Weekly Update 13 March
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 Bureau of Investigative Journalism, The Guardian, The Times (UK); Modern Slavery & Human Rights
UK visa policies are exacerbating risk?of exploitation for migrant workers in?the country's?agriculture and care sectors,?research from?UK CSOs and academics ?has found. The ‘hyper-precarity’ of migrant workers' situations in these 2 sectors, alongside barriers for reporting exploitation, leaves them vulnerable to abuses, including deceptive recruitment practices by agencies, debt cycles and wage deductions.
Meanwhile, data from the Bureau of Investigative Journalism and Citizens Advice ?has revealed?'potentially thousands' of migrant care workers in the UK are trapped in exploitative conditions due to their visa status and employer dependency. Approx.?30% of the migrant workers who had been mistreated at work said they were scared to raise their concerns because they feared reprisals, including losing their visas and threats to their safety. Abuses reported from 175 worker testimonies include rape, sexual harassment, intimidation, wage theft and recruitment fee charging, among other violations.??
Between December 2022 and November 2023 , we tracked 31 cases of alleged corporate abuse against migrant workers in the health care sector, and 158 alleged cases of abuse in agriculture.
See also; social media platforms, including Meta's Facebook, are reportedly?'awash'?with exploitative recruitment agents charging migrant care workers exorbitant fees for UK healthcare jobs. An investigation revealed agents were making false promises and charging fees over 20 times the cost of direct applications.?We invited Meta to respond to the accusations. It said its Community Standards prohibit content that facilitates human exploitation.?
BHR IN CONFLICT-AFFECTED AREAS
ISRAEL/OCCUPIED PALESTINIAN TERRITORY
The Verge?
Organisers and non-profits criticised GoFundMe for alleged delays and inconsistencies in handling urgent donations to Gaza, intended to help relieve the ongoing humanitarian crisis. Fundraisers reportedly face ‘heavy-handed’ moderation and inconsistent policies which have slowed down aid efforts. Organisers?allege?they have not encountered such issues while fundraising for other causes. Campaigns benefitting US-based organisations working on Palestinian causes have also reportedly been placed under review without adequate explanation from the company.?
We invited GoFundMe to respond to the allegations. It said its approach to Gaza ‘is the same as all global crises where there are sanctions and limitations on the flow of money involved.’?
Al Jazeera, The Conversation??
Migrant workers drafted to cover?labour shortages in Israel are reportedly being sent to work in dangerous agricultural areas vulnerable to Hamas and Hezbollah attacks, following the evacuation of Israeli residents and the termination of Palestinians’ work permits. On 4 March, an Indian labourer working in Israel was killed ?and several other migrant workers were injured?following a missile attack, allegedly launched from Lebanon by Hamas-aligned Hezbollah. Indian workers in Israel are reportedly being charged?fees by recruitment agencies, and face discriminatory practices , with workers alleging Israeli recruiters are refusing to hire Muslims. Al Jazeera also reports farmworkers are vulnerable to wage theft, poor housing and exposure to pesticides without proper protection.
MYANMAR?
Inclusive Development International; ALTSEAN-Burma; Blood Money Campaign of Myanmar;??ESG Investor
Leading ESG index providers FTSE Russell, MSCI and S&P Dow Jones Indices face complaints filed with the US, UK, and Dutch governments, alleging violations of OECD guidelines for responsible business conduct. 3 CSOs accuse the firms of directing ESG-labelled investments to companies linked to Myanmar’s military, violating human rights due diligence obligations. Despite their significant leverage, the investors reportedly fail to address human rights risks, raising concerns about complicity with the junta's?abuses.? We invited FTSE Russell, MSCI and S&P Dow Jones Indices to respond to the allegations. MSCI?responded with details on its ‘transparent and rules-based methodologies’.?FTSE Russell said it will carefully consider the complaint while reviewing its index methodologies. S&P Dow Jones Indices did not respond. ?
See also;?ESG Investor explores the human rights-related risks attached to weapons financing, including the need for heightened human rights due diligence and more robust international guidance.
INTERNATIONAL
Reuters?
The appeal, brought by former child miners, was rejected by the US Court of Appeals, which ruled in favour of Google parent Alphabet, Apple, Dell Technologies, Microsoft and Tesla. The plaintiffs claimed the tech companies joined a ‘forced labour’ venture by purchasing cobalt produced using child labour for lithium-ion batteries. The court stated that buying cobalt in the global supply chain didn't constitute ‘participation in a venture’ under federal law. ? In response to the ruling, the plaintiffs' lawyer said the decision provides ‘a strong incentive [for companies] to avoid any transparency with their suppliers’. Dell said in a statement it was committed to upholding the human rights of workers throughout its supply chain. Apple,?Google,?Microsoft and Tesla did not respond to journalists’ requests for comment.?
