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International Workshop
on Independent Monitoring of Codes of Conduct
Brussels, May 4th 1998, 10 am - 5 pm
Sponsored by
IRENE (International Restructuring Education Network Europe)
and Schone Kleren Campagne (Belgium/Flanders)
Maggie Burns, chaired the meeting
Report prepared by Nina Ascoly
Summary of Proceedings
INTRODUCTION
Ineke Zeldenrust (CCC Amsterdam) briefly outlined where we're
at in terms of the debate on independent monitoring. Distinguished
different steps:
1. Discussion on codes of conduct: Lots of discussion on this. Companies
can do it alone or jointly with others--can have core ILO standards
2. Implementation: What we've heard is that in many cases there
isn't any implementation.Translation of code, compare with others
3. External monitoring:Companies like NIKE are at that level, take
an accountant or quality control firm (ex. SGS) or hire an NGO (or
create one) to do this.
4. Independent monitoring or verification: At the moment this is
the last stage we can envisage. We don't have as much clarity on
what we want this to include (as we do with codes for example).
We've done monitoring on some level ourselves to prove that the
implementation hasn't been done (as evidenced by the testimony at
the forum)
Pilot projects: we need to play a role there, I think, the question
is what role?
Pilot projects at this point are:
1. Auchan/France
2. Ethical Trade Initiative (ETI)/UK
3. Dutch Fair Trade Charter (FTC)
4. Swedish Foundation
5. Council on Economic Priorities (CEP) -- Social Accountability
(SA) 8000
6. Apparal Industry Partnership (AIP)/US -- maybe not so much a
pilot project, but they're talking about these issues
About the FTC in Netherlands:
- involves Dutch companies
- * groups negotiating: FNV, CCC-NL, CNV,
producer federation, middle-sized retailer federation
Where are we now?
- There should be a foundation: union, NGO, producer,
retailer
- Should be a contract between the company and
the foundation specifying how the monitoring should be done
- There should be certified monitors (organizations
or companies)
- There should be a complaints procedure directly
back to the foundation
Reaction/Clarification:
Peter Custers (Bangladesh People's Solidarity Centre/ CCC
Amsterdam):
I want to raise the issue of the changing context in which we
operate as the CCC. In the early 90s we immediately raised the issue
of monitoring, as we move forward and become a powerful campaign
the power of government is decreasing, power MNCs increasing, as
we move forward might we not think of more ways of experimenting
good to try out models but alongside implementation of these types
of monitoring, why not try another monitoring body that does not
include the company: perhaps it would help us keep up the pressure
in the sector
another issue: a sector-wide code (referred to the international
babyfood code ) approve such a code
Ineke Zeldenrust: I feel that the actual watchdog role is
the role that we have been playing for the past 10 years as the
CCC, for me it's clear that as campaigns that's what we will also
do
Janneke van Eijk (CCC/A'dam): The campaign will not cease
to exist because we have a foundation
Medea Benjamin (Global Exchange, USA) : re: CCC--I'm interested
to hear feedback on inside/outside relationships, how to play your
watchdog role once you're in negotiations.
w/companies, in some cases our old allies (once in negotiations)
are sworn to secrecy, changes relationship/communications
Kristina Bjorling (CCC/Sweden): We started Sept.1997, we
started even earlier to engage in contact with companies, they were
eager to work with us. We never felt this big need to make lots
of public campaigns as in other countries to create consumer pressure.
They are also prepared to go into independent monitoring. We feel
yes we need the campaign, but need to separate the campaign from
monitoring. We are setting up foundation. The company will never
sit down with the campaign, if they give a list of suppliers, the
issue of confidentiality, they will never accept for this info to
go directly to the campaign or the media.We need to be separate--we'll
need both. It's a situation where you play double roles, but it's
quite difficult.
Ingeborg Wick (CCC/Germany): This most important thing is
to create pressure, to raise consciousness, if companies are ready
very early to talk there's a certain idea in their mind, our experience
in Germany tells us it's very important to have this consciousness
in the public first, if we separate too easily we fall prey to these
companies who use codes as public relations. Our main aim should
be to create a broad-based awareness, north and south
Ineke Zeldenrust: To put into realistic perspective we've
been sitting around the table since 1993, at the same time we've
built up a very effective campaign.There are still so many companies
left to campaign around. I think we can solve the inside, outside
problem, it's workable, but I think the fundamental issue is Amin's
(see below)--local level.
Janneke van Eijk: Issues raised re: European campaigning:
In the fall we might have a meeting to discuss this, we have to
rethink where we're going, we're achieving some of our aims, I propose
that all these issues (inside/outside) that we discuss in the collective
preparation and in October. We're here to talk about local level
NGO/union relationships in the South
PART I: CHALLENGES & QUESTIONS REGARDING INDEPENDENT MONITORING
Serapina Cha Mi-kyung (People's Solidarity for Participatory
Democracy (PSPD), Korea)
First participated in the CCC in 1996. Raised the following questions/observations:
Euro level CCC positive influence, concern on labour/human rights
at the same time people ask what can we do? Impressive to maintain
campaign.
- Fear that (we?) miss the influence from people
from the south
- Regarding network on independent monitoring:
why is it very hard for trade unions to join the monitoring process?
Trade unions have a lot of internal methods to defend workers
rights,
trade union is already involved. Need to take time to discuss.
If we're involved we need to share at the local level, doesn't
matter if they know a lot about the campaign or not. Campaigns
on local level should develop educational (materials) that way
we can say who is the real enemy in the south? Without this kind
of discussion it's very difficult to increase our capacity on
the issue of independent monitoring.
