Weekly Update 12 June
Business & Human Rights Resource Centre
We are an international NGO that tracks the human rights impacts of over 10,000 companies in over 180 countries.
LEAD STORY
Cohen Milstein, EarthRights International?
This week?a South Florida jury found banana giant Chiquita Brands International liable for the wrongful deaths of 8 men murdered by the Autodefensas Unidas de Colombia (AUC), a notorious far-right paramilitary group known to target labour activists and unionists?between 1997 to 2006. Plaintiffs alleged?Chiquita paid nearly USD2m to the AUC in the late 1990s and early 2000s, while facilitating shipments of arms, ammunition and drugs, despite the company knowing it was a US-designated Foreign Terrorist Organisation involved in mass killings.The jury awarded the victims' families USD38.3m in damages. This historic ruling is unprecedented, marking the first time an American jury has held a major US?corporation responsible for involvement in egregious human rights abuses overseas, setting a powerful global precedent.
Agnieszka Fryszman, attorney for the plaintiffs?said, ‘Our clients risked their lives to come forward to hold Chiquita to account, putting their faith in the United States justice system.?I?am very grateful to the jury for the time and care they took to evaluate the evidence.’?
The civil case follows Chiquita's 2007 guilty plea to criminal charges brought by the US for supporting the AUC. The Department of Justice described Chiquita’s support to the AUC as ‘prolonged, steady, and substantial.’?
BHR IN CONFLICT-AFFECTED AREAS
ISRAEL/OCCUPIED PALESTINIAN TERRITORY
Reuters?
Former Meta engineer Ferras Hamad sued the social media giant in a California state court for discrimination, wrongful termination and other wrongdoing over his February dismissal. He accused the company of bias in its handling of content related to Israel’s war on Gaza, alleging the company fired him for trying to help fix bugs causing the suppression of Palestinian Instagram posts. Hamad accused Meta of a pattern of bias against Palestinians, saying the company deleted internal employee communications that mentioned the deaths of relatives in Gaza and conducted investigations into their use of the Palestinian flag emoji. According to the lawsuit the company launched no such investigations for employees posting Israeli or Ukrainian flag emojis in similar contexts. A?Meta spokesperson said Hamad was dismissed for violating the company's ‘data access policies’, which set limits on what employees can do with different types of data.?
RUSSIA
The Telegraph?
Amazon is accused of selling facial recognition technology to Russia via VisionLabs, a company owned by Russian telecom company MTS. Russia has been sanctioned by the UK since the 2022 invasion of Ukraine. The former employee who brought the claim alleges Amazon Web Services’ (AWS)?Rekognition technology was used by authorities in Moscow following Russia's invasion of?Ukraine. The allegations are part of an unfair dismissal case brought by the former employee, who claims he was dismissed by the company after raising the alarm in 2022. Amazon denies the employee?was unfairly dismissed or that it sold the technology to the company. The company said: ‘Based on available evidence and billing records, AWS did not sell Amazon Rekognition services to VisionLabs.’?
INTERNATIONAL
Migrant-Rights.org, Behan Box?
Ahead of expected extreme temperatures this summer, Migrant-Rights.org is urging Gulf countries to revise midday work bans for migrant labourers to protect them from heat stress. The region’s extreme heat combined with high humidity poses severe risks, particularly to the migrant workforce engaged in outdoor labour. Current measures in the Gulf States, which impose work bans during certain hours, fail to fully safeguard these workers. Meanwhile, in garment factories in India, workers are facing severe health issues including heat stress, dehydration?and infections as temperatures reach up to 43°C. Despite these risks, they face immense pressure to meet high production targets, often in poorly ventilated conditions with inadequate access to clean water and sanitation. Activists are calling on fashion brands to acknowledge climate change impacts and revise purchasing practices to ensure worker safety.?
See also; there is an alarming increase in supply chain disruptions and purchasing practices linked to the pandemic, conflict and climate breakdown. This is leading to factory closures, reduced hours, and non-payment of wages. Our Who Pays For The Crisis? Allegations Tracker records cases at factories across apparel-producing countries, where brand purchasing practices have been reported to have had a negative impact on workers.?
Friday Times?
