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IRENE/Clean Clothes Campaign Seminar
Report on seminar 'Workers' Education
and Information on Codes of Conduct'
13-15 December 1999
Mulheim an der Ruhr, Germany
After months of intensive prepartion the IRENE seminar on worker
education and information on codes of conduct took place on December
13-15 1999. The organizers and participants felt it was a pressing
issue, since very little workers' education on codes of conduct
is being carried out and yet, without the participation of workers,
codes cannot be successful in improving workplace terms and conditions.
The issue is relevant to advancing all the related debates on code
content, monitoring, independent verification and labour rights.
Participants brought with them experiences in specific programmes,
some more on education or awareness raising, some more on campaigning
and monitoring . As the written introduction to the seminar said,
"It is crucial at this stage in the codes and monitoring debates
that the relatively small circle of well-informed, active organisations
is expanded to include organisations that are knowledgeable on educational
issues and practices. In the context of codes and monitoring discussions,
'training' and 'education' are emerging with such frequency and,
in some cases lack of content, that they take on the appearance
of buzzwords."
The conference was organized by IRENE (International Restructuring
Education Network Europe) and the Clean Clothes Campaign.Thanks
to the Evangelische Akadamie we could stay in elegant and comfortable
surroundings, and there was even snow to play in.
The key aims were at the end of the seminar to have a better understanding
and ideas on:
- Methods of education
- The context in which educational programmes on codes should
be conveyed
- Who should be the participants in such programmes
- Who should be giving them
- Where they should be given
- The content of such educational programmes.
Some 45 people took part in the seminar. Most are active in the
Clean Clothes Campaign Network. About one third came from trade
unions, women workers' groups and networks, and worker education
bodies. These included participants from Australia, Hong Kong, Indonesia,
Pakistan, Philippines, Netherlands, Nicaragua and the UK, as well
as five international federations/networks. European participants
came from solidarity-, development and womens' organisations from
Austria, Switzerland, Belgium, France, Germany, Netherlands, and
Sweden. There were also representatives of the anti-sweatshop and
students' movements in the USA, several researchers and the interpreters,
whitout whom the work would have been impossible! The vast majority
of participants were women. A full participant list as well as a
the programme can be found at the end of this report and at the
CCC website, http://www.cleanclothes.org/codes/edu.htm
The conference organizers were very happy to bring together such
a wide range of organisations and individuals with a wealth of experience
in the field of campaigning on corporate responsibility. They were
disappointed, though, that no organisations from Eastern Europe
or Africa were present, despite efforts.
The aims and agenda of the seminar, and suggestions for participants
and outputs, had been drawn up by an international steering committee
who had put in a lot of effort over a number of months by means
of email and fax. The organisers were especially grateful to three
- Lynda Yanz, Kelly Dent, and Angela Hale - who gave a lot of advice
and ideas and yet were not able to attend. Please find at the end
of the report a full list of the steering committee members.
A separate resource guide listing materials that participants
brought along or that were suggested while preparing the seminar
can also be found at the end of the report. It is also available
from the CCC website, and many of the materials mentioned in the
list can be downloaded.
Day One
Welcome and Introduction
Ineke Zeldenrust welcomed all the participants on behalf of the
Clean Clothes Campaign and IRENE. The CCC, she said, realises that
more energy must go into informing workers and workers' organisations
about company codes of conduct and the rights that they contain.
Workers need to be in a position where they know enough about codes
that they can decide whether they want to use them as a tool to
improve their rights, or whether in their own situation this would
be a retreat. They need to be able to decide for themselves if they
want to be involved in code monitoring exercises and consumer campaigns.
Workers hear about codes of conduct more often from companies than
from trade unions, women's organisations, and other NGOs. Why? Is
it a lack of capacity in our organisations? How can we change this?
What is needed to bring more educational opportunities to workers
affected, and how can this best be done? These would be the themes
of the seminar.
Session 1: The Women Working Worldwide Codes Education Project
The seminar opened with a concrete example of workers' education
on company codes of conduct. As yet, not many organisations provide
this type of educational opportunity for workers. Women Working
Worldwide, a small network based in Manchester, the UK, is one that
has.
Celia Mather, who wrote the basic educational materials for the
WWW project, spoke about how it was conceived and is being implemented.
She was followed by presentations from groups in Asia and Central
America where the materials have been used among workers.
Celia Mather drew a distinction between 'education' and 'training'.
For her, education is a process whereby people learn about something
in order to draw their own conclusions. Training, by contrast, provides
information and skills for a particular purpose. If we are engaged
in education, then workers can choose for themselves whether they
wish or not to be involved in a code of conduct. This is different
from training programmes which aim to involve workers in an agenda
that has been developed elsewhere.
WWW is interested in promoting properly monitored codes of conduct.
In the UK, WWW is involved in the Ethical Trading Initiative, which
is a round-table discussion involving companies, trade unions, and
NGOs on the ethical responsibilities of companies. WWW is also,
through Labour Behind the Label in the UK, part of the Clean Clothes
Campaign network.
However, codes are mostly being developed in a top-down process,
tending to involve workers in a passive way. WWW believes that unless
workers are fully involved, codes are not worth pursuing. The work
on codes must be aimed at strengthening workers' own organisation.
Education programmes on codes should be designed to this end.
WWW felt so strongly that worker education on this issue was needed
that it started an education project, initially with very little
funding. WWW first consulted twelve partner organisations in Asia,
and based on their replies drafted the Education Pack: 'Company
Codes of Conduct: What Are They? Can We Use Them?' (July 1998),
with funding from the British Government Department for International
Development (DFID). The materials, which include facilitators' notes,
are aimed at worker activists rather than unorganised workers. They
deal mostly with the garments, sportshoes, and toy industries.
The materials were then translated and used in pilot projects by
groups in six Asian countries: Bangladesh, India, Indonesia, Pakistan,
Philippines, and Sri Lanka, followed by an evaluation seminar in
Sri Lanka in December 1998. Meanwhile, the Central America Women's
Network (CAWN) coordinated a similar education and consultation
project in six countries in Central America: Costa Rica, Dominican
Republic, El Salvador, Guatemala, Mexico, and Nicaragua, with an
evaluation seminar in Nicaragua in May 1999. Reports of the evaluations,
along with the Education Pack, were circulated at the seminar, and
are available from WWW.
The project encourages workers to think about their place in the
global production chain and to find out more, for example by looking
at the labels of the goods they produce. The Pack describes the
different types of codes of conduct that exist, and suggests ways
for workers to find out if there is a code that applies to their
company. It encourages workers to draw up their own list of demands
and compare this with what codes say. It looks at ways of building
local and international solidarity to win support for workers' rights.
The pilots faced the usual problem that workers have little time
for education, and many workers fear that they will lose their jobs
if they get involved. WWW was very impressed with the hard work
done by the groups in translating, printing, and piloting the materials
despite, for example, the worst ever floods in Bangladesh and the
political turmoil in Indonesia.
In all six countries in Asia, most workers found it an exercise
worth doing. Most had had no opportunity before to think about their
role in the global production chain. Workers were often shocked
to find out that a code applied to their workplace. They were also
often surprised to learn that they are not the only workers in a
difficult situation. They were interested to learn about the strategies
of other workers and the consumer movement. In Indonesia, the sessions
involved activists from six factories that were not unionised. Afterwards,
WWW learnt that unions were formed in two of the factories, with
the workers who had been at the education sessions elected as union
leaders.