- For the public campaign, we share the technical
problems of the campaigns in the north
in the south the campaign still has initiatives, not quite united
to put pressure on MNCs, tactics on public campaigns, not enough
to maintain education. Northern NGOs/trade unions should share
technical info--not just research on working conditions.
- In 1996 campaign w/five organizations. Strong
alliance between NGOs and trade unions.In our experience economical
issues should be addressed by trade unions.Government in negotiations,
ASEM focus on trade, not human rights, on this level we need to
apply pressure, this is not a common thing. Need to present an
alternative voice (NGOs/trade unions) to pressure government.
I'm not a trade unionist, I work in an NGO, but without a strong
cooperation...union has the legal negotiation power in the south.
NGOs should have a place to work together with unions.
International trade union role: compared to 1996
the level of participation is positive, most of the issues are shared
with the trade union leaders at the top level, they have to come
down to the ground--what sort of education should we provide at
the local level? what sort of strategy?
share one experience, we got a letter from trade unions, concerned
about workers employed in Romania, KCP--trade union in South Korea,
second is Korean metal union, sat down and talked, sent a letter
to International mine workers federation to have a negotiation.
Will send a rep. from trade union and NGOs to investigate working
conditions, a strong strategy, unifies the voice of the NGOs and
trade unions. Still though we couldn't get any response from the
IMF, the union is not thinking how their responsibility should go
on the ground, not just sending a letter, I think the international
trade unions together should address what their responsibilities
and roles are at the local level. This will help us in developing
a monitoring system.
(see also her paper "Independent Mnitoring for Human Rights!"
circulated at the seminar which includes a case study on monitoring
Korean companies and an action plan and long-term goals toward solidarity
between trade unions and NGOS)
Esther de Haan (CCC/A'dam): What about role of NGOs in Korean
context?
Mi-kyung: Trade unions are saying "you go first."
On the level of the strategy of the campaign we have meetings w/company
union, national union, etc. They have power to put on industry.
We have different strategy based on the industrial sector. We're
discussing what the different roles are.Maybe trade unions should
do the wider education, to open the eyes of their members.Since
we participated in the CCC we feel we should work with the trade
unions, even if it's close to the government. At this time the trade
unions have a big dilemma.
Regarding Trade Unions:
Medea Benjamin (Global Exchange, USA): In the majority
of places where garments are being produced strong independent trade
unions are the exception, usually weak, corrupt--maybe Emelia can
respond.
Willy Wagenmans (FNV/Netherlands): I know how hard it is
to strengthen the role of trade unions, yes have to distinguish
contexts--South Korea is different from South Africa.
We have been involved in the Netherlands FTC negotiations for the
past four years, very difficult to reach consensus w/companies,
our main objective is to make companies take
responsibility for their activities. That is basic. I think that
we've made some progress in the past few years. Key issue is are
they sincere & authentic, or is it just public relations?
Part of a strategy to increase the quality performance of a company.
We should make a structure that's helpful in carrying out this process.
If it's only from north to south (unilateral) something is wrong.
Role of NGOs is different from country to country, the same applies
to trade unions. I speak frankly because this is reality, and this
complicates our work. The point is how to involve the unions? We
have tried to engage in training/educational programs in developing
countries.
We're trying to link different programs that the NGOs are involved
in (informational, etc.). Difficult, we have to start from scratch.
Many don't know about ILO standards, etc. have to start at a very
basic level.
Amirul Haque Amin (NGWF, Bangladesh): Question of trade unions
in south and relationship to campaigns. In Bangladesh in the garment
sector the position of the unions is quite weak, whatever issues
we raise the priority has to be the right to participate in trade
unions. The reality is that our organization is weak in recruiting
members, our bargaining capacity is also weak. Relationships between
trade unions and NGOs: the reality is that there's quite a distance.NGOs
take a target group and try to raise money, if it fails they step
back
Trade unions have a different position, once they recruit members
they can't retreat.We have more headaches than the NGOs have. Question
re independent monitoring: we have to know that in all the producer
countries if the network of the Clean Clothes Campaign has been
made, w/out that coordination the suppliers won't implement code,
where the network hasn't been built they won't be pressured, rather
than achieving improvements, buyers will just shift their operations,
the end result is that all the pressure will come back on us who
are organizing the workers, we will be accused of anti-state activities,
before building an independent monitoring body we have to rethink
these basic issues.
Participant from Free Univ. of Berlin: The difficulty of
coalitions between NGOs/trade unions.
U.S. union and Honduran union --raised hell, but didn't involve
the Honduran local NGOs, Central American unions don't trust U.S.
unions to start with, for good reason. Unions from industrialized
countries have to be more open and involve local unions
Constraints on local groups:
Vivian Liu (AMRC, Hong Kong): The present situation in
Hong Kong regarding trade union's and NGOs--still few people interested:
the Hong Kong Industrial Committee and China Labour Bulletin really
only concerned w/labour issues in China.
We are introducing the idea of independent monitoring. No clear
feedback yet. The concern is what will be the contents of the independent
monitoring. Concerned that because they have a relationship with
workers in China if they (the organisation) joins the monitoring
what will workers think, will be seen as working w/the companies.
Concern within AMRC that we have to keep a balance among our projects,because
we are regional, concerned w/entire Asia/Pacific.
Cia Chong Guo (China Labour Bulletin/Paris): I used to be
very idealistic when young, now changed.Shouldn't be naive about
company adopted a code of conduct. The only way we are sure to get
the implementation of a code of conduct verified is if we involve
the interest of the enterprise. We have to be strong, have practical/technical
information. In the case of China, there is no institution that
works by itself.
