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Human Rights and the Transnational Garment Industry in South and South-East Asia: a Focus on Labour Rights

by J. G. Frynas*

Paper presented at the International Conference of the Comparative Interdisciplinary Studies Section (CISS) of the International Studies Association (ISA), Renaissance Mayflower Hotel, 29-30 August 2000, Washington DC, USA.


Abstract
In the last several decades, labour-intensive industries such as garment production have increasingly been re-located from developed countries to developing countries with lower labour costs. In many of these developing countries, the standards of human rights are lower and the garment firms violate some of the key internationally accepted human rights. This paper examines the impact of transnational garment firms on human rights in South and South-East Asia by focusing on labour rights.

UN human rights standards and International Labour Organization (ILO) norms form the basis for the analysis of the impact of garment firms on human rights in this paper. Combining a number of core labour rights stipulated by the UN and the ILO, this paper focuses on the following ten rights and prohibitions: the right to form and join trade unions; the right to freedom from discrimination; the prohibition of forced or compulsory labour; the prohibition (or limitation) of child labour; the right to leisure and rest during work; the right to equality of treatment between home workers and other wage earners; the right to an 8-hour day or a 48-hour week; the right to a healthy and safe working environment; the right to a minimum wage and the prohibition of firing a worker without a valid reason related to the quality of his/her work.

This paper is predominantly based on primary sources and reports on garment production in Asia collated by the CleanClothesCampaign (CCC) and the Centre for Research on Multinational Corporations (SOMO) in Amsterdam as well as interviews with staff of CCC and SOMO. In addition, a questionnaire on the ethical policy of clothing retailers towards clothing suppliers was sent to 11 clothing retailers in the UK, although most firms failed to respond to the questionnaire.

The paper starts by describing the trade patterns in the international garment industry. This sets the background for the subsequent analysis of the human rights impact of transnational corporations (TNCs), the main part of the paper. This analysis is followed by a brief discussion of the indirect impact of TNCs on human rights, a discussion of the retailers’ ethical policies towards their clothing suppliers and a conclusion.

* Jêdrzej George Frynas is Senior Lecturer in International Business at Coventry Business School, Coventry University. He is the author of Oil in Nigeria - Conflict and Litigation between Oil Companies and Village Communities (Hamburg/Muenster: LIT) and articles in journals such as Third World Quarterly, African Affairs and Review of African Political Economy. The author is very grateful for the kind assistance rendered by CCC staff, especially Ineke Zeldenrust, in the course of this research. Many thanks also to Joris Oldenziel of SOMO and Martin Pepper of Littlewoods for their kind assistance. Last but not least, the author would like to thank the Coventry Business School for generous funding of this research.

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