The evaluation in Asia concluded that education on codes is important,
not because workers see codes as important but because of the increasing
adoption of codes by companies. Discussion on codes can lead into
wider issues of workers' rights and sub-contracting chains. However,
if the education programme focusses too heavily on codes there is
a danger that workers can be misled into thinking that codes are
the key strategy rather than just one possible tool that they can
use to defend their rights.
Work on codes needs to be set in a wider context of the various
strategies to win recognition for workers' rights. Therefore, WWW
has just produced two draft booklets: a brief 'Pocket Guide to Workers'
Rights' which is for workers for whom rights is a relatively new
issue, plus a longer 'Handbook on Workers' Rights in the World Economy'
for workers who wish to know or discuss more. These are being piloted
and evaluated in early 2000. Codes of conduct are mentioned in these
booklets as one tool among several.
Education programmes have to be simple, because workers have very
little time. There is also a tendency for workers to concentrate
on their local situation and not incorporate the global perspectives
unless the facilitator encourages them to do so. Therefore the training
of facilitators is very important.
Through this initial education programme, WWW has seen capacity
being built, even after just one year. Both the Ethical Trading
Initiative and the monitoring company Verite are proposing activities
in Sri Lanka and WWW has confidence that workers there will now
be able to better assess for themselves if and how they wish to
be involved.
The Working Women's Organisation (WWO) in Lahore, Pakistan, is
one of the six groups in Asia which has been involved in the WWW
project. Simy Gulzar from WWO reported that it is very difficult
for workers who work 12-17 hours a day for very little money to
think about organising themselves. Many in Lahore are in small units
rather than big factories. Most read and write but some do not,
and so facilitators need to do a lot of verbal explanation.
In Lahore, they first began with a discussion on how to protect
workers rights when unions are being weakened and there is a fear
that company codes of conduct will be put in their place. So the
WWO set their discussion of codes into a wider one on trade unions,
labour laws, and transnational corporations. They did not want to
emphasise codes of conduct because it was unclear to whom you would
turn if you found that a company was violating a code. Many workers
were at first not excited by the issue of codes. However, after
the training in collecting labels they came to understand more about
the global production chain and that codes were able to be a tool
to attain workers' rights.
When the WWO tried to organise a follow-up workshop, however, it
was difficult to attract those who had attended before because many
of them were now out of work again. Many workers have only temporary
jobs. Also, there is hostility from some religious groups, who allege
such workshops are the work of foreign groups out to disturb Pakistan's
prosperity. In early 2000, the WWO is planning to continue discussions
with the trade unions (through the All Pakistan Trade Union Federation),
the Labour Department, and some company managers.
The Maria Elena Cuadra Women's Movement for Employed and Unemployed
Women (MEC) in Nicaragua was one of the Central American organisations
which took part in the WWW programme. However, as MEC representative
Josefa Rivera described, in Nicaragua the women workers' movement
had already developed their own campaign for workers rights, including
a Code of Ethics developed by women workers themselves that has
now been adopted by the Ministry of Labour and has legal status.
Since 1990, the workers in Nicaragua's export processing zones
(EPZs) had experienced a lot of abuse and cultural conflict with
the owners of the factories who are from countries such as Taiwan.
There were a number of strikes, but also difficulties within the
trade union movement which led to the formation of a separate women
workers' movement. Josefa said that they received very useful support
from campaigns in the North who asked how they could help. "We
don't want boycott campaigns. We want the companies to stay open",
the Nicaraguan workers told them.
MEC ran a campaign called 'Jobs with Dignity', which gathered 30,000
signatures from workers and the community. The campaign had a strong
educational component and women workers were brought together to
develop a Code of Ethics. In the next stage of the campaign, they
successfully got the Labour Minister to adopt the Code of Ethics
as a Ministerial Resolution. Also, over 20 employers signed it.
So it is now enforceable law, and their efforts are leading to legal
reform of the laws governing EPZs. These legal achievements give
workers more confidence to be active in claiming their rights.
However, there are still violations, including the firing of pregnant
women and union organisers. So, campaigning and organising continues.
Relationships with the trade unions have improved. Out of nearly
18,500 workers in the EPZs, 5,000 are involved in worker education
projects, and 200 women have been especially trained in the Code
and labour rights, handing out leaflets to workers to inform them
of their rights. Further research among 2,500 women workers showed
a need for more information on health and safety. About 150 workers
have been trained, and they distribute manuals and leaflets that
include free condoms.
The Central America Women's Network (CAWN), based in the UK, is
a member of the CCC network and facilitated the workshop in Nicaragua
in May 1999 which brought together workers' organisations from six
Central American countries to discuss codes of conduct. Jane Turner
of CAWN reported that many workers in Central America had never
heard of company codes of conduct, did not know if a code applied
to their factory or not, and had little knowledge even of labour
laws. In the few cases where factory workers knew there was a code,
it had been just stuck to the factory wall, untranslated. Many workers
were worried that organising activities would cause the factories
to leave their country.
Participants at the Central American workshop thought that there
should be workers' committees to monitor codes, but also that governments
should play a more active role since existing labour protection
laws are not being implemented. They felt that public and international
support are vital to achieve better working conditions, but direct
contact with the workers is even more crucial. If there are professional
monitors, they must have the trust of the workers, and the process
must be carried out with absolute transparency. The workers definitely
do not want monitors who do not have their trust. They recommended
more training and exchange of experiences of monitoring, and the
development of a regional strategy on monitoring.
As Celia Mather noted, in concluding the session, the cases of
Pakistan and Nicaragua show how different the situations and experiences
can be in different countries. In Pakistan, it could be said that
the WWW education project brought something new, whereas in Nicaragua
there was a high level of mobilisation of workers who had already
produced their own Code of Ethics that had become legally recognised.
This, she said, shows how the work of Northern organisations does
not exist in a vacuum, and we must be careful to collaborate in
a way that is sensitive to the real conditions and needs of workers
in each place.
Session 2: Small Groups: Worker Education and Codes of Conduct:
Content and Context
The participants went into six small groups to get to know each
other better and focus on the themes of the seminar, by sharing
information on their work. They discussed:
- What opportunities their organisations have explored for worker
education on labour rights and codes of conduct.
- What their successes have been.
- What have been the obstacles and how they are overcoming them.
They considered especially:
- Who are their key target groups for education programmes and
why
- How they have developed their relationship with them, and what
responses they received from them
- What issues they focus on
- What issues areraised by their key target groups and how their
education programmes respond to them
- Resource/funding issues.
In plenary, the groups reported that the following ideas had been
raised:
- Target groups should be specific for the education to be effective
(for example, workers in the same company or industry).
- Participants should ideally come from and be treated as members
of an organisation rather than individuals; and organisational
support sought for the education programme.
- It is important to find ways of involving homeworkers.
- Other target groups include women, migrant workers, and activists
seeking support.
- There is a need to bring together workers in the whole chain,
that is, in both production and retail.
- The topics raised should be linked to the workers' local situation.
- The education should be practical so that workers take away
something concrete.
- The education should recognise that workers in the North and
South have common problems and gains, overcoming the North-South
division.
