Keep the pressure on the brands sourcing from FFI/JKPL to ensure the court order silencing Indian labour support organisations is removed so that violations of workers' rights can be resolved.

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The Garment and Textile Workers' Union (GATWU), Women Garment Workers Front (Munnade), Civil Initiatives for Development and Peace (CIVIDEP), the New Trade Union Initiative (NTUI) and the Clean Clothes Campaign Task Force in India remain under a court order which forces them to remain silent about the situation at FFI/JKPL. The gag order followed detailed reports about labour rights violations taking place at FFI/JKPL that were made public by these local organisations. The wide-ranging violations included harassment of workers; physical abuse; arbitrary termination of services without following due legal process; lack of letter of employment; lack of crèche, rest rooms and canteen facilities; non-provision of identity cards; absence of proper safety measures and non-payment of overtime wages
[See: www.cleanclothes.org/urgent/06-08-16.htm].

The City Civil Court of Bangalore issued the restraining order, at the request of FFI/JKPL management, on 28 July 2006 without getting any input from the defendants. On 25 August 2006, FFI/JKPL management filed proceedings for contempt of court in an apparent attempt to further thwart the work of GATWU, Munnade, CIVIDEP, NTUI and the CCC Task Force.

On 15 December 2006, after being postponed a number of times, the first hearing for the defendants finally took place. At this hearing the local organisations had the opportunity to respond to the allegations of ´slander´ made by FFI/JKPL. Their argument concentrated on the fundamental rights of workers to form associations and to freely express their opinions; individuals and organisations that work on labour rights should have the right to expose violations of these rights in any workplace.

On 20 December 2006, the counsel of FFI/JKPL was heard. The next hearing is scheduled for Friday 12 January 2007. It is still unclear when the court will make its decision. Till then the restraining order remains in place.

Workers' rights violations at FFI/JKPL substantiated by various sourcesWorkers´ testimonies collected by the local trade union GATWU document wide ranging violations of workers´ rights and human rights in the production units of FFI and JKPL over an extended period of time in 2005 and 2006. The violations included harassment of workers; physical abuse; arbitrary termination of services without following due legal process; lack of letter of employment; lack of crèche, rest rooms and canteen facilities; non-provision of identity cards; absence of proper safety measures and non-payment of overtime wages. An independent fact-finding committee consisting of local human rights organisations and social activists has backed up these claims [ 53kb) View their report]. Audits of working conditions commissioned by various brands sourcing from FFI/JKPL have validated several violations, even though the audits failed to involve local organisations. An audit by US-brand Ann Taylor confirmed abusive conditions in the factory including concerns regarding possible physical and verbal harassment.

FFI/JKPL management has, under national and international pressure, made some positive changes within their facilities. The fact-finding team as well as other Bangalore labour rights organisations report that unpaid overtime and physical abuse has stopped. The positive changes made by FFI/JKPL are welcomed, but they are not enough. Systematic changes are still needed at these facilities. According to the fact-finding committee, FFI/JKPL management is still guided by its distrust and disrespect for its own workers and their respective organisations.

Brand responses The CCC has repeatedly called upon the companies sourcing from FFI/JKPL to adhere to their commitment to the right to organize and push for the withdrawal of the court order. Until now, the companies have responded in various ways, from starting remediation of violations with FFI management to not responding at all. However, local organizations were never involved directly in the development and implementation of remediation plans, which makes a credible verification of improvements at FFI/JKPL impossible.

G-Star, a Dutch denim brand, is the largest buyer at FFI/JKPL. To date G-Star has not developed an effective remediation strategy involving local stakeholders for FFI/JKPL. The first meeting between CCC/ICN and G-Star took place in December 2005. Due to the lack of progress and unwillingness of G-Star to take action, the CCC and ICN drew in public pressure to move G-Star into action. The CCC decided to put off dialogue with G-Star when the restraining order was put in place. On 11 October 2006, the CCC and the ICN filed a complaint against G-Star at the National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprises. These guidelines provide voluntary principles and standards for responsible business conduct of multinational enterprises consistent with applicable laws [See: www.cleanclothes.org/codes/oecd.htm].

CCC and ICN ask the Dutch NCP to:

• Facilitate a dialogue between CCC/ICN and G-Star - on the understanding that removal of the restraining order in India is a pre-condition for the continuation of the dialogue in the Netherlands
• Bring about a dialogue between G-Star and its Indian suppliers FFI/JKPL to make sure an effective remediation plan is developed to address the outstanding rights' violations and implemented in collaboration with local stakeholders
• Help bring about a mediated local dialogue between FFI/JKPL and labour rights organisations involved in order to develop and implement an effective remediation plan. This in the understanding that the local labour rights organisations, including GATWU, Cividep and Munnade are currently extremely limited in their activities due to the restraining order.

