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MATTEL, LEVI STRAUSS, REEBOK ENDORSE NEW CODE
On May 28, three companies highly invested in China - Mattel, Levi
Strauss
and Reebok - announced that they had joined with 21 human rights,
fair trade
and socially responsible investment groups in endorsing a set of
principles
for corporations doing business in China.
The principles include: no use of forced labor, wages sufficient
for meeting
basic needs, a reasonable number of work hours, no physical (or
other)
abuse, safe and healthy work sites, no solicitation of state repressive
apparatus, respect for freedom of association and collective bargaining,
non-discrimination, no targeting of political activists, environmentally
responsible production methods and no child labor.
Some of the principles are tagged to labor law in China. Some establish
non-numerical targets. A newly-constituted Human Rights for Workers
Working
Group will provide guidance for companies to implement the principles
and
promises to provide a level of accountability for participating
companies.
The code's endorsers note that human rights in China have, if anything,
deteriorated during a period in which U.S. private investment in
that
country has increased substantially. Thus, business engagement,
by itself,
does not guarantee an improvement in respect for human rights. Endorsers
of
the principles express the hope that their wide adoption by U.S.
companies
doing business in China will promote an improvement in human rights
in that
country.
With regard to the new code, reactions from labor rights advocates
range
from cautious optimism to outright skepticism.
<<<<<
A STEP FORWARD?
commentary by Trim Bissell, national coordinator, Campaign for Labor
Rights
A BLACK HOLE: In the past decade or so, China has become a planetary
black
hole. Like an enormous gravity force, China's cheap labor has increasingly
attracted global production, especially in sectors such as garment,
sport
shoe and toy production. China's repressive apparatus and the secretiveness
of corporations siting their production in that country have allowed
precious little light to escape, leaving consumers and labor rights
advocates mostly in the dark about labor practices there.
Although the anti-sweatshop movement has been without a China strategy,
China looms at the center of much of our work. The Disney / Haiti
campaign,
for example, was derailed in 1997 when Disney's largest clothing
contractor
in Haiti closed its 10 factories, moving most or all of its work
to China.
China is becoming the ultimate destination for a growing number
of
cut-and-run companies. It is the dark star around which we all revolve.
THE CORPORATE PLAYERS: There is ample reason to be skeptical about
the
motivation of the three initial corporate endorsers of the code.
Levi's,
after exiting China a few years back with a promise not to return
until
human rights improved, returned last year, when conditions were
arguably
worse than at the time of its departure. The toy industry is notorious
for
its use of horrendous sweatshops in China - and Mattel has been
right in
there with the rest of the pack. Reebok, Nike and other sport shoe
companies
have jogged from country to country, trying to stay one step ahead
of
democratization. Reebok thus far has skillfully burnished its human
rights
image while largely replicating the sweatshop practices of arch-rival
Nike,
which has taken the brunt of criticism from labor rights advocates.
It defies belief that these three companies are motivated by human
rights
concerns. In discounting their corporate sincerity, however, we
should not
overlook one fact: Mattel, Levi's and Reebok would not have gone
to the
trouble of joining this initiative unless they perceived a need.
A restive
public has awakened consumer-oriented companies to the fact that
they must,
at the least, pay lip service to worker rights. Ultimately, the
hypocrisy of
these companies is less important than their vulnerability.
CODE DANGERS: There is any number of voluntary codes and more will
arise -
some stronger, some weaker; some with elaborate monitoring provisions,
some
totally unmonitored. All present the same danger: that sweatshop
companies
will continue their unjust labor practices while getting cover from
meaningless pieces of paper.
CODE OPPORTUNITIES: Just as the various voluntary codes present
a common
danger for our movement, they also offer a common opportunity: to
use them
as leverage in corporate campaigns. In the words of Bama Athreya
of the
International Labor Rights Fund (the ILRF endorses the China code):
"Codes
of conduct have...been incredibly useful in corporate campaign work,
since
they provide a neat and easy target. Let's face it, hypocrites are
far more
interesting than mere wrongdoers, and it's been much easier to sensitize
press and public to Nike's failure to implement its own code of
conduct than
to its failure to comply with Indonesian labor law."
LEGISLATIVE SOLUTIONS: Those favoring legislative fixes point to
the
historical fact that it was laws, not voluntary efforts, which largely
eradicated U.S. sweatshop practices earlier in this century. Can
we once
again solve this problem through legislative corrections? Two changes
-
improved technology and reduced trade barriers - make it much easier
now for
many industries to cut and run from strong pro-worker laws. It's
worth
fighting for all the legislative fixes we can get but equally important
not
to count on "the best government that corporate money can buy"
for the
emancipation of sweatshop workers.
