Oct. 25,
2007 Clean Clothes
Campaign (CCC) and India Committee of the Netherlands
(ICN) falsely accused
During
a state visit of the Dutch Queen and several ministers
and companies, the Indian Minister of Economic affairs,
Shri Kamal Nath, confronted the delegation with
misleading information on the work of the Clean
Clothes Campaign and the India Committee of the
Netherlands, in relation to the factory FFI in Bangalore.
BACKGROUND FFI, which
produces jeans mainly for the Dutch brand G-Star,
refuses to enter into any form of dialogue with
unions and human rights organisations in Bangalore
- who were the first to report about the labour
law violations (end of 2005, beginning of 2006).
Instead, FFI has been systematically trying, via
legal action, to prevent these organisations from
publicly reporting about what is going on in their
factories.
The local Indian court banned local organisations
from speaking about FFI in July 2006, without
having heard the case by putting a gag order on
these organisations. It is unclear when the case
will be fully tried by the court.
The CCC has taken up this case with the garment
companies that source from FFI. A complaint about
the case was also filed with the Dutch Government's
National Contact Point for the OECD Guidelines
for Multinational Enterprises. The direct result
of the gag order is that unions cannot operate
freely anymore, and that companies cannot implement
a credible corporate social responsibility policy.
Both CCC and ICN have reported about this on their
websites.
FFI has subsequently reacted to this by filing
a court case against the CCC, ICN, Xs4all and
Antenna, charging them with cyber crime, defamation,
racism and xenophobia. The court has refused to
accept that the CCC and ICN want to defend themselves
via lawyer, and has issued an arrest warrant against
all organisations and seven individual people.
On November 20th, CCC and ICN expect a decision
whether or not the Indian arrest warrant will
become internationally valid.
In the meantime Amnesty International has objected
to this legal action, and has publicly voiced
their concerns about the "continued harassment
of defenders of women workers' rights and campaigners
abroad", and has condemned the "the
filing of apparently false criminal charges against
them, aimed at curbing their freedom of expression".
PRESS STATEMENT Amsterdam,
October 25th 2008
Clean Clothes Campaign (CCC) and India Committee
of the Netherlands (ICN) falsely accused
CCC and ICN forcefully deny that their information
about labour rights violations at the Indian jeans
factory FFI is false, as the Indian Minister for
Economic Affairs yesterday claimed while talking
to the Dutch governmental delegation. The Dutch
delegation, including the Dutch Queen, the Ministers
of Foreign Affairs and Economic Affairs and the
employers' and business organisation as well as
several companies are in India for a state visit.
"We are shocked that the delegation has
obviously let itself be taken by surprise, and
did not themselves raise concerns about the consequences
of FFI's legal actions against Indian and Dutch
human rights organisations for the right to freedom
of speech and freedom of association. This has
serious consequences for Dutch policy making on
corporate social responsibility", says Christa
de Bruin of the CCC.
For months the organisations have been conferring
with various Dutch Ministries about the legal
complaints of criminal defamation, racism and
cyber crime that were filed by FFI against the
CCC, ICN and internet provider Antenna and adsl
supplier Xs4ALL. The organisations have always
insisted on a pro-active role of the Dutch government
in this matter. On September 26th, Dutch political
party SP raised questions about this case in the
Dutch Parliament. Although requested, no response
to these questions was provided before the state
visit.
Statements in the press, especially those of
Dutch employers' and business organisation VNO-NCW
president Wientjes, who spoke about manipulated
photo coverage of FFI, have resulted in an incorrect
understanding of the case. It is particularly
detrimental that with his comments Wientjes appears
to support the allegations that the Indian Minister
for Economic Affairs has lodged with the Dutch
delegation about the activities of CCC and ICN.
To be perfectly clear: CCC and ICN have never
claimed that there is child labour at FFI. Violations
of other labour rights were indeed brought up,
which were investigated by a team of Indian labour
law experts. In the two years during which this
case has been ongoing our reporting was never
proven to be factually incorrect., not by FFI
nor by a court of law.
CCC and ICN call upon the Dutch government to
immediately engage in a serious dialogue with
their Indian counterparts, which should revolve
around the right to freedom of speech for Dutch
and Indian organisations and the right to freedom
of association. The Dutch government should also
urge the Indian government to refrain from requesting
the international extradition of the board members
of the two organisations, the service provider
and adsl supplier and other individuals named
in the FFI lawsuit.