What’s better than brands’ giving their word on how things will improve for the workers with voluntary agreements? A legally binding agreement that holds brands accountable by a court of law.

The problem

About a decade after the adoption of the UN Guiding Principles (UNGP), it is clear that reliance on a voluntary framework has proven insufficient and ineffective for workers and the broader society. While various voluntary initiatives have been established from safety to wages and then some, research repeatedly reveals devastating facts. Working conditions and workers’ lives have not improved and the garment industry remains marred by endemic human rights violations and systematic exploitation.

Systemic patterns of human rights violations in the companies’ value chains speak volumes of a lack of systematic and meaningful Human Rights Due Diligence (HRDD) practice. Violations of freedom of association, poverty wages, even with extensive overtime, occupational health and safety issues, and gender-based discrimination and violence are frequently documented in numerous brands’ and retailers’ value chains – despite their public commitments that they would prevent such human and labour rights abuses. Neither non-judicial grievance mechanisms nor social auditing, certification schemes, or various (other) responsible business initiatives have had the impact touted at their launch.

Workers risk their lives to make T-shirts in crumbling buildings, many send their children to sleep hungry despite working 12, even 16-hour shifts, and many cannot even stay with their families because the cost of living near their workplace is prohibitive on poverty wages that workers are still being paid. Most of these workers being women, they also witness, and many experience, gender based violence and discrimination.

These are some of the issues that we hold garment companies directly responsible for, despite their smokescreens such as claims that by not being garment workers’ direct employers they are absolved of the responsibility to ensure safe and just working environments.

Clothing companies have responded to outside criticism of labour rights violations in their supply chains by promising to do better. Many use these voluntary commitments as a selling point, trying to signal that theirs is a socially conscious company.

The lofty Codes of Conduct and sugar coated public commitments since worker exploitation in outsourced factories was first widely exposed, in the 1990s, evaporated into thin air as soon as consumers’ gaze turned away.

What we do

As Clean Clothes Campaign, we are an active member in various coalitions and initiatives that ask for strong legislation.

Legislation that will guarantee the right to remedy when workers' rights are violated, that will ensure there is liability for the whole supply chain, and that includes climate and environmental considerations.

We believe there will be a need for legislation on various levels: a UN Binding Treaty, a strong EU legislation that includes special provisions for high-risk sectors like the garment industry, and national-level initiatives that can take further measures.

We want garment companies to clean up their act and the whole industry, and to do so now. Workers have waited far too long, with brands’ promises going unmet.

As a first step, we ask for binding agreements signed by brands and applicable at their supplier workplaces.

We want to see a series of enforceable supply chain agreements that will address specific issues within the supply chain. We want them to specify concrete measures as well as enforcement, supervision, complaint mechanisms and remedy.

These agreements are legally binding contracts that can be upheld in a court of law so brands cannot make promises that nobody holds them accountable for. They are voluntary in that garment brands individually opt in rather than face a legal requirement to sign on. These agreements create legal commitments, and if they are violated, brands can find themselves in courtrooms.

Examples of agreements that are a result of this strategy are the Accord on Fire and Building Safety in Bangladesh and the Freedom of Association Protocol in Indonesia. The latest such agreement addresses gender-based violence at factories in Lesotho, in the wake of Workers Rights Consortium’s investigation and subsequent negotiation with key buyers.

Next, we want to see enforceable supply chain agreements on wages.

We want due diligence to be a matter of regulatory compliance with not only clear enforcement mechanisms but also effective remedies. Human rights violations should be a matter of urgency for the garment and sportswear industry, it's time stakeholders work together to eradicate them from the supply chain.

Background

Companies have a lot of money to spend on presenting their toothless measures as social consciousness, and many consumers buy into this narrative. Yet it must be clear after decades of trying and testing that voluntary commitments are not enough.

The alterative we advocate are binding agreements that address the root causes of major problems. The promises contained in those documents are legally binding, unlike the many lofty words that brands put together to ride the wave of ”sustainable” consumption.

What distinguishes such agreements from the regular worker-management or workplace collective bargaining agreements is that they are negotiated with brands and retailers. These are not garment workers’ direct employers, but as buyers from garment factories they have a responsibility for working conditions and workers' rights in their supply chains — and they are the ones that hold the vast majority of profits made in this multibillion dollar industry.

Another defining feature of such binding agreements is that they address a particular issue, such as worker safety in the case of the Accord, or freedom of association in Indonesia.

Furthermore, there must be clauses that make the agreement a binding contract that gives the possibility for legal redress. We also envisage high levels of transparency such as through periodic public reporting on compliance.

Whereas it is desirable for global union federations to be involved in the agreements, local trade unions are meant to play a central role, as signatories and in the implementation and enforcement. Therefore, the agreements should also empower the local trade unions and increase their political space.