ILO CONVENTIONS AND OTHER INTERNATIONAL PACTS: To the extent that
governments have even bothered to sign the ILO labor conventions,
they have
proved adept at ignoring them as unnecessary inconveniences. As
with other
legislative solutions, it is worth fighting for strong worker rights
provisions in trade pacts and worth opposing trade bills lacking
such
provisions. Saying that it would be good to have strong, enforceable
international labor standards is not the same as saying that we
are now in a
position to see such standards enacted - or enforced.
WHERE IS OUR STRENGTH? Our strength is right where it has always
been, in
organizing and mobilizing a mass movement and in the empowerment
of workers.
Voluntary codes, monitoring structures, legislation, international
standards
- all of these offer both dangers and opportunities. To the extent
that our
movement is stronger, we maximize the opportunities. To the extent
that we
have failed to build our movement, the corporations will take advantage
of
the dangers. There is no quick fix, no easy solution, no rescue
by
"enlightened" corporations.
We don't have to agree on a common strategy. (And we most certainly
will not
all agree on one!) Respectful debates about differences over codes
and other
strategies are helpful. Such debate, however, is no substitute for
organizing. When there is a national day of action and we count
on a
response from hundreds of cities and hundreds of campuses, then
we will be
looking at strategy in a whole new light.
THE CHINA CODE: In the absence of other activity, the new China
code will
provide cover for the companies that sign on, without delivering
substantial
change for sweatshop workers in China. That isn't the fault of our
allies
who worked on the code. It's simply the reality of codes. The opportunity
offered by the new code lies in our ability to mobilize in support
of worker
struggles in China, using the promises of the code as leverage.
At this
point, we don't have a campaign to mobilize around. Hopefully, this
code
will help provide an opening for such a campaign.
<<<<<
PRESS STATEMENT (released May 28, 1999)
Mattel, Levi Strauss, and Reebok International Endorse Human Rights
Principles for US Business in China
Mattel Inc., Levi Strauss Inc., and Reebok International Ltd. have
agreed to
promote in their business dealings the human rights of workers in
the
People's Republic of China. These companies, which manufacture toys,
clothes
and shoes in China, endorsed a set of principles developed by major
human
rights organizations in Washington on Wednesday. The campaign will
encourage
a wide range of US companies operating or sourcing in China to sign
onto the
campaign as well.
The three companies endorsed principles for business in China that
exclude
the manufacture of products by forced or bonded labor, promote freedom
of
association among workers, and prohibit discrimination based on
age, gender,
marital status, pregnancy, ethnicity or region of origin. In addition,
companies signing the principles will forbid their facilities and
suppliers
in China from engaging in any discriminatory practice against employees
because of their participation in labor, political, or religious
activities.
The principles were drafted by human rights organizations including
the
International Labor Rights Fund (ILRF), Global Exchange and Human
Rights in
China and have been endorsed by major ethical investment firms,
consumer
groups, and other human rights organizations including Amnesty International
USA and the Lawyers' Committee for Human Rights. "This is the
first time
major US corporations have endorsed human rights principles for
China," said
Dr. Bama Athreya, ILRF's Director of Asia Programs. The ILRF has
released a
report, available to the public on ILRF's website or by request,
documenting
China's dismal human rights record over the past decade, despite
the
explosive expansion of US trade and investment there.
The principles reflect earlier Congressional efforts to promote
human rights
in China in the wake of the Tiananmen Massacre in 1989. Initiatives
in the
Congress in 1991 and 1995, respectively, failed to gain support
needed for
passage.
This campaign brings together human rights groups, shareholder
groups,
consumer groups and others to advocate for the adoption of these
principles
by all US corporations conducting business in China. A Human Rights
for
Workers Working Group is expected to provide detailed guidance for
companies
to implement these principles successfully, and provide a level
of public
accountability for signatories to the business principles.
For more information on the principles, contact Bama Athreya at
(202)347-4100; also human rights activist Yi Tong at (212) 662-7208,
Xiao
Qiang, Executive Director of Human Rights in China at (212) 239-239-4495,
or
Medea Benjamin, Co-Director of Global Exchange at (415)255-7296.
LABOR RIGHTS IN CHINA
US Business Principles for Human Rights of Workers in China
The Campaign Background
Why a new campaign on human rights principles for US business in
China now?
In short, we believe that the 10 year anniversary of the Tiananmen
pro-democracy movement, and the crackdown of the Chinese government
on that
movement, provide a perfect time to reflect on the US policy of
"constructive engagement." After the crackdown, the US
government decided
that the best way to improve the human rights situation in China
was through
a policy of "constructive engagement," or, through pushing
the Chinese
government to open its doors to US business. Over the past ten years
this
policy has brought great benefit to US business, but the human rights
situation remains bleak. We need a genuine strategy designed to
encourage US
business to promote human rights in China.
The idea of a set of human rights principles for US business in
China has
been circulated many times and in many forms in recent years. It
appeared
first in 1991 as a US Congressional resolution, introduced by Rep.
John
Miller, with language that would require the US Department of State
to
verify company compliance with the principles and would have the
potential
to apply sanctions to non-complying companies. This bill was passed
in the
House of Representatives but the Senate took no action on it. In
1995, Rep.
