Nov. 9, 2007
ITUC: India: Government Supports
Employer in Cover-up of Worker Rights Abuses
International Trade Union Confederation
(ITUC)
The
ITUC has criticised attempts by the Indian government
and the Bangalooru Court to cover up serious labour
rights violations by the Fibre & Fabrics International
company (FFI) and its subsidiary Jeans Knits Pvt.
Ltd in the Indian city.
Local labour rights groups, supported by the
Clean Clothes Campaign (CCC) and the India Committee
of the Netherlands (ICN) initially exposed the
violations in 2005. Following this the company,
which supplies jeans to Dutch company G-Star and
other international brands, took legal action
in 2006 in the Bangalooru Court to ban the local
groups, CCC and ICN from speaking about or publicising
the violations.
The CCC subsequently took the issue up with under
the procedures of the OECD Guidelines for Multinational
Enterprises, stressing that under the gagging
order, local trade unions cannot operate freely,
and that companies doing business with FFI cannot
implement any credible form of corporate social
responsibility programme. The company filed a
court case against the CCC, ICN, internet provider
Antenna and adsl supplier Xs4ALL, alleging that
they engaged in cyber crime, defamation, racism
and xenophobia. Refusing to accept that they be
represented by a lawyer rather than travelling
to India to appear in person, the Court issued
summonses against the four organisations and seven
individuals. A November 20 Court hearing is expected
to determine whether the court will seek to issue
international arrest warrants against the worker
rights advocates.
The initial report put forward by the CCC and
ICN on the company based on interviews with workers
from various parts of the company's operations,
revealed physical and verbal abuse of the workforce,
hazardous working conditions, lack of proper employment
contracts, long working hours and non-payment
of overtime entitlements. CCC and ICN did acknowledge
that some improvements had been made by the company
management after the release of the report, but
that serious problems continued to exist. They
called on the company to take part in a process
of dialogue with the local trade union GATWU and
independent mediators, however the company continued
its court action instead.
"All these people have done is to try to
tell the truth about severe exploitation of the
FFI workers," said ITUC General Secretary
Guy Ryder. "Instead of supporting the employer's
use of the local Court to threaten labour rights
supporters with criminal proceedings which carry
penalties of up to two years in prison, the Indian
government should be defending the rights of its
own people and not leaving them at the mercy of
unscrupulous bosses", he added.
The ITUC understand that the attack on CCC and
ICN has now been taken up with the Dutch and other
European governments and the European Commission
by the Indian Trade and Commerce Ministry, which
has claimed that the publicity around this and
similar cases is a "non-tariff barrier"
to trade. In past years, India has consistently
refused to allow any discussion at the WTO of
violations of labour standards.
"Actions of this kind can only hurt India's
reputation as a country with which global companies
can do business in confidence, and we urge them
to put a stop to this unacceptable attack on freedom
of speech and fundamental workers' rights",
said Ryder.
The ITUC represents 168 million workers in 153
countries and territories and has 305 national
affiliates. Website: http://www.ituc-csi.org