The EU's Generalised Scheme of Preferences Plus (GSP+) gives developing countries an incentive to pursue sustainable development and good governance. In return, the EU cuts its import duties to zero on more than two-thirds of the tariff lines of their exports. During a formal interaction with journalists, the?International Labour Organization (ILO)?Country Director?stated that if Pakistan wishes to retain its GSP+ status, it must follow 27 labour, human rights, and environmental standards. A spokesperson for the ILO highlighted issues like forced, bonded and child labour as potential threats to continued preferential trade, stating ‘It has been reported that there may be as many as 3.4 million individuals in conditions of bonded labour’.?
AFRICA
The Nambian?
A spokesperson for the Mineworkers Union of Namibia said?the deaths of 2 mineworkers last month were the result of inadequate safety measures at the mines. 1 worker reportedly died at a solar plant construction site at?R?ssing’s mine?on 15 May, while a Xinfeng worker died on 28 May after allegedly coughing up black mucus. Chinese lithium company Xinfeng Investments denied responsibility for the death, stating ‘The environment in which mining operates is inevitably a challenge...we have deployed the highest technology in dust suppression, a process vetted during our application for our environmental clearance certificate, which was successfully granted.’ R?ssing Uranium mine, majority-owned by China National Uranium Corporation Limited, issued a statement confirming the mineworker’s death and stating operations at the solar plant construction site would be suspended until further notice.??
Times of Swaziland?
The International Labour Organisation (ILO) is scrutinising Eswatini for severe violations of the Freedom of Association and Protection of the Right to Organise Convention. The southern African country has been included on a list of 24 countries whose cases will be examined by the ILO’s committee on the application of standards. Among the issues raised are the persecution and murder of trade unionists and violence against strikers. Between 2021 and 2023, more than 80 people are reported to have lost their lives because of police crackdown on protests that demanded democracy and wage increases.?
AMERICAS
Mining.com?
A 2015 inspection at the Mina do Pico mine in Minas Gerais reportedly found over 300 workers faced exhausting hours and degrading conditions while transporting iron ore on Vale’s private road. Although the workers were employed by a subcontractor, Ouro Verde Loca??es e Servi?os, Vale?was found responsible by a judge after questioning the Ministry of Labour and Employment inspections. Despite judicial appeals, the mining company was included in the registry of employers who have subjected workers to slavery-like conditions. In a statement, Vale disputed its inclusion on the list, and said following the 2015 inspection the company ‘implemented all corrective measures and subsequently terminated the contract with the transport company’.?The ‘dirty list’ is used by Brazilian and foreign companies and banks in their risk management assessments.?
See also;?Brazil's government proposed a counteroffer to companies in the ongoing reparations negotiations for the 2015 Fund?o?Dam collapse requiring Vale, BHP, and their joint venture Samarco to pay BRL109b (approx. USD20.74b) as reparations for the 2015 tailings dam collapse in Mariana, Minas Gerais. This proposal surpasses the companies’ previous offer of BRL72b (approx. USD 13b). The disaster killed 19 people, displaced hundreds?and polluted the Doce River.?
Reuters, AP News?
In 2021 a court mandated the cessation of 486 gas flares in inhabited areas of the Amazon by March 2023 and in rural areas by 2030. The targeted flares were?owned by state-run oil company Petroecuador and a handful of private operators. Protesters allege that instead of shutting down the flares, Petroecuador is diverting gas to larger flaring operations in the Amazon. In response, Energy Minister Roberto Luque said?145 Petroecuador flares have been eliminated and plans are in place to close 341 more by 2030, including those run by private companies. Petroecuador said?shutting and taking down each flare takes between 12 and 36 months depending on location and other factors. Protesters continue to pressure the government through hunger strikes. ?
Mining.com
The World Bank’s International Centre for Settlement of Investment Disputes (ICSID) ruled in favour of Colombia after finding the mining ban imposed on the Santurbán Páramo does not violate the 2008 Canada-Colombia Free Trade Agreement. Montauk contended Colombia breached obligations owed to the company following the nation’s decision to prohibit mining in the Santurbán Páramo. The request for arbitration was submitted before ICSID in March 2018 and asked for compensation of approximately USD177m. In its decision, ICSID also noted there was no legitimate reason for Montauk to expect the Santurbán páramo (a high altitude wetland ecosystem) would not be protected.?
ASIA & PACIFIC
Labor Today?
