Weekly Update 1 May 2024
Business & Human Rights Resource Centre
We advance human rights in business. We track over 10,000 companies, and help the vulnerable eradicate abuse.
LEAD STORY
The Korea Bizwire, Edaily, Korea Herald; ITUC; Gutzy Asia; Amnesty International; Workers in Palestine?
Unions in South Korea held nationwide protests to mark Labour Day 2024 amid government proposals to pay migrant workers less than minimum wage. The weekend before Labour Day, 1 May, hundreds of migrant workers rallied for greater freedom to change workplaces and called for an end to widespread wage theft and poor living conditions which are reportedly a hallmark of migrants' lives in South Korea. The protest comes days after a government-commissioned survey of 379 migrant workers found wage theft was widespread while most workers who filed labour complaints failed to receive remedy from government agencies. As part of broader actions to mark May Day, the International Trade Union Confederation (ITUC) has called?on trade unions to?challenge 'alarming' decline of democracy, due to an increase in attacks on trade union rights globally.
The Palestinian General Federation of Trade Unions - Gaza, has called on the international trade union movement to take collective action in solidarity with Palestine to disrupt business as usual. Meanwhile,?in Indonesia?workers nationwide marked May Day with rallies against low wages and job insecurity, demanding fair treatment and the revocation of the controversial Job Creation Law. More than 200,000 workers joined protests across several major cities. In Türkiye, Amnesty International has called for authorities to urgently lift a ban on a planned May Day solidarity demonstration in Istanbul’s Taksim Square.
FROM US
Fuelling injustice: Tracking allegations of abuse in transition mineral mining in Eastern Europe & Central Asia BHRRC, The Moscow Times Eastern Europe and Central Asia (EECA) is a new hotspot for transition mineral extraction and supply – primarily due to abundant reserves of these minerals now critical to a fast transition to clean energy. Our new report explores the human rights and environmental abuses linked to transition minerals in the EECA region. It records over 400 allegations of abuse linked to 20 transition minerals across 16 countries between 2019 and 2023: Albania, Armenia, Azerbaijan, Bosnia & Herzegovina, Bulgaria, Georgia, Kazakhstan, Kosovo, Kyrgyzstan, North Macedonia, Montenegro, Russia, Serbia, Tajikistan, Ukraine and Uzbekistan.The research points to the urgent need for significant changes in the EECA mining sector if countries are to achieve a fast and fair energy transition.? Commentary: Climate science and fossil fuel accountability in court cases Lucia Saborio Perez, Leigh Day? Leigh Day’s Lucia Saborio Perez explores how climate science can be used in court to hold fossil fuel companies accountable. In part 1 she examines climate science and causation, outlining the role of attribution science. In part 2 climate science and emissions reductions is covered, with?targets and measures under?assessment.?
BHR IN CONFLICT-AFFECTED AREAS
RUSSIA/UKRAINE
Financial Times?
The amount of taxes allegedly paid by Western banks to the Kremlin in 2023 represents?a fourfold increase on pre-war levels. The 7 top European banks by assets in Russia -?Commerzbank,?Deutsche Bank,?Intesa Sanpaolo,?ING,?OTP,?Raiffeisen Bank International?and?UniCredit?-?reported a combined profit of more than EUR3b (approx. USD3.2b) in 2023. The taxes paid by European banks are equivalent to about 0.4% of all Russia’s expected non-energy budget revenues for 2024. Representatives of Commerzbank,?Deutsche Bank?and OTP said the banks had significantly reduced their presence in Russia. Intesa Sanpaolo is reportedly the closest to exiting but has yet to sell its Russian business. UniCredit declined to comment.
Reuters?
Russia's government commission on foreign asset sales has approved a deal allowing?Hugo Boss to sell its Russian business to wholesale partner Stockmann. The sale, which is still subject to approval by a national European authority, is expected to close in the third quarter of this year. Hugo Boss previously came under pressure from CSOs for continuing to supply goods to Russia after its full-scale invasion of Ukraine in 2022. Hugo Boss said it was ‘fulfilling the contractual obligations to our partners’ and ‘has been complying with existing EU sanctions at all times’.
INTERNATIONAL
International Labour Organization??