This is how we could build a system of verification: but more important
there needs to be competent people doing this work of verification.
If there are no people who's pro task is to control verif. these
institutions can't function properly. For ex. if you sent people
to control a company in China, China is very good at presenting
things. The workers are afraid of what happens. We need people on
the spot who know the culture of the country and the company, w/a
technical background. If someone goes to control the list of the
workers interviewed must not be known by the company. So the interviewer
must be able to decide on their own who they pick to interview,
the company should not be the one to select. We have to be aware
of these details.
Earlier we talked about educating the workers about their rights,
but in China it's not enough. in China if you give this information
most workers won't be interested, a lot of them know their rights,
if the workers know that there is a chance of their rights being
applied they might be interested. There should be an independent
institution to oversee the monitoring, important that they have
technical information, professional interviewers/detectives trained
and informed about the country only will be able to find things
in the workplaces in China. Then we will be able to mobilize the
public opinion, otherwise people not interested.
Aloysius Arockiam (Save/India): My feeling is that NGOs play
a greater role in (implementing) codes of conduct. Trade unions
energetic, limitations also.NGOs more like the instigators, educators.
It may be ideal to train NGOs more on these issues. My experience
has been that corporations they always need external pressure, in
the case of C&A, they are very silent and never disclose their business
dealings, began to say something after journalist investigates.
In a local NGO like ours SAVE, we work in a broader network, got
in touch w/campaigns like CCC. We began to adopt a strategy of demanding
the code of conduct. Our experience started in 1997. They will withdraw
if we say we want to form a committee on child labor, set up a parallel
NGOs, they want to present themselves as a messiah, in reality they
don't want to see real change in the situation of workers.
No proper mechanism exists to monitor the local industry. Group
of industries and NGOs formed a labeling system, label for garments
that are produced in places that have independent monitoring. Labeling
or certificate system--not sure--labeling is very laborious. We
need external pressure and local well-trained monitors. Think the
role of NGOs is more effective.
Emelia Yanti Mala Siahaan (Garment Workers Association/Indonesia):
I work in an NGO for only three years, short period of experience.
We have a trade union in Indonesia, but it's very close to the government,
if you try to build up an independent trade union it's generally
not allowed. The official trade union does not speak for the workers,
there are some other trade unions in some other regions, but if
they try to speak for the rights of the workers the government doesn't
hear these voices and stops these organizations. there was a strike
of factory workers a few years ago, but government said that it
was not the real voice of the workers that there was the influence
of other people. If workers get pressure from factory owners and
want to strike the owners inform the government, government takes
sanctions on workers/organizers. Always say that the agitators are
not working on behalf of the workers.
Based on this experience with the government and trade unions, we
formed our own organization, the association of garment factory
workers. We work outside the factories, but have contact w/the workers.
There is also the organization of the shoe factory workers, There
is government intimidation of both our organizations. If a member
of our associations speaks too loudly in a factory, informing workers
of their rights, they will be fired or punished.
On the one side our government always told us that we have rights
and that education is important for all the people--but if anyone
demands these things there is repression. Maybe you heard of the
case of Masina (?) she got bad info on the factory, informed the
workers, she was murdered a few years ago.
The government always works in favor of the company, the recent
financial crisis is used by the government and the cos. to exploit
the workers (longer hours and less pay)--co. say yes you must do
this to help out our government, government at the same time says
yes, this situation is due to the international financial crisis.
Before we built our organization, and had connection w/other international
organizations, we worked in the factories, we thought our salaries
were OK, we thought it was OK to live with this, after we saw that
companies like Marks and Spencers sell the products for a very high
price, we feel exploited. It's very difficult for us to see this
gap. This injustice. We always are under the pressure of the companies,
and we can't understand why we have to produce things at a very
cheap price when we see these prices in Europe. We would have to
work for months without food to afford the products we produce.
The companies always tell us the product we make is very bad, that
the quality is low so that they can't pay us a good price. But we
never have the experience that they send back the products to us,
from Marks & Spencers and Levi's.
With my experience we see there is no freedom of organization. In
our association we try to fight for the right of the factory workers.
It helps us to understand what you are doing for us.
Setting up local monitoring networks:
Understanding the local organization, context is very important.
HOW to build up local networks -- What needs to be in place to set
up such networks? (Maggie Burns)
Medea Benjamin: It becomes difficult for us when we're campaigning
that we ask that local groups be involved in monitoring, and then
local groups, such as AMRC, don't want to be monitors. We're in
the situation that we're calling on companies to use local monitors
that don't exist. Also in the case of Indonesia there's Emelia's
group and the shoe association that seem to be rivals. Who do you
work with?
Phil Wells (ETI/UK): It's easier to make contact w/the international
jet set groups, not the groups in touch with the local groups. Same
thing exists in the north. Looking for south coordination.
Yannick Etienne (Batay OuvriyT/Haiti): It is important for
northern organizations to understand different parameters in the
south. Regarding having a monitoring groups working in the south,
you have to understand the cultural/political situ in a country.
Especially in a country w/a very strong anti-imperialist feeling
any group that has contact w/foreign groups is suspicious. You have
to be credible. That credibility is derived from different sources.
in a country w/ a class system. If I go to a very poor neighborhood
and I wear my glasses I'm considered a person from a very high level.
I need my glasses to see. I don't know if you can understand how
difficult it is in that situation.
Foreigners and large corporations-- If you take money there is no
way you'll be credible. You don't want anything international, foreign
involved. The monitoring team has to be independent but with no
money from the companies.
Regarding NGOs -- The trend to have NGOs in underdeveloped countries.