South Korean shipyards have witnessed more fatal industrial accidents in 2024 than in previous years, according to the Metal Workers Union. The Union spoke out after a?gas leak at?Daesun Shipbuilding & Engineering reportedly caused an explosion which killed?2 workers in May. Additional?fatalities at shipyards in 2024 include the death of a?subcontractor who?died while diving at HD Hyundai Samho shipyard, and the death of a worker following the collapse of an?offshore structure?at Hyundai Heavy Industries.?Labour unions are calling for stronger oversight by the government and punishment of employers. We invited Daesun Shipbuilding & Engineering, HD Hyundai Samho?and Hyundai Heavy Industries to respond to the allegations; they did not. ?
DC Correspondent? ?
Approximately 360 Indian nationals have been rescued from human trafficking networks in Cambodia allegedly linked to the Jin Bei Group, a?casino complex?often cited by trafficking?victims as a venue for online scam operations. The rescue reportedly occurred following an uprising by more than 300 Indian nationals against their handlers in the Jin Bei compound area of Sihanoukville. We invited Jin Bei Group to respond to the allegations; it did not.
领英推荐
Franchise Executives?
Taiwanese bakery franchisor, 85 Degrees, has withdrawn its operations from Australia following a case filed with the Fair Work Ombudsman (FWO) which found 85 Degrees liable for its franchisee conduct. The case relates to instances of workers being underpaid a total of AUS32,321 (approx. USD21,325) in 2019. FWO took 85 Degrees to court in early 2023 over the allegations. The bakery was fined AUS1.44m (approx. USD950k) for ‘systematic failure to ensure compliance within its franchise network’. This is the first instance of the FWO holding a franchisor accountable for the conduct of its franchisees.? ?
EUROPE & CENTRAL ASIA
The Register?
Privacy campaign group noyb?has asked the Austrian data protection authority to investigate Microsoft 365 Education to clarify if it breaches transparency provisions under General Data Protection Regulation (GDPR), claiming the software may be tracking children's data without proper transparency or consent. Noyb alleges Microsoft is trying to avoid GDPR responsibility by shifting data protection responsibilities onto schools, while failing to provide clear information about the data being processed. In a second complaint, noyb said Microsoft 365 Education installs cookies without consent and uses them to analyse user behaviour, collect browser data and create advertising. A spokesperson at Microsoft told journalists the software ‘complies with GDPR and other applicable privacy laws’ and said the company ‘thoroughly protect[s] the privacy of our young users’.??
The Register?
Four?ArcelorMittal Temirtau managers were sentenced to prison for their role in the explosion that killed 5 miners and injured 4 more in November 2022. The mine's chief engineer was handed a 5-year sentence, while 2 managers were each sentenced to 4.5 years in prison. The mine's acting Safety and Ventilation Security Chief received a 4-year sentence. ?
Reuters
Billions of euros have flowed into investments and companies that tout their green credentials, raising concerns among regulators about greenwashing, or exaggerated climate-friendly claims. Market watchdogs across the EU have reportedly punished few instances of ‘greenwashing’ by financial firms, partly because regulators don't have enough resources to use their powers, the EU's securities regulator said. The European Banking Authority (EBA) said the number of alleged greenwashing cases in the EU rose by 26% in 2023 from 2022, driven by more communications and products linked to sustainability.
MIDDLE EAST & NORTH AFRICA
BWI, The Guardian, Human Rights Watch? ?
Building and Wood Workers’ International (BWI) filed the complaint against Saudi Arabia under Article 24 of the ILO constitution, based on multiple reported violations of forced labour conventions, including the abuse of 21,000 Nepali, Pakistani, Bangladeshi and Filipino workers owed unpaid wages by 2 now bankrupt Saudi construction firms. The complaint says migrant workers in the country experience systematic rights violations, including conditions of debt bondage, withheld passports and wage theft. It comes amid expectations Saudi Arabia will host the 2034 FIFA World Cup. BWI is demanding FIFA’s immediate attention to the case, highlighting the organisation's?commitments to identifying and addressing human rights impacts through its Human Rights Policy. At the time of publication FIFA has not responded to journalists’ requests for comment.?
Gulf News? ?
The Ministry of Human Resources and Emiratisation has mandated that new work permits for private sector companies are contingent upon them providing suitable housing for blue-collar workers, such as?those in construction. The Ministry has outlined stringent requirements for workers’ housing, including health standards, cleanliness standards, and various details for the comfort and safety for workers. Failure to comply will reportedly result in administrative penalties, including the suspension of work permits.
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Actualización Semanal 06 De Junio De 2024?|?Brasil: enfrentan acoso e inseguridad laboral | Argentina: comunidades denuncian exclusión | Guatemala: recuerdan a defensor
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