Introduction to the Clean Clothes Campaign
IV. Independent Monitoring, Accreditation and Certification
THE FAIR TRADE CHARTER FOR GARMENTS
The Clean Clothes Campaign was launched in Holland in October 1990 and aims to focus attention on the dirty labour conditions and -circumstances in the worldwide garment industry, and to press for changes.
The Clean Clothes Campaign is coordinated through the Clean Clothes Foundation, whose members are the Alternative Consumer Union, Phillipine Group Netherlands, Bangladesh People Solidarity Center, The Center for Research on Multinational Corporations (SOMO), India Working Group of the Netherlands and the Federation of Worldshops in the Netherlands. Most of the work is done by volunteers through the member organizations.We have a small facilitating secretariat.
Clean Clothes Campaign
PO BOX 11584
1001 GN Amsterdam
the Netherlands
phone 31-20-4281824
fax 31-20-4209925
e-mail ccc@xs4all.nl
We launched our campaign in october '90 with a picket including drumband and balloons in front of a huge C&A branch. The Campaign newspaper was distributed amongst a lot of possibly interested organizations and individuals. In december pickets where held at the same time in 13 different cities in the Netherlands and one in Belgium. The same happened in eleven cities in march, and another central action took place in may. We got quite a lot of publicity and published three issues of our newsletter. On march the 8th 1991 women groups in 7 different cities took the garment industry as their main point of the day. In 1992 the most of the street actions stopped because of a lack of direct results. After this period we decided to focus on all big retailers and started working on a Charter of Fair Trade. Though we succeeded in showing the public the way the garment industry is organized by using C&A as an example, the public seemed to think that C&A was the only 'wrong' garment-retailer in Holland.
One of the reasons for setting up the Clean Clothes Campaign was a labor conflict on the Philippines. In 1989 the british multinational William Baird closed their garment-plant International Garment Manufacturing Corporation (IGMC) in the Free Trade Zone 'Bataan'. A thousand women were put out of work. The women started a 24-our a day picketline which lasted over a year. The conflict got known in Europe because of the call for a boycott of William Baird. This let to actions against C&A in Britain and Holland. Through the KMK Workers Movement we knew C&A bought coats made at IGMC from William Baird.
After a year, in october 1990, the IGMC-workers came to an agreement with William Baird so they would get a bit of their outstanding salary and severance pay. Although the international support helped to make the actions a success, the support depended to much on personal contacts, says Elisa Terectecan. She was one of the organizers of the IGMC-union and now works on organizing workers in the Mactan Free Trade Zone on behalf of the labor-movement KMK. "It's important to get in the future more direct contacts with trade unions and other organizations. To investigate on textile- and gar- mentindustry, to exchange information and to inform people. And to be able to call for a boycott."
October 1997
The Clean Clothes Campaign is dedicated to advancing the interests of workers in the apparel and sportswear industry and the concerns of consumers who purchase products made and sold by this industry. The Campaign seeks an end to the oppression, exploitation and abuse of workers in this industry, most of who are women. The Campaign also seeks to provide consumers with accurate information concerning the working conditions under which the apparel and sports wear they purchase are made. The Clean Clothes Campaign seeks to achieve its aims through a variety of means including a code of labour practice that would be adopted and implemented by companies, industry associations and employer organisations. The code, which is a concise statement of minimum standards with respect to labour practices, is meant to be accompanied by a commitment by the companies adopting it to take positive actions in applying it. Companies are expected to insist on compliance with the code by any of their contractors, suppliers and licensees organising production that would fall under the scope of the code. Companies adopting the code will be expected to engage an independent institution established for the purpose of monitoring compliance with the code, in assisting companies in implementing the code and in providing consumers with information concerning the labour practices in the industry.
This code of labour practice sets forth minimum standards for wages, working time and working conditions and provides for observance of all of the core standards of the International Labour Organisation including Conventions 29, 87, 98, 100, 105, 111 and 138. These are minimum standards that are meant to apply throughout the industry and in all countries. The code is not a trade protectionist measure. It is not meant to be used as a means to close the markets of some countries at the expense of workers in other countries.
The code is not meant to be a substitute for international intergovernmental co-operation nor for international legislation. Although the code does seek to afford workers protection from oppression, abuse and exploitation where national laws are inadequate or are not enforced, it does not seek to become a substitute for national laws or the national labour inspectorate. The code is not a substitute for secure and independent trade unions nor should it be used as a substitute for collective bargaining.
The code is intended for retailers as well as manufacturers and all companies positioned in between those in the apparel and sportswear supply chain. It can also be used by industry associations or employer organisations.