They are the intermediaries of the governments of the imperialist
countries, they have their agendas. (People) may be illiterate but
they know this is foreign and they don't want that. The NGOs in
Latin America have been against the popular sentiment. The relationship
is distant, one that the people cannot trust. It's based on a mentality
of assistance. You're afraid that if you go to the NGOs place they're
going to report you to the companies. I know that there are NGOs
that have a good relationship w/ the local people. But they're working
on a humanitarian basis. When we're talking about worker's rights
that's a political issue. A different issue. Having NGOs w/in a
monitoring team--it has to be something that requires a lot of research,
the NGO has to have proven themselves.
PART II: PRESENTATION OF THREE PILOT PROGRAMS:
1. Auchan/Martial Cozette (CFEI/France):
(CFEI?) leads this experience, part of the French CCC.
What we want to find from this experience is to see what could be
a method to conduct independent monitoring. During this experience
we also stay in touch with Carrefour,
because we know that when Auchan makes a step their competitor,
Carrefour will follow a similar path.
A few months ago Auchan adopted a code of conduct that we consider
a good code of
conduct. It includes freedom of association, no forced labour, ILO
standards, they also
accept the idea of independent monitoring to control the implementation
of the code of conduct. Question is how to do this. First step is
to set up internal monitoring, because we know that if the people
aren't concerned with the code of conduct.We've agreed that as part
of this first step we'll participate in trainings to explain the
position of the collective, vis-a-vis the code of conduct. We would
like to invite people from southern countries eventually, because
they (those in the companies) must know about the conditions.
Next step is the implementation of independent monitoring.We signed
a six-point letter of intention w/Auchan. Several goals:
* Try to define a social label w/in five years--they're very
interested in markets, but we need to explain that people (consumers)
are more and more interested in social conditions.
* Communications also very important. We want to communicate
this experience, but we want to do it together. If a message is
sent that isn't reality, that's damaging.
* What is our method--we don't really know yet.
* Money important. We think Auchan has to pay an external
company to do the monitoring
and the collective has to control the external company.
* We can't go everywhere they do, in many cases we'll just
be looking at reports. We'll have to know if the content of the
report is on the ground. We'll have to know how to summarize this
information to be able to communicate it to the NGOs, trade unions,
etc.
* Our problem now is how to make a theoretical scheme concrete.
Now until December, in Dec. we hope to have the monitoring going.
* Madagascar and Vietnam are the two countries selected.
2. Ethical Trade Initiative/ Phil Wells (UK):
UK-based, cooperation between NGOs, trade unions and companies.
Invited companies over past 6-9 months. have about 15 companies
involved. Most participation is from food retailers, then garments,
others mixed. ETI just becoming a legal entity, will be controlled
by a board that is composed of members of those three groups. Some
companies are generally motivated by concerns over media exposure,
also as individuals they are reacting to conditions they don't agree
with. Our problems: "how to" problems. Our initiative
is a learning initiative, not an intended to set up an institution.Easy
for us in the short-term, because we don't have to think about which
companies to endorse, etc.
What we're doing: Alliance building based on several principles:
trust (NGO-trade unions-companies); codes of conduct have to be
based on ILO conventions; companies have to accept independent monitoring;
companies have to be committed to improving standards; companies
have to be committed to not "cut and run" (i.e. have to
stay w/their suppliers); has to be based on disclosure (contrast
w/ idea Sweden of confidentiality).
Have a three-year mandate: came together in the first place because
coordination needed
(various NGOs involved in negotiations, several codes, etc.) committed
to finding a common approach.What we need to explore:
* technology to monitor
* capacity to monitor
* endorsing companies vs. market pressure--if we move too
quickly then we get into a situation where we might be endorsing
the wrong companies, endorsing them for doing what appears to be
the right thing (ex. sacking child workers)
Pilot studies: We'll be doing a few over the next few years, to
give southern groups practical experience. The other part of our
learning is from other people's work.We need to learn what a good
pilot study is, then can share that w/CEP, CCC.
Questions that a pilot should answer:
* how can co. improve labour standards among their suppliers?
* how can the impact of implementation of codes on the lives
of workers and the local community be assessed?
* how can we ensure that codes of conduct don't have a negative
impact on the wider community?
Different models: compliance w/ standards; sector-side approach,use
of external monitoring people, using internal people. Various models
we'll be using and at the end of the three years we hope to be able
to recommend which models are best.
Format of the pilots:
1st stage: baseline survey --independent consultancy by the pilot
evaluation team
2nd stage: inspection and verification visits undertaken by the
companies or their agents monitoring system
3rd stage: analysis and follow-up action by the company, according
to the model
4th: actions as appropriate by the supplier
5th: follow-up survey and analysis by the pilot evaluation team
Key challenges:
* Building trust -- companies want to know how do I talk
to you w/o becoming the next enemy. Companies don't trust each other.
* Capacity building-- there's no way local groups will be
able to do monitoring. I've
visited unions that don't' have a fax and don't have a motor bike
to get around on. No way they can take on the job.
3. The Gap Monitoring Pilot / Medea Benjamin (US):
Progressive part of catholic church, human rights activists
involved in war situation for 10 plus years. First time in the history
of the FTZ in El Salvador, workers reinstated because of the
monitoring, the conditions actually improved. Head of factory, an
ex-military guy, was replaced. Workers able to get to bathroom.
Like a war zone in the FTZ. Guarded. Via this project able to breakthrough
that and open it up a little bit to civil society.
On the other hand, some negatives. Independent unions kicked out,
and a company union set up. So the workers were reinstated in a
hostile situation. The monitors were put in a hostile situation.