Publications

Results: 157 Items

  • September 7, 2022

    Deadly Incidents show need for Pakistan Accord expansion

    A new report by Clean Clothes Campaign reveals H&M, C&A, Bestseller, and Zara's attempts to delay the expansion of the International Accord for Health and Safety in the Textile and Garment Industry.

  • July 21, 2022

    The road to an Employment Injury Insurance Scheme in Bangladesh

    The EII pilot programme, launched in June 2022, comes off the back of almost a decade of work and considerable pressure from Bangladeshi trade unions and civil society organisations supported by the Clean Clothes Campaign. To highlight the long history of the EII pilot scheme and the disasters that acted as catalysts for brands and employers, the Clean Clothes Campaign has pulled together a timeline of the process. This timeline tracks the history of the scheme, the bridging solutions that came in between and shows the heavy campaigning that occurred to ensure the pilot was successfully implemented.

  • July 13, 2022

    A LIVING WAGE IS A HUMAN RIGHT - A proposal for Italy, for the fashion industry and beyond

    In this report we specifically address the issue of wages as the first, but not the only, urgent issue we need to act on in order to tackle the problem of in-work poverty and inequality in Italy, starting from the fashion supply chains. The concept of wage we are referring to is the floor living wage adopted by the Clean Clothes Campaign, which can be defined as the value of the net basic wage able to guarantee the worker and his/her family the satisfaction of basic needs and decent living conditions. The net basic pay is calculated without overtime bonuses, before incentives and allowances, and after taxes, taking into account only monetary disbursements.

  • June 30, 2022

    Workers' lives at risk: how brands profit from unsafe factory work in Pakistan.

    2022 marks 10 years since the horrific Ali Enterprises fire that killed over 250 garment workers in Pakistan yet rights for workers in the garment and textile industry have hardly progressed. There is still no safety agreement that holds employers and international brands accountable for implementing basic safety protocols and procedures, leaving workers in almost the same conditions that led to this catastrophic fire – the deadliest ever in the global garment industry. Our new report highlights the deficiencies in some of the most basic provisions for factory safety in garment production in Pakistan, and shows the imminent need for International Accord expansion to protect workers.

  • June 16, 2022

    Turkey's garment industry profile

    1,5 million workers in Turkey make garments for many global fashion brands, including: Adidas, Banana Republic, Benetton, Boohoo, C&A, Esprit, GAP, G-star, Hugo Boss, H&M, Inditex – Zara, Levi’s, Marks & Spencer, Next, Nike, Puma, Primark, Urban Outfitters, and VF. The top five export destinations for clothing made in Turkey are Germany, Spain, UK, Netherlands and France. Despite the big-name brands these workers produce for, new research shows that garment workers earn poverty pay which leaves them struggling to survive, highlighting the inadequacy of the legal minimum wage.

  • May 10, 2022

    More than 220 civil society and trade union organisations call on EU to end corporate abuse

    On 23 February 2022, the European Commission released its proposal for a directive on Corporate Sustainability Due Diligence. This directive could represent a landmark step forward in minimising the negative impacts of businesses on workers, communities and the environment worldwide. In response, over 220 NGOs and trade unions from around the world welcome the proposal as an essential and long-awaited step toward corporate accountability, responsible business conduct and access to justice. However, the proposal contains significant flaws that risk preventing the directive from achieving the positive impact that people, planet, and climate urgently need. The undersigned human rights, labour and environmental organisations and networks call on the European Parliament and EU Member States to strengthen the text in line with what EU citizens, workers and communities affected by corporate abuses worldwide have vocally and publicly demanded. The joint statement outlines our collective views on how to improve the proposal to guarantee that the law will effectively prevent corporate harm to human rights, the environment and climate; as well as provide victims of corporate abuse with access to effective remedies.

  • April 21, 2022

    Cheap Tricks: How Levi's and IKEA are freeriding on their competitors' progress on workplace safety in Bangladesh

    Nine years since the Rana Plaza collapse, not all brands have heeded its wake up call and joined the safety mechanism that was created in its wake. Brands which are vocal about their sustainability credentials like IKEA and Levi's have refused to sign the International Accord, yet they source from factories that are made safe under the programme, thanks to the efforts of their competitors. This report by Clean Clothes Campaign and with research by Future in Our Hands (Norway) from April 2022 explores several examples of freeriding in the brands' supply chains.

  • April 1, 2022

    Open letter on gender inequality and discrimination in global value chains.

    82 civil society organizations ask the EU to address the persistent gender inequalities that prevent many women and girls affected by the activities of European business from leading a safe and prosperous life, the CSDDD must ensure that European companies are compelled to change their own practices and business models, cover the costs of compliance to prevent harms and face the judicial and administrative consequences of failing to do so.

1 - 8 of 157 Results