The code applies to all of the company's apparel and sportswear products (including sportshoes). The code specifically applies to the following general industrial classification of economic activities within the European Community (NACE) classification codes:
Through the code retailers and manufacturers declare their responsibility for the working conditions under which the apparel, sportswear and shoes they sell are produced. This responsibility extends to all workers producing products for the company, regardless of their status or relationship to the company and whether or not they are employees of the company. The code would therefore apply to home-based workers and to workers who are engaged either informally or on a contracted basis.
The code applies to all of the companies' contractors, subcontractors, suppliers and licensees world-wide. The terms 'contractor', 'subcontractor', 'supplier' mean any natural or legal person who contracts with the company and is engaged in a manufacturing process, including CMT (cut-make-and-trim), assembly and packaging, which result in a finished product for the consumer. A licensee means any natural or legal person who contracts with a company to produce or distribute finished products using the name or brand image of that company.
Observance of the code must be an enforceable and enforced part of any agreement between the company and its contractors, subcontractors, suppliers and licensees.
The code provides a concise statement of minimum labour standards together with a pledge by the company to observe these standards and to require its contractors, subcontractors, suppliers and licensees to observe these standards. The code is concise in order to display it in workplaces and in order to avoid any confusion between basic principles and the application of principles. An independent institution, established to provide independent monitoring of compliance with the code and to assist companies in implementing the code, will provide an auditable check-list of practices and conditions that are consistent with the standards set forth in the code. This independent organisation will also provide a means by which questions over the meaning of the code can be resolved.
The preamble establishes three principles: First, the company accepts responsibility for its workers, including workers involved in contracting and subcontracting agreements. Second, the company pledges to observe the core ILO labour standards and to ensure that workers are provided with fair wages and decent working conditions. Third, the company pledges to make observance of the code a condition of any agreements that it makes with contractors and suppliers and to require them to extend this obligation to their subcontractors.
The body of the code is based on the same core ILO conventions including prohibitions against child labour, forced or bonded labour, discrimination, freedom of association and the right to collective bargaining. This is followed by the basic labour conditions - wages, hours and working conditions (including health and safety) and their formulation in the code, also derived from ILO standards.
This section also addresses the issue of regular employment relationships. Increasingly employers avoid the obligations of the employment relationship by treating workers as "independent contractors" when in fact their situation is the same as that of regular employees. The ILO is in the process of developing an international standard on this subject.
The closing section sets out the most important obligations contractors, subcontractors, suppliers and licensees must undertake in implementing the code and pledges the company to enforce its code using a range of sanctions up to and including termination of any agreements. The closing section pledges all employers concerned to refrain from disciplinary action, dismissal or otherwise discriminating against any worker for providing information concerning observance of the code.
This part also states that the code establishes only minimum standards that must not be used as a ceiling or to discourage collective bargaining. The text of the code, when meant to be posted where workers can see it, shall also include a means by which workers can report failure to comply with the code in a confidential manner.
Employment is freely chosen.
There shall be no use of forced, including bonded or prison, labour (ILO Conventions 29
and 105). Nor shall workers be required to lodge "deposits" or their identity
papers with their employer.
There is no discrimination in employment.
Equality of opportunity and treatment regardless of race, colour, sex, religion, political
opinion, nationality, social origin or other distinguishing characteristic shall be
provided (ILO conventions 100 and 111).
Child labour is not used.
There shall be no use of child labour. Only workers above the age of 15 years or above the
compulsory school-leaving age shall be engaged (ILO Convention 138). Adequate transitional
economic assistance and appropriate educational opportunities shall be provided to any
replaced child workers.
Freedom of association and the right to collective bargaining are respected.
The right of all workers to form and join trade unions and to bargain collectively shall
be recognised (ILO Conventions 87 and 98). Workers' representatives shall not be the
subject of discrimination and shall have access to all workplaces necessary to enable them
to carry out their representation functions (ILO Convention 135 and Recommendation 143).
Employers shall adopt a positive approach towards the activities of trade unions and an
open attitude towards their organisational activities.
Living wages are paid.
Wages and benefits paid for a standard working week shall meet at least legal or industry
minimum standards and always be sufficient to meet basic needs of workers and their
families and to provide some discretionary income. Deductions from wages for disciplinary
measures shall not be permitted nor shall any deductions from wages not provided for by
national law be permitted without the expressed permission of the worker concerned. All
workers shall be provided with written and understandable information about the conditions
in respect of wages before they enter employment and of the particulars of their wages for
the pay period concerned each time that they are paid.
Hours of work are not excessive.