No strong independent union, weak and also the strong company union,
so
this is not an example of independent monitoring creating strong
independent unions. Also on negative side: The Gap got so much so
much good publicity for this work in the one factory only that it
demobilized the campaign.
Summary (Maggie Burns)
Relationship between trade unions and NGOs -- discussed that wherever
you are this is different. Yellow trade unions and yellow NGOs.
Criteria for determining which are yellow.
* need to have an understanding of the local context (ex.
Haiti &Indonesia).
* have to have that for effective monitoring
* have to have a lot of practical and technical knowledge
Question was raised about taking money from companies. Undermines
credibility.
Keeping pressure on companies.
Continuing to do the research that allows you to keep the pressure
on.
What brings credibility to a monitoring system. We'll try to reach
consensus on that. It's clear that the codes of conduct thing is
going ahead. What we're interested in is worker rights. So the question
is how can monitoring complement that.
PART III -- STRATEGIES AND ROLES OF DIFFERENT ACTORS
Dwight Justice (ICFTU): Codes of conduct issue, two locuses
of responsibility
1. Government to protect rights of citizens/subjects--pressures
of globalization mean governments don't live up to their responsibilities,
you might say codes of conduct come about because of international
competition and the ability of companies to influence labor practices.
They're in a position to make labour standards better or worse.
2. International business
The ETI couched in the various responsibilities of stakeholders.Businesses
in ETI also said we also have responsibilities. Not sure that we're
talking about the same things. When we talk about codes we're talking
about company responsibilities. You need to distinguish between
the different functions of monitoring, verification & accreditation.
* Monitoring: An ongoing process.I don't know what the ability
is of NGOs and trade unions to do that sort of function. Don't think
that every result (in exs.) of this is satisfactory
* Verification: A way of testing the monitoring, to make
sure the monitoring is going on at certain standards.
* Accreditation: Holding monitors and verifiers to certain
standards.Who's responsible for training managers and supervisors?
Unless you get some of the underlying standards and procedures worked
out, won't be credible and you might do more harm than good.
Monitoring: a skill that might already exist. Quality control.Right
now two different existing bodies have experience on this: government
labor inspectors and trade unions--monitor collective agreements.If
you don't involve the people that have the expertise then it's
unlikely that you'll come up with anything credible. I think this
meeting is based on a model where NGOs will conduct monitoring.
If that's so it's still got to an underlying system of standards,
verification standards. I'm not so totally opposed to that given
the nature of the
industries we're talking about.
In the situations we're talking about of course the trade unions
are going to be weak.In the end you want to create a situation where
workers are able to form their own unions.If you don't do that then
you'll never get at the problem of exploitation and abuse. Codes
of conduct/independent monitoring will become a way not only of
good company public relations, but also a way for companies to avoid
trade unions.
Mi-kyung: Case study on monitoring in China and Vietnam.China
is a difficult place to have monitoring, had same problems w/fact-finding.
Hard to improve working conditions in China. Had a consultation
with trade unions and NGOs to assess the role of each. Ex.of how
we have to develop the local network.
At the beginning of the fact-finding we had no communication w/the
trade unions, difficult. Also a problem because of IMF program in
Korea. Actu--official trade union in china--hard to connect.We interviewed
50 workers (regarding codes of conduct?). Actu doesn't want to discuss
problems in workplace with outsiders (non-Chinese).
We invited people from China (2 from actu, 2 from labor department).
They were interested in participating in a seminar to hear about
our fact-finding, what we're doing.They said they'd pay everything
themselves. Korean embassy refused to give them a visa. Trade union
in S. Korea suggested we have a training for trade unions in China,
This is happening now. Meanwhile, NGO is having negotiations w/the
company,trying to influence them regarding cultural conflict and
working conditions.We put strong demand to the company to accept
the codes of conduct.
Challenge to local network: globalisation is giving a big challenge
to the south, challenge to unify the different organization, w/o
the unified power we cannot overcome.The Clean Clothes Campaign
idea to have a consultation with all Clean Clothes Campaign in producer
countries.Start with one or two organizations to follow-up on initiatives
common monitoring on local level. People can submit their common
report to the government or national organization
Cia: Yellow union in China, the government knows that their
work is useless, it's not the trade union's that control the working
conditions. Therefore there are other organizations they have that
do this.If you do monitoring in china then it's important to work
with this government entity that is not the trade unions. Military
(?) is one of these entities. At the local level it's the labor
office.These organizations at the local level are supposed to deal
with worker's rights. In every town there's a committee for the
reconciliation of workers and managers.There officially. If workers
have issues they can contact those committees.It's a very specific
Chinese situation that these organizations exist and not trade unions.The
Chinese government itself is very bureaucratic, but at the local
level these organizations do have honest, trustworthy people.
If you are to put in a monitoring network in China you can do it
in three steps:
First step you could cooperate w/the organizations of Chinese refugees
in Europe and North America.These organizations still have a lot
of contact with China and lots of information.
Second step would be to cooperate with the Chinese humanitarian
NGOs / social NGOs in Hong Kong.It would be great if CCC would have
more contact with groups in Hong Kong.
After you have contacted the Chinese organizations abroad and you
have contact w/ organizations in Hong Kong you might be able to
set up a system with these groups and the labor dept. You might
have an efficient group. You should try to contact the people at
the local level of these institutions because they are very angry
about the companies who exploit workers, in Hong Kong and Taiwan,
these people are also bureaucratic, but at the local level
you must beware of seeing only extreme images of China.There are
specific ways of dealing.
Vivian: I think that the labor groups in Hong Kong the input
from them for the independent monitoring of Chinese labor is important,
but they couldn't explain why this is important.If organizations
don't join the independent monitoring body, could they join it as
individuals? just started talking about this.