- It should address the various identities of workers; for example,
workers are also consumers.
- Workers' formulating their own demands is not new; codes of
conduct are.
- Codes are a tool, not an end in themselves. Codes should not
let governments off the hook of implementing labour law.
- Methods used include: peer training, study circles, introducing
the topic into other courses, e.g into language classes for migrant
workers.
- Do not assume that all participants will become confident enough
to educate others.
- Language differences are a major obstacle.
- Companies are becoming more involved in programmes to educate
workers on their codes of conduct.
Day Two
Session 3: Case Studies of Educational Programmes and Support
for Capacity-Building
Suprihatin is a woman garment worker from a new trade union in
Indonesia called SESBUGAR, or 'Solidarity with Garment Workers'.
It was formed in 1997 and is affiliated to the ABG-TEX Association
of Garment and Textile Workers' Unions, which is a section of the
new GSBI Federation of Independent Trade Unions. They have been
supported in their efforts to set up independent worker-led trade
unions by SISBIKUM, an NGO.
Indonesian workers face difficulties from company managements,
the Government of Indonesia, and the security forces such as the
police and military. The poor working terms and conditions in garment
factories are very serious. In her factory, they have been struggling
to have their trade union recognised by the management. Even though
their union is legally registered, management only wants to deal
with the 'official' trade union, SPSI, which many workers feel does
not represent their aspirations and is still, despite reforms, inclined
to defend companies rather than workers.
Indonesia has many labour laws and has recently ratified ILO Convention
No.87 on the Freedom of Association and Protection of the Right
to Organise. However, the Government does not respect them, Suprihatin
explained. The new Minister of Manpower is Bonar Pasaribu, former
head of the official trade union and well-known for his corrupt
practices. For example, he allowed the workers' social insurance
fund to be wrongly used to help bring in a repressive Manpower Bill.
Workers feel that as SPSI head he held back workers' rights and
fear that if he stays as Minister conditions may get worse.
In Suprihatin's factory, 500 workers were recently sacked for joining
the trade union she belongs to and going on strike because the factory
refused to negotiate over prayer time, menstruation leave, a transport
bonus, housing assistance, and problems with the social security
funds. The workers receive Rp.230,000 per month (about US$40) which
is not a living wage. Suprihatin and another union leader have not
been allowed back to work and have received no pay for five months,
even though they are not sacked. A chronology of the dispute is
available.
Some of their production is contracted to the European retail chain
C&A, which has a code of conduct, and two German firms. During
her visit to Europe, Suprihatin met with these companies to discuss
the non-implementation of C&A's code of conduct and the responsibilities
of the German companies in the ongoing labour dispute.
As part of its activities, Suprihatin's union runs an education
programme. This is difficult, she explained, because workers have
low education levels. They have to start from the beginning to learn
about their rights. Companies try to interfere with the education
sessions. They use spies and tell the police, who then break up
the meetings. So the union has to take precautionary action. The
union also has few funds as it depends on the small dues which the
workers can afford to pay.
Codes of conduct can be useful in the Indonesian situation, according
to Suprihatin. They are a way of putting pressure on the companies
and government. However, Indonesian workers have yet to establish
their right even to bring management and government's attention
to the codes. The military still intervenes in the factories, either
directly or through hired thugs.
Girlie Guzman of BATU, the Asian regional organisation of the World
Congress of Labour (WCL), made a presentation on their 'BATU Norm'
capacity-building programme. This is aimed at "building a culture
of human rights among trade unions and the social environment",
particularly among the 2-2.5 million workers in Asia who are in
BATU affiliated trade unions. They have a fundamental assumption
that if labour rights are to be extended, there needs to be education,
a change in society at large, and the unions must become proactive.
In phase 1 of the programme which started in 1995, they
concentrated on the ILO Core Conventions, and the issues of a living
wage, and just and humane conditions of work. They brought together
'link persons' from each country for a regional seminar, followed
by a national seminar programme in each country to discuss ILO standards
and their relationship to national labour laws, and how to address
violations.
In phase 2 , during 1998, the emphasis was more practical
and focussed on several concrete issues: child labour (BATU was
one of the co-organisers of the Asian section of the Global March
on Child Labour), the ILO Declaration on Rights at Work, migrant
labour, and 'cyber-advocacy' (using electronic communications).
In phase 3 , the emphasis will be on advocating better laws
and the development of legal assistance, for example by training
workers to handle cases in court. They want to see more worker representation
on the boards of export processing zones. For public support they
have planned petitions, pamphlets, and stickers, which request common
action. At an international level, they intend to bring more complaints
to the ILO.
BATU became involved in the Clean Clothes Campaign through its
relationship with groups in Belgium (where the WCL has its headquarters).
BATU encourages networking between unions in the garment sector
and with other groups. It also tries to mobilise public support
for garment workers. For example, in the Philippines, the FFW trade
union has developed a radio programme and educational materials
such as comic books and posters. The FFW is working with the Clean
Clothes Campaign and has organised core groups of union activists
to undertake monitoring. These volunteers will gather information
on factories and sub-contractors, and monitor the situation of workers.
Girlie said that the issue of piece-rate workers is very important.
Many companies violate standards.
Also at the seminar was a Filipino NGO called Convergence which
is working on an education/information programme with the CCC. There
are now plans for Convergence and the FFW to work together on codes
monitoring and workers' education.
Session 4: Workers' Education and the Right to Organise
In any educational exercise on codes, the right to organise needs
to be dealt with thoroughly. If this right is not upheld, codes
will not lead to a substantial improvement for workers, but may
be misused and manipulated to prevent the formation and functioning
of trade unions. Astrid Kaag of the Dutch union federation FNV chaired
this session. Building on the previous sessions, she asked a number
of questions of the speakers:
- In the case of Nicaragua, what is the relationship between
the legal Code of Ethics and trade unions and collective bargaining?
- What can be done in countries such as China where there is
no legal right to organise independent trade unions?
- In a country like Indonesia where trade union rights are weak,
do codes actually help in organising workers?
Josefa Rivera said that the significance of the Code in Nicaragua
is that it came from the workers themselves. It reflects their needs.
The existence of the Code, plus the campaigning, the education/training
programme, and the international solidarity, have all given the
workers a sense of mutual solidarity. Workers are no longer afraid
to speak out. On 31 January 1999, 1,300 workers met with the Labour
Minister and several employers. Since a difficult strike in 1993
when many workers were injured, workers in the EPZs have now become
much more confident. Also the relationship with the trade unions
is now good. The MEC has been meeting with the unions to see how
the code and union collective bargaining fit together.
In Indonesia, according to Suprihatin, codes are a tool to put
pressure on companies and government. Over the past year, they have
met four times with government to assert their right to organise.
"Mostly we get promises about 'tomorrow' but tomorrow never
comes. They do nothing to implement what they agree with us",
she said. So, the union hopes that codes and international support
can help to bring extra pressure. "We need international solidarity
because our situation is so difficult."
Alice Kwan of the Hong Kong Christian Industrial Committee (HKCIC)
spoke about the situation in China. She regretted the fact that
there was no Chinese worker present to tell their own story. China
is a socialist country which should support workers' rights but
does not. Workers can only join the official trade union, and representatives
are picked by management. Workers are not allowed to organise for
themselves. Most workers have no knowledge of what a trade union
should do, or about Chinese labour laws or company codes of conduct.