Hours of work shall comply with applicable laws and industry standards. In any event,
workers shall not on a regular basis be required to work in excess of 48 hours per week
and shall be provided with at least one day off for every 7 day period. Overtime shall be
voluntary, shall not exceed 12 hours per week, shall not be demanded on a regular basis
and shall always be compensated at a premium rate.
Working conditions are decent.
A safe and hygienic working environment shall be provided, and best occupational health
and safety practice shall be promoted, bearing in mind the prevailing knowledge of the
industry and of any specific hazards. Physical abuse, threats of physical abuse, unusual
punishments or discipline, sexual and other harassment, and intimidation by the employer
is strictly prohibited.
The employment relationship is established.
Obligations to employees under labour or social security laws and regulations arising from
the regular employment relationship shall not be avoided through the use of labour-only
contracting arrangements, or through apprenticeship schemes where there is no real intent
to impart skills or provide regular employment. Younger workers shall be given the
opportunity to participate in education and training programmes.
Contractors, subcontractors, principal suppliers and licensees shall undertake to support and co-operate in the implementation and monitoring of this code by:
Contractors, subcontractors, principal suppliers and licensees found to be in breach of one or more terms of this Code of Labour Practices may lose the right to produce or organise production of goods for (name of company).
Questions as to the interpretation of the meaning of the provisions of this code shall be resolved according to the procedure set forth by an independent institution established for this purpose.
The provisions of this code constitute only minimum standards and conditions for the purpose of preventing exploitation. (name of company) does not intend, will not use, and will not allow any contractor, subcontractor, principal supplier or licensee to use these minimum standards and conditions as maximum standards or as the only conditions permitted by (name of company) or to serve as the basis for any claim as to what standards or conditions of employment should be provided.
Implementation refers to the whole range of activities that could be taken by a company to give effect to the Code of Labour Practices. In the past some companies have adopted codes as a public relations response to reports of exploitation but have failed to implement them. Companies adopting the Code of Labour Practices for the apparel and sportswear industry will be expected to agree to certain minimum conditions with respect to implementing the code. One of the most important ways in which a code can be implemented is for it to become an enforceable and enforced part of agreements with contractors, subcontractors suppliers and licensees.
Implementation and monitoring are often confused. Monitoring, which means to watch or check that the terms of the code are being respected is one aspect of implementing a code. It is expected that companies adopting the code will in their relationship with their contractors, sub-contractors, suppliers and licensees monitor their compliance with the code.
Companies adopting the code are also expected to co-operate and support a system of independent monitoring of compliance with the code. This section concerns the general obligations of the company to implement the code. The obligations of the company with respect to independent monitoring are considered in Part IV.
Obligations of the company to implement the code:
Obligations of the company to enforce the code
Observance of the code by contractors, sub-contractors and suppliers must be an enforceable and enforced condition of agreement with the company.
In order to achieve this:
When a sufficient number of companies, industry associations or employers' organisations have adopted the code of labour practice for the apparel and sportswear industry, then they, in conjunction with appropriate trade union organisations and NGOs, shall establish jointly an independent institution, referred to in this document as "the Foundation".
The purpose of the Foundation shall be to:
To these ends the Foundation shall:
The Foundation shall be governed by a board consisting of equal representatives of appropriate trade union organisations and NGOs on one hand and of appropriate representatives of retailers and manufactures on the other hand. The Foundation shall be financed by contributions from participating organisations and by payments for services from contracting companies.
The principal means by which the Foundation shall conduct its work will be based on contracts with specific companies to independently monitor and certify their compliance with the code and by contracts with individuals and organisations to conduct monitoring.
It is understood that the standards for independent monitoring established by the Foundation shall be based on the best practice of the two existing professions that monitor labour practices - the labour inspectorate and the contract-enforcement practices of trade unions. It is also understood that these standards shall include ethical practices for monitors, including respect for any confidential commercial information. It is also understood that any individuals engaged to conduct monitoring shall receive training for this purpose.
Companies adopting the code of labour practice for the apparel and sportswear industry shall enter into an agreement with the Foundation. This agreement shall provide for the following:
With respect to (b) the company assumes the following obligations:
The Foundation may seek other sources of information concerning compliance with the code including consulting appropriate trade union organisations, human rights organisations, religious and other similar institutions in order to obtain additional information on a certain company or in order to investigate a certain complaint.
If violations of the code are found, the company must agree to accept the recommendation of the Foundation. This recommendation shall in the first instance be aimed at improving the existing situation. Where such improvement is not possible or satisfactory, then the Foundation can oblige companies to re-negotiate, terminate or refuse to renew their contracts with certain contractors, subcontractors and/or suppliers.