Reuters?
The US Government imposed sanctions on Greek spyware vendor Intellexa?for targeting journalists, dissidents, policy experts and US officials, marking the first such action against a commercial spyware entity. The Treasury Department targeted 2 individuals and 5 entities associated with Intellexa. Intellexa’s Predator spyware, which enables mobile phone and internet surveillance, was allegedly found on the devices of targets in the Middle East, Africa, Europe and the US. Intellexa's founder has not responded to journalists' requests for comment. ?
Reuters
A survey of 5 Inditex investors with a combined stake in the company of approx. USD2b said they want Zara owner Inditex to follow rivals H&M and Primark in publicising a full list of their suppliers, so shareholders can better assess supply chain risks. Inditex is an outlier among big clothing retailers in not publishing which factories it sources from. Reuters asked Inditex shareholders what they wanted to see from the company in terms of improved disclosure. In response, Dutch asset manager MN said it?wanted the company to disclose a list of its?suppliers and their geographical location. A Portfolio Manager at Clearbridge Investments asked for more clarity and supply chain disclosure.? Inditex declined to comment on investors' demands for it to publish its full supplier list. A spokesperson said the company has an ‘industry-leading traceability system’.?
AFRICA
The Nation?
Nearly a quarter (23%) of women in mining communities reportedly experience sexual violence, compared with approx. 1 in 5 (19%) in non-mining communities, according to Women in Mining Nigeria (WIMIN), a CSO addressing the abuse of women and children in the mining sector. WIMIN alleges the problem is rooted in the combination of weak regulatory structures, a male-dominated industry, informal and illegal mining operations, and limited access to quality prevention and support services. The organisation urged CSOs, government agencies and sectoral stakeholders to address the issue.??
Front Page Africa?
The Liberian Environmental Protection Agency (EPA) has fined East International and Quetz Mining Company, and shut down Fengshou International Company, for violating the EPA Act of 2003. East International?faced fines of USD55,000 for serious occupational health and safety issues, excessive dust emissions and operating under an expired EPA permit. Quetz Mining?faced fines of approx. USD3,000 and a restoration order of approx. USD13,000 for illegally mining black sand in Montserrado county, which reportedly increases locals’ exposure to the threats of coastal erosion. Fengshou International’s rock quarry was closed after it was found to be in violation of environmental protection laws due to construction on protected wetlands.?
Citizen Digital?
13 children from Turkana County, supported by human rights organisation Kituo Cha Sheria, have filed a lawsuit against Tullow Oil Company, accusing it of environmental degradation. The plaintiffs are seeking an order for Tullow Oil to clean and remove the waste allegedly 'dumped' by the company, and urged the Director of Public Prosecutions to initiate criminal proceedings against the company management for environmental degradation. The residents claim significant losses of cattle, their primary source of income, since Tullow Oil began oil mining in the region.?
AMERICAS
Disclose?
IKEA's former supplier in Brazil, Artemobili, is facing accusations of multiple environmental crimes, including chemical pollution and illegal deforestation. An investigation by Disclose revealed?Artemobili, formerly responsible for manufacturing IKEA's furniture for US and European markets, was sued for multiple environmental crimes in 2018 and 2022. The Brazilian company allegedly buried large quantities of toxic waste, and cut down trees in an 8,000m2 area, without authorisation, prompting fines and legal challenges. IKEA may now face scrutiny by the Brazilian judiciary for its association with the supplier. ? We invited IKEA?to respond to the allegations. It said it has been in dialogue with Artemobili to address the violations and ‘ensure that such an incident does not occur again’. It added?Artemobili?was no longer supplying any IKEA products.
Reuters?
The court ruled the federal government may give away thousands of acres in Arizona to Rio Tinto for a copper mine project, upholding a previous 2022 ruling and rejecting an argument from Native Americans that the land should be preserved for its religious and cultural value. The federally-owned land parcel in eastern Arizona is considered home to deities by some Apache, and sits atop a reserve of more than 20m tons of copper.?A representative for the Apache Stronghold, a nonprofit who have long opposed the mine,?said the group intends to appeal to the Supreme Court, noting the appeal court's narrow 6-5 ruling. A spokesperson for Rio Tinto said it would continue to talk with tribes to seek to address their concerns.?
Mongabay?