Where workers in China know about a code, it is because the company
has taught them about it. This leads many workers to think that
it is a set of rules that they must abide by, a punishment mechanism,
Alice explained, rather than something that should protect them.
For example, HKCIC has evidence that managements use the social
accountability standard SA8000 to pressure workers to work harder.
Under SA8000 workers should have maximum workweek of 48 hours, and
no forced overtime, and this is what managers tell SA8000 they are
implementing. But in reality the workers are pressured into doing
in 8 hours the quota that they used to do in 12, and if they cannot
then their wages are cut. This despite the fact that they are entitled
to a living wage under the SA8000 standard. Or workers believe SA
8000 is about hygiene, as they are ordered to clean the floors to
meet the standard. The SA8000 certification is seen as a 'prize'
to be won for the company if the workers help the management, Alice
reported. If they do not win, they are told it will bring great
shame. Management hangs banners around the factory compound saying
'We Should Get the SA8000 Certificate!'
A number of transnational corporations have approached HKCIC for
help in implementing their codes. However, "There will never
be an effective code of conduct unless the workers can monitor and
implement the code themselves. Before that can happen they need
education in workers' rights", said Alice. HKCIC is a member
of Labour Rights in China (LARIC) with three other organisations.
LARIC's top priority is to enhance workers' organization. Worker
education is a tool to empower them to be organized. Their strategy
for education work in China is to start with health and safety issues,
as this is somewhat tolerated by the Chinese authorities.
Steve Grinter of the International Textile, Garment and Leather
Workers Federation (ITGLWF) stated that codes are no substitute
for trade unions. But even 100% organisation is of no use if it
is not democratic, as China shows. There must be representivity,
democratic accountability, and self-reliance.
Codes can be a useful tool in the process of strengthening unions.
However, many codes are nothing more than window-dressing for the
TNCs, produced hurriedly under pressure, and often just a publicity
stunt for marketing purposes. The key for defending workers rights
is collective bargaining and codes of conduct are largely incidental
in this process. In factories in Indonesia, the Nike code of conduct
is handed out to workers. Yet Nike keeps on trying to bring down
the price of labour.
Organising in the clothing sector is notoriously difficult, said
Steve. There is no need for heavy investment in production sites
and many plants are not owned by the TNCs, and so it is easy for
companies to shift from one place to another. Therefore, many workers
associate calling for their rights with losing their jobs. A new,
international approach to organising is called for. In Central America,
for example, the ITGLWF has been helping to build clandestine worker
organisations, a method that was used by established unions in their
early years. One of the key aims of the new organizing efforts is
to make sure that employers have no safe havens, such as Export
Processing Zones, where they can avoid national labour legislation.
The help of NGOs and consumer campaigns, such as United Students
Against Sweatshops, has been very useful, Steve added.
The ITGLWF has a new project to explore the possibility of reaching
collective agreements with selected TNCs at the global level, Steve
explained. They are currently researching the 50 top TNCs in their
sectors to identify possible candidates. They also have a campaign
to include certain clauses in collective bargaining agreements CBAs,
especially against the use of under-age workers. CBAs are more effective
than codes of conduct because they are signed by both parties, and
are therefore easier to police.
Dwight Justice of the International Confederation of Free Trade
Unions (ICFTU) said we have to be careful what we mean by 'codes
of conduct'. They are many things to many people. Different kinds
of codes require different responses.
What is new in the 1990s is that some TNCs have brought in codes
which apply to all workers, not only their own employees. Codes
came about because of the failure of governments to promote legislation,
Dwight explained. However, there are only two ways in which workers'
rights are protected: good legislation properly enforced, and good
worker organisation. All codes have to be evaluated against this,
whether they promote government legislation and/or intergovernmental
labour standards. Many codes avoid the issue of freedom of association,
though more are now including ILO standards, after pressure from
NGOs and unions.
It is better if a company code is limited to minimum standards,
not elaborate prescriptions. The details should be dealt with by
collective bargaining, which is a fundamental right. Codes can become
a substitute for unions where they are part of a 'human management'
strategy which sees unions as 'old-fashioned' or representing 'conflict'.
Companies shop around for NGOs as partners so as to avoid unions.
This creates an illusion of dealing with someone other than the
TNC itself. The issue is, who speaks for the workers? The ICFTU
position is that only representative and democratically-controlled
trade unions can do this, because they are the organisations owned
by workers.
Codes can help workers to organise where unions are weak or non-existent.
However, to be successful, codes need the workers to be involved,
and this presupposes some existing level of organisation. Dwight
saw this as somewhat circular. However, he concluded, the main way
in which codes can be useful is to give some leverage to create
space for workers' self-organisation. Whether this happens or not,
unions have an obligation for their members and for unorganised
workers to be in on the debates. NGOs should ask in all forums,
"What about the unions? Why aren't they here?" However,
later some participants added that trade unions do not always want
to be involved.
Alana Dave asked whether there are examples where codes have been
used positively to assist workers to organise. Dwight Justice said
there are very few examples as yet. The Trade Union Congress of
the Philippines used a retailer's code to counteract the anti-union
campaign of a sub-contractor. But such cases are relatively few.
A number of international trade union bodies (ITSs) are reaching
global agreements with individual companies. For example, the international
union for workers in the food, hotel and catering industries, the
IUF, has a global agreement with the French hotel chain Accor, which
gives all workers in Accor hotels the right to organise. In some
ways, these framework agreements resemble codes of conduct, he said.
Celia Mather agreed that there might be a contradiction: it is
said that codes should be a tool to help workers to organise, and
yet adequate monitoring of a code demands a fairly high existing
level of worker organisation.
Johanna Piven of the Clean Clothes Campaign in Sweden asked how
we can deal practically with employers who have signed a code and
yet are unwilling to implement it. What are the mechanisms to make
them comply?
Session 5: Tools for Education
This session looked at some methods for carrying out workers' education.
It focussed on 'study circles', including a way of using the Internet
to stimulate exchange and collaboration between study circles in
different countries.
Steve Grinter explained that the study circle method is one commonly
used by trade unions. The ITGLWF encourages its affiliates to use
it. In their case, the study circles are usually formed among workers
at the factory level, typically in ten sessions over ten weeks,
and on the employer's premises if that can be negotiated. It helps
the workers get together to discuss issues and decide on action
in a structured manner. The programme itself is very low cost, and
self-reliance is an important element to study circles, Steve said.
In the Philippines, this method has brought together their various
ITGLWF affiliates to form a committee where they now work together
rather than compete. In Africa, affiliates take up the concept of
study circles very rapidly, whereas in Latin America it is slower.
It can take a while for study circles to become embedded, but when
they do it is a powerful weapon.
Alana Dave coordinates the International Study Circle Project for
the International Federation of Workers Educational Associations
(IFWEA). IFWEA has 52 affiliates worldwide, made up of trade unions,
international union bodies, and NGOs involved in workers' and informal
adult education.
The IFWEA recognised that there had been very little discussion
and education on globalisation, she explained. What there was was
rather abstract and did not match the reality of workers' daily
lives. The new challenge was to make both the methodology and content
of the education programme international. It is very expensive to
organise international seminars, and so they looked at using new
communications technology to bring together study circles in various
countries, focussing on particular topics.