This complaint was accepted by the NCP on 6 December 2006. G-Star, CCC and ICN agreed to suspend publishing confidential information that is shared among the parties as part of the processing of the complaint by the NCP. The CCC and ICN will keep their respective constituencies informed on the status of the OECD complaint and other developments.

Mexx has informed the CCC that they want to bring the various stakeholders in Bangalore together to start negotiations on remediation. However, Mexx acknowledges that the court order has to be lifted before any serious steps towards meaningful solutions can be taken. We expect to hear in January the steps Mexx has taken in this regard. Meanwhile, the CCC welcomes the fact that Mexx has joined the Fair Wear Foundation [See: www.cleanclothes.org/codes/fwf.htm], a multistakeholder initiative aimed at the improvement of labour standards in the garment industry, to come to a more sustainable approach of the improvement of working conditions at the factories producing their clothes.

Us-based Ann Taylor has continuously been in dialogue with FFI about remediation since the CCC alerted them to the rights violations in July 2006 and has outlined to the CCC which steps they expect to take. After doing two audits - in which they used two different monitoring firms and carried out off-site worker interviews, but failed to include the observations of local stakeholder organisations - Ann Taylor concluded that improvements have been made at FFI/JKPL. They claim that the workers interviewed also confirmed the improvements and expressed their satisfaction with the current working environment. In addition, they claim that they have strongly conveyed to the FFI management the benefits of having good relations with local stakeholders. Ann Taylor now gets monthly updates from FFI management about the implementation of the remediation plan.

Unfortunately, Ann Taylor has not made the withdrawal of the restraining order a prerequisite for starting serious remediation activities. Also, Ann Taylor has not shared their audit reports or remediation plans with the CCC, local organisations nor the wider public to date. In this particular situation, GATWU, CIVIDEP or Munnade are not able to report back or assess the implementation of the remediation plan, due to the restraining order. It is therefore impossible to assess the quality of the remediation steps initiated by Ann Taylor.

To our surprise US-based Gap placed new orders at FFI/JKPL at a time that the gag order was in place and while the CCC campaign to address the violations at these companies was running. After a request from the CCC, Gap approached the management to have them withdraw the complaint that is the basis of the court order. To date this has not resulted in the withdrawal of the complaint nor in starting a meaningful dialogue between FFI/JKPL management and local stakeholders.

Tommy Hilfiger, currently not producing at FFI/JKPL, but sourcing from FFI when the violations were reported, have written a letter to FFI stating that ´placing court orders on local Indian organisations in order to prevent them for circulating information related to the situation in FFI and JKPL is not the way to solve the situation in a constructive manner´. Furthermore Tommy Hilfiger states: ´Should we consider future cooperation with your factory, we will evaluate whether your factory complies with the code of conduct and all applicable laws. In the event that issues as currently reported by the CCC are unsolved, we will not consider working with your factory'.

The European office of US-based Guess replied that they might have placed a "development" order, but that they are not an "active" buyer from FFI/JKPL. They told CCC that they would report new developments, but so far have not made any effort to discuss the outstanding demands with CCC.

To date the Italian companies Armani and RaRe have not responded to CCC requests that they follow up on the situation at FFI/JKPL.

Demands to companiesCCC demands to the brands sourcing from FFI/JKPL remain the same. We call on the brands sourcing from FFI/JKPL to work collaboratively to ensure that:

• FFI/JPKL removes the restraining order on the local Indian organisations.
• FFI/JKPL engages with local stakeholders including GATWU, NTUI and the Women Garment Workers' Front 'Munnade' to follow up on previous meetings.
• FFI/JKPL develops and implements a remediation plan in collaboration with GATWU and other stakeholders to address the specific issues at the factory as already outlined to FFI/JKPL and the brands sourcing from the factory (see below).
• There is local stakeholder involvement in any social audit and other activities aimed at addressing the issues in the factory.
• The existing grievance procedure is improved for workers to report non-compliance issues anonymously and by involving organisations that workers are confident will follow-up on their concerns.
• Freedom of association is truly implemented, and mechanisms for collective bargaining established.

More information on demands >>

Action request

Please read the May 10 - 2007 update: Continuous Call for Action to lift restraining order imposed by Fibres & Fabrics International

Please contact FFI/JKPL management and the brands sourcing from FFI/JKPL to urge them to remove the gag order and to start serious remediation of the violations of workers' rights.

Send a letter to:

1. FFI/JKPL management
2. G-Star
3. Armani, RaRe and Guess
4. Ann Taylor
5. Mexx
6. Gap

Dear Mr Ghaise
I have been informed by the Clean Clothes Campaign about the history of violations of workers' rights in your factory. In 2006 GATWU, NTUI and a fact finding mission carried out interviews with workers at your factory and reported serious wide-ranging violations of workers' rights and human rights in these factories, including harassment of workers; physical abuse; arbitrary termination of services without following due legal process; lack of letter of employment; lack of crèche, rest rooms and canteen facilities; non-provision of identity cards; absence of proper safety measures and non-payment of overtime wages.

