is no official documentation on the total number of Reeducation Through Labor prisoners throughout China. Laogai scholar Harry Wu estimates that “at least 20 million people” were held in Reeducation Through Labor camps over its 45-year existence.
The “ideological reactionaries” and “anti-socialist elements” held in Reeducation Through Labor Camps were considered “less serious” than counterrevolutionary activities. Usually, this meant that they had no obvious political goals or plans, and the influence of their actions did not extend beyond a personal sphere. However, since these people are held for the same reasons, they were also political prisoners.
Forced Job Placement
Forced Job Placement Camps were battalions within Labor Reform Camps and Reeducation Through Labor Camps that held prisoners who have completed their terms. Once a prisoner completes their term, either the Labor Reform Camp or the Reeducation Through Labor Camp can request forced job placement from the local Public Security authority without the consent of the prisoner. This convenient process resulted in an increase of Forced Job Placement prisoners continually increasing, at times outnumbering the prisoners still serving their term. In 1994, 8-10 million people were placed in Forced Job Placement Camps.
Forced Job Placement Camps were first established in 1954 to indefinitely confine Laogai prisoners. However, its prisoners were technically free citizens. So, there is no official documentation on people held by Forced Job Placement Camps. Harry Wu did not estimate how many people were held in Forced Job Placement Camps throughout their 40-year existence.