Date of publication: December 3, 2007
Source: Clean Clothes Campaign
» Read the original article [1]
Background to News Release
In late 2005, the Clean Clothes Campaign, the India Committee of the Netherlands, and several Indian trade unions reported on severe human rights and worker rights violations at the Indian factory, Fibres and Fabrics International (FFI) and its subsidiary company Jeans Knit Pvt Ltd (JKPL). Based on worker interviews, the report 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. Following suit by FFI for “defamation,” an Indian court issued a gag order on the local trade unions on July 28, 2006, denying them the right to disclose information on the working conditions of FFI and JKPL workers. On Saturday, December 1, 2007, an Indian magistrate Court issued international arrest warrants for seven Dutch human rights activists accused of “cybernetic crimes,” “racist and xenophobe acts,” and “criminal defamation.” Indian government authorities also claim that public criticism of labor conditions violates free trade rules. The activists could be arrested and sentenced to two years’ imprisonment if caught on Indian soil.
This heinous attack on free speech is an attack on all of us who fight for worker rights anywhere in the world. Standing up for the rights of these activists and the FFI workers to speak out about poor working conditions is protecting our own rights as global citizens and workers. SweatFree Communities will soon be calling for action in solidarity with the activists in the Netherlands and India by putting pressure on Indian authorities and the brand G-star, the only remaining brand producing at FFI. If you can help, please contact us [2].
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NGOs, Unions outraged at attempt to imprison human rights defenders
Amsterdam, December 3 2007 – An Indian magistrate Court ruled on Saturday that international warrants will be issued for the arrest of Dutch human rights activists, report the Clean Clothes Campaign (CCC) and the India Committee of the Netherlands, two of the organizations whose staff are being charged in connection with their efforts to raise awareness of rights violations at an Indian factory supplying Dutch jeans company G-Star. On the 4th of December, the court will send the case to the Indian Ministry of Home Affairs, asking it to execute the arrest warrants and request extradition of the 8 Dutch nationals.
“Our ‘crime’ is to have published workers testimonies on our websites, information which is publicly accessible in India, and to have shared this information with brands and the media,” said Ineke Zeldenrust from CCC. “If the Indian Ministry of Home Affairs decides to extradite us to personally stand trial, it will have serious consequences for all human rights and corporate accountability organisations”. Criminalizing free speech obviously sets a negative precedent that has an impact on all levels of society, but the international trade and business community should specifically take notice of this case as it makes the credible implementation of corporate social responsibility policies in India impossible.
Indian jeans producer Fibres and Fabrics International (FFI) and its subsidiary Jeans Knits Pvt. Ltd have been pursuing legal action against Indian and international civil society groups, including the Clean Clothes Campaign (CCC) and the India Committee of the Netherlands (ICN), in an attempt to restrict fundamental rights of freedom of speech and freedom of association. Local organisations are under a gag order, preventing them from supporting the workers for almost one and a half years now. Their case won’t be heard in court until April, 2008. FFI’s owner has also filed suit against internet service provider Antenna, whose director is among the 8 Dutch nationals faced with an arrest warrant, and CCC’s adsl provider Xs4all. Clearly, FFI is interested only in silencing its critics, and is trying to scare civil society as well as internet companies with slapsuits. CCC, ICN and Antenna will appeal the decision in the High Court tomorrow.
At the heart of the issue is CCC and ICN’s publication of information on workers’ reports of rights violations at FFI. The case obtained a high-level political profile when India’s Minister of Commerce and Industry, Kamal Nath, brought it up with the Dutch government during the Dutch royal visit to India on October 28th. Nath claimed that public criticism of labour conditions is akin to putting up ‘technical barriers to trade’. See: http://www.cleanclothes.org/urgent/ffi.htm [4]
“Today’s ruling flies in the face of India’s obligations to uphold freedom of speech,” said Gerard Oonk, of the India Committee of the Netherlands. “We call upon the Indian Ministry of Home Affairs to stop this case from going any further, and upon the Dutch government and the European Union to protect human rights activists, and to take this matter up directly with India at the highest political level”.
After nearly two years of trying to reach an agreement in the case, the only remaining client of FFI is Dutch company G-star. The company has been asked to make future orders conditional on a mediated dialogue between FFI and local labour groups, and the withdrawal of all court cases. While publicly claiming to agree with FFI’s critics, G-star refuses to take action, stating that it is in the best interest of the workers to continue business as usual.
“We believe G-star is violating the international standard on freedom of association, as well as its own code of conduct, and should make sure workers have decent jobs” says Arno Dahlmans from the Dutch trade union federation FNV, who represented the European and International Textile and Garment Workers Federations in a recent attempt to reach a solution.
“At this point in time G-star should walk the talk, and make it clear to FFI that they will place their future orders with a supplier in Bangalore who is willing to respect freedom of association".