Where companies fail to observe their agreement with the Foundation it is understood that the Foundation may release any relevant information to the public and may terminate the contract between the company and the Foundation.
The independent monitoring process shall form the basis for any public claims by the Foundation or by participating companies as to the operation of the code or concerning the actual labour practices covered by the code.
THE FAIR TRADE CHARTER FOR GARMENTS
The Fair Trade Charter for Garments is a code of conduct for all retailers selling clothes in the Netherlands. The Charter forms a part of the Clean Clothes Campaign.
The objective of the Charter is to improve working circumstances and -conditions in the garment industry. Garment production is understood to be all activities that take place after the production (dyeing included) of the cloth. The central idea is that the retailers, as subcontractors and buyers, are responsible and, through their policy, capable of realizing better working circumstances and -conditions.
Stated in the Charter are seven conditions production has to comply with. These are based on the conventions of the ILO (International Labour Office). They concern the most elementary labour rights: the right to organize and to collective bargaining, the right to a living wage and to safe and healthy working circumstances as well as the conventions relating to maximum hours of work, minimum age and non-discrimination.
Retailers, upon signing, get the right to a window-trademark - they can advertise themselves as sellers of clean clothes. They also put themselves open to control by an independent monitoring institution. This is to be set up by a coalition of representatives of consumers- , workers- and branch- organizations. The institution will investigate complaints and check on the information supplied by the retailer. The retailer can be addressed, and eventually lose the trade-mark, if the clothes they sell is produced in violation of the code.
(We are working on a official translation of the text of the charter and the ideas behind it. So please contact us if you want to use it in any way)
1.Takes full responsibility for the way in which the garments they sell are produced.
All garments are produced in compliance with the conditions for production stated. It is
stressed that this responsibility is extends to the entire chain of subcontracting. When
in the following the term 'workers' is used this encompasses all female and male persons
working in garment production, including home-based workers; temporary-, part-time and
seasonal workers, illegal and sweatshop workers and migrant workers without residency.
2. Puts itself open to control by an independent controlling/monitoring institution to be
set up for this purpose and cooperates wholeheartedly by giving any information asked for
at any time. (Both with respect to general company policy and financial performance as
with respect to production, subcontracting and buying). Retailers are also obliged to
support the controlling institution financially by donating a certain percentage of their
annual turnover.
1. Workers have the right to freely organize an to establish and join independent trade
unions and other organizations of their own choosing, without previous authorization. ILO
Convention no. 87: Freedom of Association and Protection of the Right to Organize
Convention. Number of ratifications (per 1/1/91): 98
2. Workers have the right to have representative organizations of their own choosing
recognized for the purpose of collective bargaining. The collective bargaining takes place
without any acts of interference by the employers. Convention no. 98: Right to Organize
and Collective Bargaining Convention. Number of ratifications: 114
3. The workers make a living wage, at least sufficient for the basic needs (food, clothing
and shelter) of themselves and their direct family dependants. The amount equals at least
the minimum wage of the respective country. Referring to convention no. 26, Convention
concerning the Creation of Minimum Wage Fixing Machinery. The ways in which a minimum wage
can be fixed or changed are elaborated. Number of ratifications: 98. Concerning the
wage-level article 2 and 3 of convention 131, concerning Minimum Wage Fixing with Special
Reference to Developing Countries, is referred to (number of ratifications: 34) as well as
the UN calculations concerning the cost of living
4. The number of hours worked per week and the arrangements concerning (the pay of)
overwork are for all workers in compliance with the ILO standards. Convention no. 1.
Convention Limiting the Hours of Work in Industrial Undertakings to Eight in the Day and
Forty-eight in the week. Number of ratifications: 49. If national law states a maximum
lower than this employers have to act according to the law.
5. The standards for safety and health as set by the ILO should be observed. Convention
no. 155, concerning Occupational Safety and health and the Working Environment,
(specifically part I: Action at the level of the Undertaking). Number of ratifications: 12
6. Employers respect the minimum age requirements of the ILO. Convention no. 138,
concerning Minimum Age for Admission to Employment. Number of ratifications: 40.
7. Employers pursue policies designed to promote equality of opportunity and treatment in
employment. This means there will be no discrimination on race, colour, sex, religion,
political opinion, national extraction or social origin. Convention no. 111, concerning
Discrimination in Respect of Employment and Occupation. Number of ratifications: 110.
Lastly the Retailer is required to protest actively with the subcontractor/sup- plier in
case of complaints concerning the violation of any ILO convention other than the above
mentioned.