The report from the International Labour Organization also found thousands of workers die from pesticide poisoning, workplace air pollution, UV radiation, and parasitic and vector borne diseases each year. Some groups of workers, including migrant workers, and those working in the informal - untaxed and unmonitored - economy, were found to be particularly vulnerable to climate hazards.?
See also; agricultural labour supplier Agri McNeill Labor Management?faces fines of USD27,655? for health and safety violations following the death of a Mexican worker due to heatstroke.?
See also; the American Federation of Labor and Congress of Industrial Organizations released a report advocating for calling for a new approach to climate-induced migration that protects migrant worker rights and the rights of migrants' families.?
BBC?
UK-owned Brazil Iron is accused of damaging the environment, health, crops and water supplies of local communities near its Brazilian mine in Bahia. Residents allege explosions from the mine cracked their houses, and dust pollution has affected their health. 103 claimants seek compensation, with claims spanning from 2011-2022. Some who protested against the mine's activities or joined the lawsuit allege they were intimidated by mine employees in an attempt to dissuade them from taking action. Brazil Iron denied the allegations and said it plans to request the case be heard in Brazil.?
Reuters?
The proposal offers a total payment of BRL127b (approx. USD25b) -?including BRL37b (approx. USD7.2m) already disbursed to more than?430,000 individuals affected by the 2015 tailings dam collapse which killed 19 people and displaced hundreds. Of the remaining amount the companies, with their joint venture?Samarco,?proposed to disburse BRL72b (approx. USD14m) to the federal and local governments. A further?BRL18b (approx. USD3.5m) would be used to settle future obligations. Prosecutors allegedly plan to push the firms to raise their offer to BRL137b (USD26.5m). Negotiations continue to finalise the agreement, with Vale previously anticipating a resolution by mid-2024.
AFRICA
AFP, Le Monde?
Lawyers representing the DRC issued a cease and desist notice to Apple, accusing the tech giant of purchasing minerals smuggled from the DRC into Rwanda. The DRC's mineral-rich Great Lakes region has suffered violence since the 1990s, with tensions escalating in 2021. ‘Apple has sold technology made with minerals sourced from a region whose population is being devastated by grave human rights violations,’ the DRC's lawyers wrote. Apple denied the allegations, claiming due diligence efforts found no evidence of direct or indirect financing of adjacent countries or armed groups.?
Nairametrics?
The Nigeria Upstream Petroleum Regulatory Commission (NUPRC) has introduced a divestment framework to oversee Shell's sale of its onshore operations, including guidelines on an environmental remediation fund and labour issues. The framework comprises 7 key pillars, covering technical, financial, legal?and environmental considerations. Shell's sale to Renaissance Energy has faced criticism from local communities and civil society over unresolved oil spill liabilities.
AMERICAS
Mongabay?
The spill occurred near a protected rainforest area last month, impacting local Indigenous communities, who depend on the river for their livelihoods, including for food and income. The affected communities are awaiting compensation for their losses yet face delays as environmental assessments are conducted. Communities claim the food and water provided as aid by companies was not enough to sustain them. A representative for Trans Fluvial Rey (Grupo Henry) said it was ‘taking responsibility for the incident’, including providing compensation to affected communities. PetroTal told journalists it ‘delivered, in solidarity, more than 46 tons of food and more than 50,000 litres [13,200 gallons] of water.’?
Reuters?
Google will roll back its 2019 policy requiring US suppliers and staffing firms to pay their employees at least USD15 an hour and provide health insurance and other benefits. The announcement came?after the US National Labor Relations Board in January ruled,?based on the 2019 policy,?that Google was a ‘joint employer’ of workers provided by staffing firm Cognizant Technology Solutions?and must bargain with their union. Google is appealing the decision.? A Google spokesperson said the company will continue to enforce a supplier code of conduct that requires vendors and staffing firms to provide safe working conditions.?
Department of Labor; AFL-CIO?
The rule is intended to promote employer accountability, enhance safety measures and safeguard worker compensation. It includes protections for worker self-advocacy by extending anti-retaliation measures and upholding workers’ right to unionise. It aims to increase transparency in recruitment by requiring employers to provide a copy of its agreements with recruitment agencies. The rule aims to prevent labour exploitation by prohibiting documentation confiscation by employers.?