The International Study Circles programme is structured and focussed
to make sure that it is coherent. The study circle in each country
decides its own participants, because IFWEA is conscious of the
link between education and building organisations. Each has its
own facilitator. The facilitators are brought together first to
draw up the content or curriculum so that it is suitable for everyone's
needs. Then the study circles are held involving 10-15 people in
each country. All the study circles discuss the same issues within
roughly the same two week period. The report of their discussions
is then e-mailed to a coordinating centre to put onto a special
web-site on the Internet. Before each session, each facilitator
downloads from the web-site the reports of the other study circles
for their group to discuss. In this way, the participants in the
study circles learn about and discuss each other's viewpoints.
Alana stressed that this is an education project, not a technology
project. Only one computer and access to the Internet are required
for each group, and this is used by the facilitator rather than
the participants.
However, the process has stimulated an interest in computers, and
the participants want access to the web-site so that they can use
it as a permanent educational resource. The method also requires
a technology centre to manage the web-site. The web-site does not
use pictures but text only, because of the limited technology available
in some countries. It is secured by a password so only those participating
can put materials on the web-site. However, anyone can read it.
The web-site is www.tsl.fi/ifwea/isc.
Two international study circles (ISC) have been held on TNCs, involving
about twelve countries (including Sweden, Estonia, the UK, France,
Germany, Spain, Kenya, South Africa, and the Caribbean, amongst
others.) Another one about to start focusses on women and the global
food industry. Others planned are on trade unions and the Asia-Pacific
economic crisis, and migrant workers. From Eastern Europe there
is a request for one on McDonalds. Alana suggested that this method
might be suitable for workers in a TNC or a production chain to
discuss a code of conduct and workers' rights.
ISC participants say that finding out what is happening in other
parts of the world is very stimulating. However, there are problems
to be solved. One is language. At present, IFWEA runs the web-site
in English, and then each country's facilitator translates. This
is a lot of work and much gets lost in the translation. Also, though
the aim is to build cooperation, the study circles have so far only
resulted in information sharing rather than long-lasting cooperation.
However, this may change if they bring together people with very
concrete links between them.
A number of people expressed interest in the international study
circle method, including Steve Grinter of the ITGLWF and Astrid
Kaag of the FNV, as well as the Clean Clothes Campaign. While recognising
there are difficulties in countries, such as China, where governments
do not allow freedom to access the Internet, Alana confirmed that
this is definitely not a 'game of the North' and can be adapted
to meet specific situations.
Session 6: Education in the Context of Monitoring Pilot Projects
This session looked at several code monitoring projects and whether
or how they are integrating workers' education. Reports came from
the United States, China, the UK, France and Central America.
Nikki Bas came from the USA to talk about Sweatshop Watch. This
is a coalition of 24 organisations including trade unions, women's
groups, immigrant rights groups, and community groups. It is based
in California where there are 160,000 garment workers.
Sweatshop Watch has also been involved in supporting the rights
of workers on the island of Saipan, part of the US Commonwealth
of the Mariana Islands. Saipan is located near Japan but is US territory.
On Saipan there are about 45,000 'guest workers', mostly from China,
the Philippines, Bangladesh, and Taiwan. They come on two-year work
permits, and cannot apply for US citizenship and so have no political
rights. The garment industry, which was set up there in the early
1980s and is mostly Asian owned, employs about 20,000 of these workers
and benefits from being exempt from US regulations such as the federal
minimum wage law.
Sweatshop Watch's strategy with regard to Saipan is to improve
working conditions, and to get the laws changed. They have filed
a series of lawsuits for unfair business practices. In one, they
have taken on eighteen retailers that sell garments from Saipan
but have advertised themselves as 'sweatshop free'. The trial is
forthcoming, but twelve companies have already decided to settle.
A second class-action lawsuit is being brought by 200 workers on
behalf of 50,000 current and past garment workers, for violations
of the US racketeering law.
In the settlement with the 12 retailers, Sweatshop Watch believes
they have achieved some important successes. The agreement includes
a code and a five-year monitoring programme. The social auditing
company Verite will be the monitoring body. "Our idea was to
create a monitoring body, but the companies wanted an auditing company.
Verite was the compromise", said Nikki. The reports from Verite
will be translated; there will be summaries and pamphlets. Complaints
can be received from any source. Workers can talk freely to Verite,
and workplace meetings will be held every six months with paid time-off.
There is also an 'exit plan' when monitors interview workers as
they go home. How the companies are complying with the code will
be independently assessed. Where violations are found, there are
three stages of action. Stage 1: Verite suggests a solution to the
company and gives a timetable. Stage 2: a probationary period. Stage
3: the ending of the contract.
Nikki explained that the Saipan workers will receive education,
even on recruitment, which will include training on the monitoring
standards and on US and Saipan labour laws. Verite is coordinating
the education/training programme, but it will be done by the hotel
workers' union on Saipan and overseen by a consortium involving
the US Department of Labour, the Occupational Safety and Health
administration, and the union.
Other issues agreed in the settlement include back-pay for overtime,
a ban on recruitment fees (or, where they are found, reimbursement
by the sub-contractors to the workers concerned), plus a ban on
shadow work contracts which are signed in the worker's home country
barring them from organising and even dating or marrying.
In answer to a question, Nikki explained that they are not proposing
that a garment workers' trade union is set up in Saipan, for several
reasons. One is that the workers speak many different languages.
Secondly, most workers fear it, having been told that if they join
a union the factory will close down and they will lose their jobs.
Carrie Brunk was also present from the United States to report
on the activities of the United Students Against Sweatshops (USAS).
Students on many US campuses have been putting pressure on their
college administrations to have and implement codes relating to
the companies which have a licence with them. These are often the
well-known sportswear companies who sponsor college sports teams.
It is a lucrative market worth about US$3-5 billion a year. About
175 campuses have been involved in the campaign.
Under this pressure, many universities have signed up to the Fair
Labor Association (FLA). However, this was formed by the companies
and has corporate-backed monitors and no public disclosure or living
wage provision. To combat this, the student campaign has developed
an independent monitoring body, the Workers' Rights Consortium (WRC).
So far four universities have joined this. The scheme will be financed
by the universities paying between US$1, 000 to 50,000 a year, which
is one per cent of the money that they receive from the sportswear
companies in licensing fees.
To develop their verification model, student delegations paid visits
to Nicaragua, Indonesia and the US-Mexico border to consult with
workers' groups, trade unions and NGOs. For technical expertise
they will work with organisations like Verite. There is also an
advisory board which includes trade unionists, organisations from
the garment producing areas and academics. The US trade union in
the sector, UNITE, is a member of the advisory board.
During the discussion, a note of caution was sounded. There is
some experience of Verite being hired in competition with independent
monitoring. According to Ingeborg Wick, Adidas hired Verite to do
an audit at a supplier in El Salvador instead of using the local
organisations united in GMIES (Grupo de Monitoring Indepediente
de El Salvador).