I am pleased to hear that the most severe violations, such as the physical beatings, the insults to workers, and the continuous overtime have ceased. This I see as an important step forwards to labour conditions in compliance with international labour standards.

However, I am shocked to learn that, instead of engaging in dialogue with the organisations supporting workers' rights in the region, your company asked for a court order to be placed on the local Indian organisations to prevent them from circulating information related to the situation in FFI and JKPL inside and outside India. Despite repetitious international calls by the CCC, the India Committee in the Netherlands (ICN) as well as by companies sourcing from your factories upon you to withdraw the complaint that is the basis of the court order and to start a meaningful dialogue with the local organisations to bring about a remediation plan and address these issues in any long-term way, I understand that until today this did not happen. I strongly believe that local stakeholder involvement is essential to result in the sustainable improvement of working conditions at FFI and JKPL.

I therefore call on you to:

• Withdraw the complaint that is the basis of the restraining order on the local Indian organisations.
• Engage with your local stakeholders including GATWU, NTUI and the Women Garment Workers' Front 'Munnade' to follow up on previous meetings.
• Develop and implement a remediation plan in collaboration with GATWU and other stakeholders to address the specific issues at the factory as already outlined to you.
• Improve the existing grievance procedure for workers to report non-compliance issues anonymously and by involving organisations that workers are confident will follow-up on their concerns.
• Truly implement freedom of association and establish mechanisms for collective bargaining. A continuous dialogue with local stakeholders is the basis for this.

I understand that under the auspices of the Dutch National Contact Point for the OECD guidelines, efforts will be made to ensure the start of a dialogue between FFI/JKPL and the local stakeholders to improve labour conditions. G-Star could be an important catalyst in this.

I therefore want to seize this opportunity to call on G-Star to accept the request of the Dutch NCP to engage with the CCC and ICN to address the issues at FFI/JKPL. G-Star should persuade FFI and JKPL to meet with local stakeholders and to implement a remediation plan to address the specific issues at the factory as already outlined to FFI/JKPL and G-Star. I believe that G-Star should condemn the restraining order and publicly put pressure on FFI/JKPL management to withdraw the complaint that is the basis of the gag order. G-Star should furthermore take steps to see that FFI and JKPL do not victimize workers for speaking out about the experiences in the factory or for exercising their right to freedom of association.

Furthermore I call on G-Star to work collaboratively with the other brands sourcing from FF/JKPL to ensure that:

• FFI/JPKL withdraw the complaint that is the basis of the restraining order on the local Indian organisations.
• FFI/JKPL engage with local stakeholders including GATWU, NTUI and the Women Garment Workers' Front 'Munnade' to follow up on previous meetings.
• The factory management develops and implements a remediation plan in collaboration with GATWU and other stakeholders to address the specific issues at the factory as already outlined to FFI/JKPL and the brands sourcing from the factory.
• There is local stakeholder involvement in any social audit and other activities aimed at addressing the issues in the factory.
• The existing grievance procedure is improved for workers to report non-compliance issues anonymously and by involving organisations that workers are confident will follow-up on their concerns.
• Freedom of association is truly implemented, and mechanisms for collective bargaining established. A continuous dialogue with local stakeholders is the basis for this.

In 2006 local Indian organisations, GATWU, NTUI and a fact finding mission carried out interviews with workers at FFI/JKPL and reported serious wide-ranging violations of workers' rights and human rights in these factories including harassment of workers; physical abuse; arbitrary termination of services without following due legal process; lack of letter of employment; lack of crèche, rest rooms and canteen facilities; non-provision of identity cards; absence of proper safety measures and non-payment of overtime wages.

Although I am pleased to hear that the most severe violations, such as the physical beatings, the insults to workers, and the continuous overtime have ceased, I am shocked to learn that, instead of engaging in dialogue with the organisations supporting workers' rights in the region to ensure continuing improvements on a long term basis, FFI/JKPL management asked for a court order to be placed on the local Indian organisations to prevent them from circulating information related to the situation in FFI and JKPL outside India. The injunction in no way builds meaningful dialogue to bring about a remediation plan to deal with the issues workers face. Your company should condemn the restraining order and make sure that follow-up is given to previous meetings between factory management and the local union and organisations. Your company should furthermore take steps to see that FFI and JKPL do not victimize workers for speaking out about the experiences in the factory or for exercising their right to freedom of association.

I am extremely disappointed that you have failed to respond to the Clean Clothes Campaign who wrote to inform you about these violations, and more importantly, that you have failed to take action that you are prepared to make public.