Phil: Two ways to look at the involvement of NGOs and trade
unions--First, no one knows exactly what should make up these systems
of independent monitoring. We should be involved in deciding. Next
question is should they be involved in doing the monitoring for
the two years?
What are each of our responsibilities for the next 2 years, given
our different roles? (Burns)
Thierry (?) (Oxfam solidarity): role of international NGOs
is to support the work of local trade unions and NGOs.When we talk
about role of trade unions (local) they have very different
priorities.Their first aim is to strengthen their own organisation
and increase membership.
For the Clean Clothes Campaign the priority is independent monitoring.The
strategy of strengthening local trade unions. We have to respect
these different agendas. Independent monitoring might be a tool.
Janneke van Eijk (CCC A'dam): As the CCC we are not entirely
focused on independent monitoring.We have also said it is a tool,
not an aim. We started doing actions in solidarity with workers
in Asia.We are not an organization that promotes independent monitoring
as a solution, just a tool. Of course local groups have different
agendas.Monitoring and organizing trade unions sometimes at odds--as
Yannick explained.I want to hear from people in the south what role
they envision for themselves in this, if there is one.
Aloysius: Independent monitoring standardized model you propose
might not be possible
overnight. We can start w/local immediate needs. In our case we
can start w/ the elimination of child labor. Local NGOs have experience
of working at grassroots level, but sometimes find it hard to organize
trainings, etc. maybe international NGOs can extend solidarity to
help increase capacity. Local monitoring group could be structured
so that they could generate some income
subscriptions?
Freddy Mpofu (NUCI//Zimbabwe): Roles played by different
people. CCC should continue campaigning and identifying problems
where there are problems at this time the trade unions are involved
in monitoring in some factories, it's enshrined in the labor act.Won't
work out for campaigns to go in and monitor, publicize info, go
back in--won't work. Legislation varies from country to country.
Code can be brought in if something is lacking in the labor law
local people in a better position to monitor codes of conduct. It
would be much easier for complaints to be filed at the local level.
Problem w/ compliance.You'll see non-compliance with many companies.We're
looking at some areas for boycotts and demonstrations
talk to SOCAM to see what they've been doing, how they've been doing
it.
Frieda de Koninck (CCC/Flemish-speaking Belgium): Initially
wanted to invite someone from SOCAM and/or C&A, this didn't work
out, Belgian rep of C&A will set up meeting w/Chinese inspector.
Ineke: Redirect question to Phil, since C&A is in ETI, that's
why they said that they couldn't participate in the forum, because
they said they're already in ETI.
Phil: What we're hearing is that they said they won't participate
in a pilot because they have a conflict w/ the CCC.
Judy (CEP): Re: Capacity building w/ NGOs--In addition to
seeking input on our SA 8000 and the guidance document, we're trying
to develop auditor training programs.Create a scholarships for people
to do this.ISO people/management types involved, interesting group.Trying
to identify which southern NGOs would be interested trying to figure
out how we respond to requests for capacity building from southern
NGOs.
What needs to be addressed in the next two years? (Burns)
Aloysius: Preparations of understanding at local level, establishing
bylaws (codes), need training, then get into negotiations w/ the
corporations/buyers, after negotiations and the team is formed,
consultants and inspectors, labeling or certificates--figure out
how that system should evolve, networking with groups in U.S. and
Europe, campaigning, lobbying with importers, with media and with
government, trade unions.
On the issue of child labor: case of child laborers pushed out of
factories and then don't know what to do (Bangladesh)--have to work
out a package (school, skill training) that deals with the welfare
of the children.
Licensing a number of manufacturers, return number of children to
school, number of adults to industry, collaborating with local groups
(means enormous training & capacity bldg). Meanwhile, it's difficult
to find local support, therefore I expect the international groups
here to work with us, maybe we can develop a system where I submit
a project.
Expansion of certification of industries.
Freddy: In Zimbabwe at the moment we have not started anything.
Just started monitoring a few places at the request of the CCC and
some other groups, we have a lot of work ahead of us
we make evening meetings w/shop stewards, that's where we can do
some of this education on campaigning. When it comes to the issue
of monitoring we are prepared. Every worker is aware of ILO standards,
can go to our offices. I don't see any resistance, it's part of
their interest as workers.
Networking in Zimbabwe--currently communications is a big problem--we
(the trade unions) have no fax or email. We are prepared to take
steps to do this work, whether rightly or wrongly, will be corrected.
Ros-B Guzman (IBON Resource Center/Philipines): What is the
role of NGOs in independent monitoring networks? First of all IBON
got involved in the CCC on a contractual basis-- i.e. tell us what
garment, what style, we do the research.I think that is the nature
of a network--contractual--a network is not an organization. Outside
the framework of consumer actions of the north, research on garments--basis
of the international solidarity.We realized that the unions became
the resource centers as we did this research, but we found that
only 3% of garment production is unionized, most takes place in
the houses. As IBON went back to the unions and told them where
the houses were so they could go and organize.We do research and
we feed back the information to unions for empowerment.The role
of the NGO is (1) to forge solidarity--to link the workers with
the consumer in the south and (2) to empower the worker.