Next the seminar returned to a discussion of monitoring projects
in China and the problems and possibilities of workers' education
there. Johanna Piven of the Fair Trade Center in Stockholm said
that, before embarking on monitoring pilot projects, the Clean Clothes
Campaign in Sweden commissioned a number of pre-studies. In China,
the pre-study was carried out by HKCIC, who held interviews with
workers to find out, for example, who the workers would turn to
if they were facing workplace difficulties. (Other pilot studies
are under way in India and Bangladesh, including audits at two factories,
and these will be evaluated in March 2000.)
The next step for the Swedish independent verification project
will be to work more in-depth on worker education. They plan to
form mobile education teams, made up of five people - educators
and experts - which will bring education to the workers and the
official trade union, carry out interviews, and develop written
materials such as guides. They are also planning to have workshops
with Swedish employers to "inspire them, not just to enforce".
Alice Kwan spoke more about the collaborative project in China
between the HKCIC and CCC Sweden. They have just completed the pre-study
on the communication patterns of workers and what workers know about
the CCC Code of Conduct. Workers who are working on contracts for
Swedish retailers do not know about the Code. So, the Swedish retailers
have been asked to translate it and send it to the Chinese companies.
However, most Chinese workers will not know what the Code means
unless there is education. Workers in China seek help from their
relatives, the lack of trade unions and NGO's means they cannot
seek help with them. The Swedish companies say they support workers'
education but that it is "the work of the trade unions",
Alice reported. They seem resistant to worker education on the Code
that they have themselves signed. It is very difficult because without
the support of the companies, there cannot be successful education
inside the Chinese factories, and if this does not happen then the
CCC Code will be meaningless.
Labour Rights in China (LARIC) was involved in the pilot project
on garments in China with the Ethical Trading Initiative (UK). LARIC
felt it was essential to include worker training programmes into
the design of the pilot. The British company Littlewoods, which
is the company in the ETI to work on this part of the China pilot,
has said that it welcomes workers' education, but when the Chinese
suppliers to Littlewoods were invited to discuss it, they resisted.
It is not clear if it is possible to change the design of the pilot,
or to add a fifth pilot that would include worker training was not
possible at the time. So, for now LARIC is not able to go further
with the ETI project, Alice added.
Sumi Dhanarajan from Oxfam in the UK spoke more about the Ethical
Trading Initiative ETI. It is a British Government funded network
of NGOs (of which Oxfam is one), companies and trade unions. Companies
can join the ETI by signing up to the ETI's Base Code, which has
similar provisions to the CCC code and the SA8000 standard. The
ETI is not an endorsement or monitoring body. Its role is to start
building a consensus around workers' rights, and try to develop
best practice in monitoring through 'learning by doing'.
Three ETI pilot projects started up in 1999, in South Africa (wine
production) and Zimbabwe (horticultural products), as well as China
(garments). Within the garment pilot project, four very different
monitoring approaches were meant to be tested: an internal company
one, one using an auditing firm, one working with NGOs and unions,
and one using academics which they could not carry out. There are
other pilots in the pipeline in Costa Rica (bananas) and possibly
Sri Lanka (garments). So far, there has been awareness-raising among
workers, said Sumi, but no workers' education programme as such.
Dwight Justice, who attends the ETI on behalf of the ICFTU, added
that the ETI might evolve in various ways. The ICFTU is in favour
of the ILO becoming involved in monitoring issues, and how the ILO
responds will have a big influence on initiatives such as the ETI.
An important issue is that there must be no 'ethical labels' without
sanctions, and this means more regulation. It is possible that all
these discussions on codes are leading to enough consensus on company
accountability that regulation is now more of an option.
Celia Mather asked whether those involved in pilot projects on
codes assume that a code is a good idea in all situations and are
only concerned with methods of implementing it. Or do they ask the
fundamental question, 'Would a code be a retreat in this particular
situation?'
Stephanie Francois reported from the Collectif de l'Ethique sur
l'Etiquette, a network of 50 NGOs, trade unions and others which
is the Clean Clothes Campaign branch in France. They have been mainly
working with a big French retailer Auchan, and the French Federation
of Retailers FCD. Auchan signed a code in 1997 and they have lately
been running a training project for purchasers.
The current plan is that the SA 8000 standard and guidance will
be used as a tool to monitor several suppliers of Auchan in Madagascar.
The Collectif's main concern is how to develop reliable audits.
For this, it is essential to involve organisations in the South,
Stephanie said. Following a visit to Madagascar in March 1999 with
an Auchan representative, they are collaborating with the FMM trade
union and IREDEC, an NGO working on labour rights' awareness, on
a possible monitoring programme.
The final presentation in this session was from Ronald Kopke from
the Information Center El Salvador in Germany, which is a partner
in the Clean Clothes Campaign in that country. He was standing in
for a representative from CODEMUH in Honduras who was unable to
make the seminar.
CODEMUH is a women's NGO that has been working in the north of
Honduras where, since the late 1980s, a large maquila assembly industry
has grown up, producing garments entirely for the US market. About
100,000 workers (90% of them women) work in about 230 factories
in 11 zones. There is evidence of homeworking, particularly assembling
baseball equipment. In the mid-1990s there were many strikes, involving
28,000 garment workers.
CODEMUH is also (along with MEC from Nicaragua) involved in RED,
the Central American Women's Network in Soldarity with Maquila Workers.
RED has contact with various North American and European campaigns,
including the CCC, but it has a critical attitude towards Northern
organisations following some poor experiences. It also has a critical
attitude towards male-dominated trade unions. RED has a Code of
Ethics (Codigo de Etica, the same as used by MEC in Nicaragua),
and is establishing Independent Monitoring Groups which could become
partners in monitoring systems that come in through, for example,
SA8000 or the Fair Labour Association (USA). Already one pilot has
been done for the company Liz Claiborne involved in the FLA.
As CODEMUH is involved in both the workplace and the community,
Ronald explained, this shapes both the location and the content
of their workers' education programme. High priority is given to
education on national labour law and how to use it. Education on
women's rights (domestic and other violence, self-confidence, etc.)
is also important. CODEMUH is just beginning an information campaign
on the Code of Ethics.
Evening:
In the evening, some participants gathered to exchange more detail
about experiences and views on codes monitoring projects.
Others watched videos brought by participants:
- Pamela Curr introduced '20 Pieces' a video of produced by the
Fair Wear campaign in Australia. It shows the situation of Australia's
thousands of homeworkers, and the campaign for their rights including
the vibrant street demonstrations that have brought pressure on
Australia's high street stores to improve working conditions for
those who produce their garments.
- Alice Kwan of the Hong Kong Christian Industrial Council showed
a video on the plight of some workers in China injured during
a factory fire in 1993. It is an example of how we cannot necessarily
trust companies to fulfill voluntary agreements. The Zhili factory,
where the fire killed 87 workers and injured 47, was producing
toys for an Italian company, Artsana S.p.A/Chicco. Since 1997
Artsana/Chicco has offered 300 million liras (15.000 Euro) in
compensation to the victims and their families. However, to date
none of the victims has received any of it. In late 1999, HKCIC
and others in Hong Kong were outraged to learn that the money
has been used for unrelated purposes on the excuse that the company
does not have a complete list of the victims. Many of the Zhili
victims have appalling injuries and still suffer great pain. They
do not have a free trade union to fight for their rights. It will
be extremely difficult to bring the company to court in Italy
or China for going back on its promise to compensate the victims.