领英推荐
ASIA & PACIFIC
IndustriALL?
The workers, members of the Pakistan Federation of Chemical, Energy, Mine, and General Workers Union (PCEM), seek redress for Pharmatec’s alleged unfair labour practices, including the denial of benefits, and unequal treatment between daily wage workers and permanent workers. The National Industrial Relation Commission granted a stay on terminations pending the case's resolution, however the company proceeded to dismiss the employees the day after a court ruled the case should be transferred to?a labour court.?
Philippine Daily Inquirer?
Participants of the Provincial Stakeholders’ Congress on Mining and the Environment in the nickel-rich province of Palawan have urged for a moratorium on new mining permits in the province amid ongoing amendments to the Philippine Mining Act of 1995. The proposed moratorium would affect new and pending applicants but not existing mining operators. Discussions also centred on sustainable mining practices, increasing penalties for violations, and enhancing Indigenous communities' royalty shares. While the declaration is not binding, it will guide policymakers in addressing mining applications.?
See also; our Transition Minerals Tracker monitors the human rights policies and practices of companies mining key commodities vital to the clean energy transition.?
MBC,?Hankyoreh
Leaders from S. Korea’s Metal Workers' Union were arrested during a protest advocating for the retention of Korea Optical High Tech?workers. They face charges related to breaking into the factory and holding an unauthorised protest. Korea Optical High Tech announced plans to liquidate in 2022, employees who refused the company's request to retire are seeking transfers to other local plants owned by the company. 17 people were detained by police at the protest site. In a press conference the Metal Workers' Union criticised the police for their alleged violent suppression of the protest. ?
See also; in their latest?annual report, Amnesty International identified freedom of expression, workers’ rights, and the right to a healthy environment as factors of major concern in S. Korea. Labour activists in the country are reportedly facing harassment as a result of the government's anti-union stance and crackdown on protests.?
EUROPE & CENTRAL ASIA
Marketscreener
Bayer is accused of promoting a GMO seed and glyphosate pesticide combination that?contributes?to food insecurity, water scarcity, extreme deforestation, health risks and land conflicts at the expense of Indigenous peoples and small farmers. The complaint relates to cases in Brazil, Argentina, Paraguay and Bolivia. The Organisation for Economic Co-operation and Development (OECD) has 3 months to review the complaint. In response to the allegations, a Bayer spokesperson said its products are thoroughly tested?to ensure neither people nor the environment are exposed to an unacceptable risk.?
See also; over 130 organisations signed a letter calling for a greater civil society role in OECD policymaking and meaningful implementation of the OECD Guidelines in law.?
Office of the High Commissioner for Human Rights?
‘Even if the UK-Rwanda agreement and the ‘Safety of Rwanda’ Bill are approved, airlines and aviation regulators could be complicit in violating internationally protected human rights and court orders by facilitating removals to Rwanda’ the UN experts said. They added?removing asylum-seekers to Rwanda or any other country where they would be at risk of refoulement would violate the right to be free from torture or other cruel, inhuman or degrading treatment.?
MIDDLE EAST & NORTH AFRICA
CamboJA?
Cambodia’s Ministry of Labor and Vocational Training, in cooperation with the Cambodian embassy in Egypt, rescued the workers following an appeal for help circulated on social media, in which one worker claimed they were being overworked, not being paid and were threatened by their employer. The workers were employed by Fatina Manpower, a private recruitment agency specialised in helping Cambodian workers gain employment overseas. We invited Fatina Manpower to respond to the allegations; it confirmed?some workers faced ‘negative action from customers such as not enough food to eat, not enough time to rest and work up to 16 hours per day.’? ?
Philippine Daily Inquirer?
Following a missile attack by Houthi rebels in March that killed 3 crew members and injured others, Filipino seafarers now have the right to decline sailing through high-risk area regions like the Gulf of Aden. Licensed manning agencies are?required to submit a written guarantee passenger or cruise vessels with Filipino crew members will not traverse the Red Sea and Gulf of Aden, which have been designated?‘war-like zones’.
Company Responses?
Company Non-Responses
ANNOUNCEMENTS
Amnesty International
CamboJA?
OTHER BHRRC NEWSLETTERS
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