I call upon you to work collaboratively with other buyers to ensure that:

• FFI/JPKL withdraw the complaint that is the basis of the restraining order on the local Indian organisations.
• FFI/JKPL engage with local stakeholders including GATWU, NTUI and the Women Garment Workers' Front 'Munnade' to follow up on previous meetings.
• The factory management develops and implements a remediation plan in collaboration with GATWU and other stakeholders to address the specific issues at the factory as already outlined to FFI/JKPL and the brands sourcing from the factory.
• There is local stakeholder involvement in any social audit and other activities aimed at addressing the issues in the factory.
• The existing grievance procedure is improved for workers to report non-compliance issues anonymously and by involving organisations that workers are confident will follow-up on their concerns.
• Freedom of association is truly implemented, and mechanisms for collective bargaining established. A continuous dialogue with local stakeholders is the basis for this.

In 2006 local Indian organisations, GATWU, NTUI and a fact finding mission carried out interviews with workers at FFI/JKPL and reported serious wide-ranging violations of workers' rights and human rights in these factories including harassment of workers; physical abuse; arbitrary termination of services without following due legal process; lack of letter of employment; lack of crèche, rest rooms and canteen facilities; non-provision of identity cards; absence of proper safety measures and non-payment of overtime wages.

Although I am pleased to hear that the most severe violations, such as the physical beatings, the insults to workers, and the continuous overtime have ceased, I am shocked to learn that, instead of engaging in dialogue with the organisations supporting workers' rights in the region to ensure continuing improvements on a long term basis, FFI/JKPL management asked for a court order to be placed on the local Indian organisations to prevent them from circulating information related to the situation in FFI and JKPL outside India. The injunction in no way builds meaningful dialogue to bring about a remediation plan to deal with the issues workers face.

I very much welcome Ann Taylor's dialogue with the CCC, the fact that you immediately carried out an investigation into the violations reported and that you have immediately requested FFI / JKPL to take corrective action. I have my doubts however on the quality of the improvements made, particularly on the long term, when local stakeholder organisations are not involved. I therefore urge you to ensure that:

• FFI/JPKL withdraw the complaint that is the basis of the restraining order on the local Indian organisations.
• FFI/JKPL engage with local stakeholders including GATWU, NTUI and the Women Garment Workers' Front 'Munnade' to follow up on previous meetings.
• The factory management develops and implements a remediation plan in collaboration with GATWU and other stakeholders to address the specific issues at the factory as already outlined to FFI/JKPL and the brands sourcing from the factory.
• There is local stakeholder involvement in any social audit and other activities aimed at addressing the issues in the factory.
• The existing grievance procedure is improved for workers to report non-compliance issues anonymously and by involving organisations that workers are confident will follow-up on their concerns.
• Freedom of association is truly implemented, and mechanisms for collective bargaining established. A continuous dialogue with local stakeholders is the basis for this.

In 2006 local Indian organisations, GATWU, NTUI and a fact finding mission carried out interviews with workers at FFI/JKPL and reported serious wide-ranging violations of workers' rights and human rights in these factories including harassment of workers; physical abuse; arbitrary termination of services without following due legal process; lack of letter of employment; lack of crèche, rest rooms and canteen facilities; non-provision of identity cards; absence of proper safety measures and non-payment of overtime wages.

Although I am pleased to hear that the most severe violations, such as the physical beatings, the insults to workers, and the continuous overtime have ceased, I am shocked to learn that, instead of engaging in dialogue with the organisations supporting workers' rights in the region to ensure continuing improvements on a long term basis, FFI/JKPL management asked for a court order to be placed on the local Indian organisations to prevent them from circulating information related to the situation in FFI and JKPL outside India. The injunction in no way builds meaningful dialogue to bring about a remediation plan to deal with the issues workers face.

I welcome your dialogue with the CCC and the fact that you want to bring the various stakeholders together to start negotiations on remediation. I hope that your action will have the following effects:

• FFI/JPKL withdraw the complaint that is the basis of the restraining order on the local Indian organisations.
• FFI/JKPL engage with local stakeholders including GATWU, NTUI and the Women Garment Workers' Front 'Munnade' to follow up on previous meetings.
• The factory management develops and implements a remediation plan in collaboration with GATWU and other stakeholders to address the specific issues at the factory as already outlined to FFI/JKPL and the brands sourcing from the factory.
• There is local stakeholder involvement in any social audit and other activities aimed at addressing the issues in the factory and that Mexx shares their audit reports with local stakeholder organisations.
• The existing grievance procedure is improved for workers to report non-compliance issues anonymously and by involving organisations that workers are confident will follow-up on their concerns.
• Freedom of association is truly implemented, and mechanisms for collective bargaining established. A continuous dialogue with local stakeholders is the basis for this.