Campaigners in Hong Kong see public campaigning and consumer pressure
in Europe regarding this case as once again necessary. Information
is available from: www.hknet.com/~hkcic
Day Three
Session 7: Homeworkers and the Relevance of Codes
This session looked at the relevance of company codes of conduct
for homeworkers, the most invisible and often one of the most oppressed
sections of the workforce, and what kind of campaigns and education
programmes might be appropriate to help them achieve their rights.
Sharing information on international level is very important especially
because increasing levels of homeworking is having an impact on
factory-based work everywhere.
The session was chaired by Yvonne Fijneman from the India Committee
of the Netherlands, one of the organisations active in the Dutch
CCC. In the week before the seminar she had toured the Netherlands
with a representative from the Self-Employed Women's Assocation
(SEWA) who unfortunately had to return to India unexpectedly and
so could not take part in the seminar.
First, the participants were treated to a 'fashion parade', with
the panel wearing items used in the Australian Fair Wear campaign:
a Nike 'Slavery' T-shirt, and a sack-like top saying 'Rather Wear
a Bag than Nike'. Nike has been targetted because it is refusing
to sign the Textile Clothing and Footwear Workers Union of Australia
homeworkers' code on the grounds that it has its own code.
Baljit Basatia works with AEKTA, the Clothing Industry Action Research
Project, based in Birmingham, the UK. Aekta means'unity' in Urdu.
The garment industry in Birmingham is only two decades old and is
characterised by small units and many homeworkers. In the UK, it
is estimated that there are one million homeworkers, with a predominance
among women in ethnic minority communities. "We believe that
for every factory worker there are two homeworkers", said Baljit.
Homeworkers suffer long hours, low pay often calculated on a piece-rate
basis, and irregularity of work. Orders can be picked up at any
time, meaning a homeworker has to be available at all times. Aekta
reaches homeworkers through door-to-door leafleting, with leaflets
in six languages, and social visits by homeworkers to other homeworkers.
Aekta also uses the Asian press, radio and TV where possible. It
tries to set up discussion groups, but this is difficult because
of the demands placed on homeworkers.
Homeworkers in the UK were classed as 'self-employed', meaning
they were exempt from employment laws, but they have successfully
won the right to be included under the new national minimum wage
legislation. This may mean a wage rise of up to six times for some.
However, to get it they have to reach a Fair Estimate Agreement
with their employers on the number of hours worked. Yet homeworkers
cannot negotiate with their employers. Working terms are imposed
on them, Baljit explained. Many homeworkers also fear the minimum
wage because if they demand it they risk losing their jobs.
The national minimum wage is not being paid to many factory workers.
How much more difficult will it be for homeworkers to get it? To
whom would they take a complaint? They have no pay slips, and so
they are invisible to the authorities. There is a registration system
but only one homeworker in Birmingham is registered!
Most UK factory-based and homeworkers are not aware of codes of
conduct, and homeworkers are not mentioned in most codes. So, in
Baljit's view, company codes of conduct are not of direct use to
them. However, homeworkers and their needs should be covered in
whatever codes exist, above all rights to a regular supply of work,
to be treated as regular workers, and to earn decent pay. Homeworkers
are not unionised because employers take contracts away when they
suspect unionisation. Trade unions also seem reluctant, though the
Trades Union Congress (TUC) has just trained some new organisers
and this may bring change.
Workers in factories can help to identify the retailers who are
buying goods made by homeworkers in the production chain.
Baljit warned campaigners not to rely too heavily on labelling
to understand supply chains. She knows homeworkers whose only job
is to sew in labels.
Other participants gave examples. Labelling is now done in closed
sections under great secrecy on garments that have arrived in bulk
from elsewhere. SEWA in India reports that women workers are being
checked to see if they are carrying labels out of factories. There
is a need to campaign, as has been done in Latin America, to make
the label a kind of 'passport' through which the garment's production
can be traced.
Pamela Curr is Organiser for the Fair Wear campaign of the Textile,
Clothing and Footwear Union of Australia (TCFUA). She said that
90% of workers in the garment industry in Australia are homeworkers,
a dramatic growth in recent years. The union has calculated that
there are now 15 'outworkers' (homeworkers) for each 'indoor' (factory-based)
worker. Many are earning under A$2 an hour, less than they were
4-5 years ago. "They are alone in their homes and bullied",
she said.
TCFUA has taken up the challenge. It has developed a national Homeworkers
Code of Practice that is industry-wide. The union believes that
most company codes are 'public relations' efforts, and only a single
code for all companies in the industry will work. They were helped
by the fact that in most Australian states, outworkers have the
same legal rights as other workers. However, the code is a result
of the failure of governments to police the existing laws.
The Fair Wear campaign has been putting pressure on the retailers
to sign the Code by holding 'Shops Of Shame' demonstrations outside
the stores, attended by bishops and nuns amongst others. The year
2000 is very important because the pressure will be on the companies
to sign the Code. Once they do, it is a legally-binding on them.
The companies will have to start being transparent about the production
chain involved.
The TCFUA Code will be monitored by the union and homeworkers,
giving both top-down and bottom-up control. At the top, the responsibility
is the retailers. So as to make the chain transparent and traceable,
documentation has to be kept by the manufacturers, and the union
has rights to inspect it. Every homeworker has to be registered.
As part of the campaign, they have developed a manual on sewing
times. If production standards are set, both manufacturers and workers
have the same information, and every piece of work will have a known
price. Secondly, they want a clear labelling system which shows,
by means of an employers' registration system, which employers have
been involved in a garment.
Curr reported that Focus groups of homeworkers showed that they
want the retailers locked into a price structure, a simple pricing
structure, and clear labelling to trace the production chain.
To reach the homeworkers and bring them into the union, TCFUA has
set up English-language classes, with information on sewing skills
and health and safety skills, etc. The classes help the homeworkers
to read the records, pay-slips, etc. which they will have to do
for monitoring the homeworkers' Code. The union uses the study circle
method and leadership training. They have also produced the video
'20 Pieces'. Some of the homeworkers in the film have since become
delegates in the union. Contact with homeworkers is done by using
the media, especially radio, and word-of-mouth.
Curr noted that Australian companies are also increasingly operating
abroad, and so TCFUA is very interested in international networking
on these issues.
Lucy Brill is from Homenet, the international solidarity network
of organisations concerned with the rights of homeworkers. Homenet,
set up in 1994, supports the formation of new homeworkers' organisations,
and networking including exchange visits by grassroots homeworkers'
groups. The network is also involved in advocacy and campaigning.
A recent study in Europe confirmed that there is homeworking in
many different industries, not just garments but also footwear,
car components and electronics, Brill reported. As well as the Australian
and British cases, there is evidence from Indonesia that, as factory
workers are becoming more organised, production is being shifted
to homeworkers.
For workers' education, Homenet produces and shares materials including
a newsletter. It translates them into as many languages as possible.
There is a need for much more education within the labour movement
worldwide about the need to include homeworkers and their issues.
In Canada, the union brings together factory-based workers and homeworkers,
from different communities, for joint education sessions.