Discussion:
Peter Pennartz (IRENE/Netherlands): IRENE and Hong Kong Industrial
Committee and AMRC have decided to produce a workers sportswear
newsletter, to contain very concrete info on workers rights, working
conditions, the subcontractors and the TNCs, and also about the
campaigns in the North. It should be easy to read, geared toward
workers needs.We decided to focus on four countries: China, Indonesia,
Thailand, Vietnam.Translated into the four languages. In the next
few months we want to produce a few issues.Would like to get your
input. Goes toward fulfilling needs on education and capacity building
Yannick: Maybe it would be a good idea to have some kind
of investigation, make contact, start w/countries that are here,
investigation into what's going on with labor organizations, trade
unions and NGOs.I differentiate between labor organizations and
trade unions.So you have some sense of what the reality of these
countries, a collaboration could start you have to go to the country
there and talk to the people there to see how you could get involved
in independent monitoring.In many countries independent monitoring
and codes of conduct is high tech stuff, not bread and butter. Since
it's a concept that's coming from very developed countries that
have a history of trade unions and democracy, etc. it's very difficult
for people to comprehend.So if you find organizations that are interested
and understand the need. Remember: it's a small sector of the population
that's involved, this relates only to the sector that's developed
under capitalism, there's still a lot that's under feudalism (peasants).
Have to stress informing people--it takes a little time to get the
information through people's head, long process, especially in a
country where it's 85% illiterate.Organizations working w/ the workers
need tools to do this.
Frieda: What sort of tool in Haiti context?
Yannick: Radio. There's a problem though because we have
black outs. Also cartoons.
Ineke: Committee for Asian Women is making cartoons.
Yannick: Have to understand it's a process where you go from
simple to complex.
Ineke: Same w/ consumers here
Yannick: Define together the criteria
Frieda: Who, which groups?
Yannick: Solidarity groups
Frieda: Your organization? CCC?
Yannick: No--first you have to investigate, I can't tell
you.
Frieda: In each country? national organization has to link?
Yannick: Yes, sometimes political divisions
Frieda: Are you suggesting that similar to the national CCC
platforms there could be national coordination?
Yannick: Not saying that, don't know. North/South dialogue
to decide how capacity building will proceed.
Anneke (IRENE/Netherlands): Re: Euro campaigns: You have
to prioritize the campaigning work, of course you have to figure
out how to do the monitoring.There's a real tension in the cooperation
between trade unions, NGOs and companies. It's right when trade
unions ask: who are the NGOs representing? Agree that local organizations
needs are the priority,
must have organizations that reach out to the workers involved.Doing
the research, take care that the workers themselves are involved.
Thierry: Weekly radio show in Honduras, the NGO that has
taken on the issue of independent monitoring, basically the woman
takes calls from women working in the maquilas, there's not much
exchange between the women working in the different maquilas. It's
the cheapest thing you can do.There is an independent monitoring
program run by the ILO in Bangladesh, being touted as a model, they
will do it in Pakistan, maybe Bangladeshi guests can comment on
this?
Amin: There was a treaty between ILO and employers in the
garment sector about how child labor could be eliminated in the
sector, flaw from the beginning: the local trade unions were not
involved. So from the start we were in disagreement, we think it's
incorrect that the trade unions are not involved.
Before the agreement, the government report on the extent of child
labor in the sector said that there are 50,000 kids employed, according
to NGOs the figure was 100,000.Even with the government figure it's
startling to compare it with the number of children covered by the
agreement: only 8,000 the rest 42,000 were just removed from the
factory and ended up in informal sector work. What happened in fact,
the children have just been displaced from one sector to another.In
many cases these children have ended up in heavier (rickshaw) or
more hazardous (stone breaking) work. Although the official position
is that no kids are employed in the garment sector there are still
many kids who are employed in subcontracting units.
Mi-kyung: Next two years: I think we can discuss the process
of monitoring w/ participants from the south, organize evaluation
meetings once a year, in the north or the south, when we go back
home we should organize a small committee to work on the monitoring
structure in the south, the activities shouldn't only be talking
about the working conditions but advancing
the ideas on independent monitoring.
Ingeborg: In our endeavors to advance our cooperation on
working conditions, going to do research, now a delegation, across
Euro CCCs I think we need to enforce the networking the monitoring
issue, to learn about the doubts, etc. how can we organize that
so that we learn and have an exchange, think your idea is a good
one.
Claudia: With focus on independent monitoring: I feel like
we're leaving the political
struggle on the side, also something that we should keep in mind
over the next two years.
Participant from Belgian consumers union: There's so much
information--people feel lost, many of the consumers don't care
and don't believe that codes of conduct will do anything need to
touch the people in a way that they don't expect it, like Yannick's
explanation, should talk to the media
Frieda: Emelia's comments struck me this morning, about comparing
prices of products vs. wages as a means of education in the north,
but also in the south this is useful, but this kind of information
is very difficult to get.
Dwight: We have to use the next 2 years to see if credible
independent monitoring can take
place. So far few examples of independent monitoring, and less that
are credible.Just like the code was a substitute for law, the independent
monitoring becomes a substitute for enforcement of the law. I get
nervous when I hear NGOs talking about issuing labels. Have to check
out professional approaches. ex. Sialkot/footballs: ILO/UNICEF trying
to ensure prohibition on child labor.They try to do some things
on monitoring, paying monitors, don't inform them until the day
before they visit a place where they'll be going, need to look at
these things to try to figure out what a credible program is during
the next two years we also have to continue to create the space
to do this, meaning that we have to keep the pressure on companies.
Re: capacity building: (tells stone soup story) -- yes, we'll do
the job for you, if you do this and this. Beyond a certain level
of capacity building we have to see if there's ultimately another
way to do this. People in the south need empowerment. NGOs shouldn't
interfere with rights of workers. Remember: credibility
Mikyung: Do you think it's possible for the ICFTU to provide
training, share experience, create space? for campaigns, monitoring
committee?