Tom Lantos re-introduced a similar bill to the House but it failed
to reach
the floor of the House.
We believe the time is right to recirculate these principles for
US business
in China, and to develop a sign-on campaign for US companies in
all
industries operating in China. The campaign will draw on broad based
support
from human rights groups, shareholder groups, consumer groups and
others to
advocate for a new set of US Business Principles for Human Rights
of Workers
in China. Moreover a newly-constituted Human Rights for Workers
Working
Group will provide detailed guidance for companies to implement
these
principles successfully, and provide a level of public accountability
for
signatories to the Principles.
The campaign will play a unique role in bringing together vibrant
activist
movements on sweatshops, and on human rights in China. The longstanding
debate on corporate accountability intersects with a similarly longstanding
public interest in human rights in China. That interest has been
enhanced in
recent months by the high-profile visits of Premier Zhu Rongji of
China to
the United States, and of US President Bill Clinton to China. In
the debate
surrounding these visits, public concerns about corporate accountability
were noted among a range of issues involving political repression
and rights
abuses in China.
The goals of the campaign will be to raise awareness in the United
States of
human rights abuses in China, and of the role US business can play
-
positive or negative - in influencing the human rights atmosphere.
Increased
public awareness will encourage US businesses to endorse and implement
the
human rights principles. This will also lead to a change in the
government-to-government relationship, as the business community
partners
with the human rights community to encourage both the US and Chinese
governments to find new ways to promote human rights issues as part
of their
bilateral dialogue.
The International Labor Rights Fund is uniquely poised to play
a role in
bridging the gap between these two activist movements, as a human
rights
organization with extensive
experience in the corporate accountability area, and as an organization
in
networks with trade unions, religious organizations, academic associations
and human rights organizations both in the United States and elsewhere.
Global Exchange, another sponsor of this initiative, has published
reports
of serious workers' rights abuses in shoe and garment factories
in China
producing for companies such as Disney, Nike and Reebok. Global
Exchange has
also been in dialogue with a number of US companies on how to work
with the
international human rights community to help create more space for
workers'
rights in China.
<<<<<
THE CODE (complete text)
US Business Principles for Human Rights of Workers in China
May, 1999
As companies doing business in China, we seek to hear and respond
to the
concerns of workers making our products. We want to ensure that
our business
practices in China respect basic labor standards defined by the
International Labor Organization, and basic human rights defined
by the
United Nations Universal Declaration of Human Rights and encoded
in the
International Covenants on Economic, Social and Cultural Rights,
and Civil
and Political Rights, signed by the Chinese government, as well
as in
China's national laws. To this end, we agree to implement and to
promote the
following principles in the People's Republic of China:
(1) No goods or products produced within our company-owned facilities
or
those of our suppliers shall be manufactured by bonded labor, forced
labor,
within prison camps or as part of reform-through-labor or
reeducation-through-labor programs.
(2) Our facilities and suppliers shall provide wages that meet
workers'
basic needs, and fair and decent working hours, at a minimum adhering
to the
wage and hour guidelines provided by China's national labor laws
and
policies.
(3) Our facilities and suppliers shall prohibit the use of corporal
punishment, as well as any physical, sexual or verbal abuse or harassment
of
workers.
(4) Our facilities and suppliers shall use production methods that
do not
negatively affect the occupational safety and health of workers.
(5) Our facilities and suppliers shall not seek police or military
intervention to prevent workers from exercising their rights.
(6) We shall undertake to promote the following freedoms among
our employees
and the employees of our suppliers: freedom of association and assembly,
including the rights to form unions and to bargain collectively;
freedom of
expression; and freedom from arbitrary arrest or detention.
(7) Employees working in our facilities and those of our suppliers
shall not
face discrimination in hiring, remuneration or promotion based on
age,
gender, marital status, pregnancy, ethnicity or region of origin.
(8) Employees working in our facilities and those of our suppliers
shall not
face discrimination in hiring, remuneration or promotion based on
labor,
political or religious activity, or on involvement in demonstrations,
past
records of arrests or internal exile for peaceful protest, or membership
in
organizations committed to non-violent social or political change.
(9) Our facilities and suppliers shall use environmentally responsible
methods of production that have minimum adverse impact on land,
air and
water quality.
(10) Our facilities and suppliers shall prohibit child labor, at
a minimum
complying with guidelines on minimum age for employment within China's
national labor laws.
We will work cooperatively with human rights organizations both
to ensure
that our enterprises and suppliers are respecting these principles,
and more
broadly to promote respect for these principles in China. We will
issue an
annual statement to the Human Rights for Workers in China Working
Group
detailing our efforts to uphold these princip
The Clean Clothes Campaign
PO BOX 11584
1001 GN Amsterdam
+31-20-4122785
+31-20-4122786
info@cleanclothes.org
www.cleanclothes.org
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