Most codes do not mention homeworkers, Lucy said. The way that
some codes have been implemented has even harmed some homeworkers'
livelihoods. Codes could help, by contrast, if homeworkers are involved
in drawing them up so that they contain relevant issues. However,
this implies a level of organisation among homeworkers which does
not usually exist. It is especially important to recognise how vulnerable
homeworkers are to losing work, and to minimise this risk. In the
UK, when homeworkers organised in one location, the work was moved
to another place. So, activity on codes must be done in a developmental
step-by-step way, but with clear standards and deadlines.
The ILO Homeworking Convention, ratified by Finland and Ireland,
is making homeworkers more visible. However, after winning the Convention,
the trade unions behaved as if the work was done. Support for Homenet
withered and funders retreated. Lucy stressed the need to keep the
issue of homeworkers in the limelight.
Many participants came up with other examples of factory management
trying to escape their responsibilities to workers. Girlie Guzman
had earlier reported that in the Philippines there is growing use
of homeworkers. One factory called Novelty used to have 15,000 workers
producing baby clothes for US department stores such as JC Penney.
Now there are only 2,000, and the work is put out to homeworkers
and small contractors, where it is very difficult to organise trade
unions. There are many homeworkers just outside EPZs. The Department
of Labour is supposed to monitor sub-contracting firms, and so it
should be possible to bring legal cases where there are violations
of laws. The ILO Homeworking Convention is meanwhile not yet known
by many workers in the Philippines, she said.
Josefa Rivera mentioned that some companies are closing down in
the EPZs in Nicaragua and setting up outside because they do not
want to cooperate with the new Code of Ethics. She confirmed that
homeworkers outside the Zones would not be covered by the Code but
by national legislation, though they never seem to win in the courts.
What is needed is a universal code to cover all workers, plus campaigns
to get homeworkers/sweatshop workers aware and active, she said.
According to Ingeborg Wick, homeworking is growing around EPZs,
as factories put work out for even lower wages. In Bangladesh, by
contrast, employers are using a 'trainee' period in which they do
not pay the workers at all, and even the 'trainee' has to pay to
get the position. These unpaid 'trainees' out-compete even low-paid
homeworkers in the jobs market.
Many participants felt that new methods of organising are needed
within the trade unions, including at the community level. The Australian
and Canadian unions have been at the forefront in bringing homeworkers
and factory-based workers together. Steve Grinter said that the
ITGLWF has affiliated the Self-Employed Women's Assocation (SEWA)
in India and hopes to bring their organising experiences not only
to other unions of the South but also of the North. Astrid Kaag
felt that many unions do not feel confident about this issue. However,
the FNV Bondgenoten in the Netherlands has set up a service section
for homeworkers. The FNV is committed to including so-called 'informal
sector' workers and homeworkers in all its international work, and
many unions are responding favourably.
Even those homeworkers who appear to be self-employed craftworkers
are increasingly locked into chains dominated by big retailers.
One idea in India is to set up a 'buying house' for small producers
so that they are not so vulnerable to big retailers. In the Philippines,
BATU is helping craftworkers to form cooperatives. However, most
homeworkers are not self-employed entrepreneurs but dependent workers,
said Pam Curr.
Session 8: The Changing Agenda
The final session took place in six small groups, when participants
were invited to consider the direction of their own organisation's
work in the field of workers' education/training on company codes
of conduct. There are numerous developments that will have an impact,
many of which have been discussed at this seminar. Participants
were asked to remember that participants in educational initiatives
cannot be categorised under the monolithic heading of 'workers'.
There are cultural and gender factors to consider, as well as issues
of migrant and captive workers.
They were asked to think in particular about:
- Key target groups (including women, homeworkers, migrant workers,
etc.)
- Partnerships
- How they intended to respond to company-sponsored education
programmes
- Content issues to focus on
- Educational methodology
- Resource/funding issues
In plenary, the following points were among those raised:
Participants stressed the need for more education outreach to workers
and felt that it must be built into codes and monitoring projects.
As the Women Working Worldwide project has shown, such initiatives
do not need to cost much. Oxfam, for example, is committed to ensuring
worker education prior to the proposed ETI pilot project in Sri
Lanka. Oxfam is also interested in worker education on tea plantations
there, looking at workers' rights as human rights.
Target groups for workers' education mentioned by the seminar participants
include:
- Factory-based workers.
- Homeworkers. Josefa Riveira, for example, wants to analyse
the connection between women workers in the maquila assembly factories
of the Nicaraguan EPZs and homeworkers outside.
- Workers in the retail sector, especially those who work for
companies with codes.
- Workers in their wide range of identities: as mothers, women,
those who work in the home, consumers, etc.
- Trade unions and works councils.
- Education facilitators and trade union trainers, including
in Europe.
Other target groups mentioned by participants included:
- Communities: for example, Clean Clothes Campaign hopes to start
educational work with communities in the Netherlands, including
building community-to-community links with Eastern Europe and
the South. An example might be clothing supplied to hospitals.
- Schoolchildren, who are the workers and consumers of the future.
- Consumer activists in developing countries.
- Representatives of companies.
Content issues raised by participants included:
- The starting point of workers' education must be the grievances/needs
of workers
- Education on codes must not be in isolation, but integrated
into education on workers' rights and labour laws. Codes cannot
replace collective bargaining, and so education must be linked
to workers organising. The WWW project is good because it focusses
not just on rights but on access to justice.
- Education should lead towards finding solutions.
- It is not easy to integrate Northern campaigns with worker
education in the South, and so education programmes should encourage
worker solidarity North/South/East/West, and the links between
workers and consumers.
Issues on educational methodology included:
- It is important to know the local social and political context
before starting any campaigning or education work.
- Education must be carried out according to the level of education
of the workers.
- Translation of materials is crucial. Suprihatin, for example,
asked who will fund the translation of materials into Bahasa Indonesia?
- Study circles were seen as a very useful educational method.
- The Internet-based international study circles could be used
to network among all those (including homeworkers) working in
a particular supply chain or a particular TNC.
- A Web-site and directory of educational resources would be
useful.
- Awareness raising through radio and TV soaps is a possibility,
while word-of-mouth and door-to-door work will always be essential.
Participants noted that funding and resources remains a problem.
Most workers can afford to contribute very little. International
funding for worker education programmes is insecure. Aid agencies
usually refuse, saying it is the business of the trade unions. We
need to argue our case.
Many participants felt strongly that worker education programmes
must not be controlled by companies. NGOs should be wary of taking
money for company-sponsored worker education programmes and be careful
of the content of such programmes. One suggested that company financial
contributions might only be acceptable through third parties. Another
stressed the importance of not letting ourselves be pressured by
companies, but taking our own time and following our own agenda.
The participants concluded that this seminar was an important opportunity
to build on existing partnerships and establish new ones. The participants
gained a much deeper understanding of the work of each other's organisations,
including between trade unions and NGOs.
There was a suggestion for a follow-up seminar, to come up with
more concrete proposals about workers' education. IRENE announced
a linked seminar on company codes and the law in March 2000, to
which they are inviting lawyers with experience in international
law.
The Clean Clothes Campaign will be holding its next strategy meeting
in Spain in early 2001. It plans to invite a broad array of groups
from within and outside the CCC network. Many of the issues raised
at this IRENE seminar may well be pursued again then.
This report was written by Celia Mather, who is a freelance
writer and editor on workers' rights in the global economy, with
special thanks also to Nina Ascoly, Vivian Schipper, and Anneke
van Luijken,.
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