Dwight: We're challenged by the issue too, new for everyone,
started in 92 with the Levi code, if we're going to have monitoring
we have to distinguish between implementation, monitoring,
verification. We've gone further down the road, but we're still
at the beginning of the road.
There's got to be professionals, standards of behavior, for those
who look at working conditions.There's got to be a reason people
think it's reliable.The reason we started with independent monitoring
is because the companies couldn't be trusted. Rule-based to make
things credible,whether we're talking about NGOs, companies or SGS's
we need to establish rules on what a good report includes.
Ineke: I think the question is if in the two years we need
more information, can the union provide us with the information?
Dwight: We're certainly getting more involved, to the extent
that affiliates start asking for assistance in that way we're going
to start going in that direction
Anneke: They have to ask for it first
Neil Kearney: In our sector our limited experience w/ independent
monitoring is negative.
Our central American affiliates overwhelmingly rejected independent
monitoring, came
close to rejecting codes of conduct completely. NGOs have gone into
factories to do independent monitoring w/ limited monitoring and
quickly became consultants. (cites example of Honduras, previously
mentioned). Have to be careful that independent monitoring doesn't
become an obstacle to organizing workers.Ultimately trade unions
and NGOs do not organize workers, workers have to do it themselves,
if they don't come together collectively...
Not the job of trade unions to monitor codes of conduct, job of
NGOs to bring problems out to public. API is hampered by the idea
that if it's dragged out the pressure will fall off the companies.
Not a single company has adopted a code without pressure: they're
dragged kicking and screaming. The role of NGOs and unions in the
process is to be engaged in the preliminary work of the auditors,
to help them understand what the issues are in a locality, that
way interested groups would have access in the beginning and in
the end, but wouldn't be compromised.
Evert de Boer,(Phillipine Resource Centre/Netherlands CCC) :
I think what we're talking about, codes of conduct is not an aim,
it's a means. We have to go through more of these experiences, such
as the ones you experience. We're not talking about NGOs and trade
unions being contracted to companies to do monitoring. We're talking,
getting strong, continuing pressure.Exactly what we did today was
to discuss doing that verification at the local level, discussed
it with the people from the south here today.
Participant from consumer organization: We often hear that
unions say something, NGOs feel guilty, ex. ICFTU I read something
and I say, this won't do: about the MAI, didn't say things to the
public, thankfully we had the NGOs to say something. You have to
admit that we're useful.
German participant: Re: investigation process in the south.
I think for the next two years it would be good if the Clean Clothes
Campaign could finance the southern groups to get together, they
do some thinking, they should give input, they should give criteria,
ideas on how we can strengthen the southern network.
Ineke: This was discussed extensively one year ago with the
AMRC because most of the CCC research has been done in Asia, they
decided it was better to get together first on the local level
rather then moving on to the regional level, it's easier for southern
groups to get funding then for us, so they don't need us for that.
I agree with you, but it's not our style as a network to finance,
can act as an intermediary.Would like to hear reactions to Mi-kyung's
proposal.
Ros-B: Re proposal--would also like to pursue a research
network, not for the next two years, suddenly I'm doubtful whether
or not we can pursue that proposal, I'm hearing from other southern
countries that there are limitations on communications--phone, email.
Vivian
and I talking earlier, that's networking. Just wondering how we,
other southern participants, can build up this network.
Yannick: Because we're talking about the next 2 years, I
can't let myself not think about political/ideology, when
you're in a transition situation you don't know what's going to
happen in the next two years. (With reference to Houtart's comment
at the end of the International Forum on Clean Clothes: are we trying
to reform capitalism?) I ask myself--do I want to be involved in
this? the workers don't want this system.
(Referring to Emelia's strong reaction during the morning session
regarding how she felt to discover in Brussels the expensive retail
price of the products produced in Indonesian factory where she is
employed). Feeling that your own people sold you to other people,
it makes you angry. You don't want to think about having this system
for two more years. People in the south--we're always yearning for
change.We are probably yearning for a radical break, that's our
dreams. You have to understand that when you talk about the next
two years
Mikyung: 1996 committee on Korean monitoring (?)
when we got an idea on the case we are aware, we address the direction
of the society this is an idea to develop a structure on the national
level
also: I appeal to Euro NGOs--local groups
give information on working conditions to the campaigns
but local NGOs have to take next step (?)
Dwight: ETI: idea was if you have the company in a pilot
program, you could find out what the best NGOs are, by doing you
discover who it's possible to work with
Final Summary (Janneke van Eijk):
We spoke a lot about local level networks: We need cooperation between
trade unions and NGOs in producer countries.This immediately raises
lots of questions: yellow unions, no unions, NGOs started by companies
such as C&A -- should they be accepted as NGOs?
We spoke about the role of local level networks and organizations
in independent monitoring.
We agreed that it's the task of local level organizations to organize
workers not monitoring, these tasks can be complementary but they're
not the same.
Credibility--workers will not trust organizations too close to companies,
also will not trust monitors.
Training--would be helpful at the local level, to overcome the differences
between monitoring and organizing (which should be complementary,
not compete); should not come from a northern perspective.
Complaints procedure: if complaints aren't made to local groups,
you'll never receive a single complaint, we are dependent on local
groups for this.
Barriers that hinder the process:
* lack of means of communication
* other priorities of an organization
* credibility
Capacity building, training and tools to communicate are needed
to overcome this--we'll need research projects and pilot projects
and have to evaluate them very very carefully.
I have the feeling that this is no longer a north-south contradiction
(ex. Yannick says one thing, Freddy another and Mi-kyung another)--it's
not the north doing this and the south doing that, it's much more
complicated. In a way it's a positive thing, we can overcome these
contradictions.
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