领英推荐
The Las Bambas mine in Peru, among the world's largest copper mines, faces community backlash over its 4th Environmental Impact Assessment amendment. Mine owner MMG Ltd. seeks to expand its pit by 285.3 hectares. The move would reportedly generate more than 2m tons of waste and would result in the loss of wetlands, while significantly reducing the flows of local rivers. Local water bodies are reported to be at considerable risk of contamination. ? Local communities and organisations criticised the lack of proper analysis and insufficient information and consultation in the amendment, urging the Peruvian government to annul it. Las Bambas has a history of conflicts. Since 2015, the mine has faced frequent, sometimes deadly, protests. MMG did not respond to journalists’ request for comment. ?
ASIA & PACIFIC
CamboJA?
The arrest of Wing Star Shoes union leader Chea Chan has prompted criticism from international and local unions, after the recently elected union president was arrested on charges of ‘conspiracy to commit theft’ dating back 2 years. According to a statement from the Center for Alliance of Labour and Human Rights (CENTRAL), Chan’s arrest took place without a court-issued arrest warrant. It allegedly occurred after intimidating messages were?sent by the company to Chan and his union co-founders, asking them to drop the plan to form a local union. ? A spokesperson for IndustriALL Global Union has urged Wing Star Shoes to withdraw the 'false' police report and cease intimidating Cambodian Alliance of Trade Union (CATU) members. Wing Star Shoes did not respond to journalists’ requests for comment.?
Pulse News?
A labour safety and health conditions survey conducted by the Samsung labor union coalition uncovered high rates of sleep disorders and symptoms of depression amongst Samsung?employees. The survey involved 1,801 employees (1.2% of the workforce) from 4 of the conglomerate’s subsidiaries: Samsung Electronics, Samsung Electronics Service Co., Samsung SDI Co., and Samsung Electronics Sales Co. Concerns were also raised about the use of carcinogenic substances in mobile phone manufacturing.? Samsung Group?denied the allegations made by unions regarding mental health issues among its employees, labelling them a ‘distortion of the truth’.?
Reuters?
The Federal Court of Australia ruled in favour of the Indigenous Gomeroi People, overturning a previous decision by a Native Title Tribunal approving Santos' AUS3.6b (approx. USD2.4b) Narrabri gas project. The Federal Court ruled the tribunal had erred by not weighing evidence about climate impact, after it declared in 2022 the project's benefits outweighed its potential impacts on the traditional owner's culture, land and waters. Santos did not respond to journalists’ requests for comment.?
EUROPE & CENTRAL ASIA
Euractiv, Anti-Slavery International; Environmental Justice Foundation; BHRRC?& 34 others; 120 BHR lawyers & practitioners; Euronews; Sustainable Views; European Parliament
After more than 2 years of negotiations, EU countries have adopted the platform work directive , on 11 March. The directive aims to regulate gig economy work across the EU. After formal ratification in the Council and the European Parliament, countries will have 2 years to transpose the legislation into national law.?
On 13 March EU member states also approved the Forced Labour Regulation , set to prohibit the import of products made with forced labour. This paves the way for its swift adoption in the European Parliament and entry into force. Also on 13 March, the AI Act was approved by the EU Parliament with a large majority. The law establishes mandatory fundamental rights impact assessments for AI systems classified as high-risk and also grants citizens the right to file complaints. However, rights groups caution that serious loopholes remain, including carve-outs for law enforcement and allowing overseas exports of banned technology.
Meanwhile, focus remains on France, Germany and Italy ahead of the next – and potentially last – chance for EU member states to endorse the Corporate Sustainability Due Diligence Directive (CSDDD) in Council, after weeks of blockade of an already agreed Trilogue compromise. The Belgium presidency has presented a new, far-reaching compromise proposal . More than 120 BHR lawyers and practitioners , Italian companies and NGOs , as well as SME association and union representatives from Peru, Ivory Coast and Ukraine are among the latest to back the call to EU governments to secure the landmark legislation.
Reuters, CBC News?
The Romanian Government won an arbitration filed by Canada's Gabriel Resources, which sought compensation after its plan to build Europe's largest open cast gold mine in the western Romanian town of Rosia Montana failed. In 2015, Gabriel Resources filed a claim at the World Bank's International Centre for Settlement of Investment Disputes seeking at least USD4.4b in damages for losses related to its stalled project. The Romanian Government, which had a 20% stake in the project, withdrew its support for the mine in 2014 after months of country-wide protests. The project planned to carve 4 quarries which would have destroyed 4 mountain tops and wiped out 3 outlying villages.?
MIDDLE EAST & NORTH AFRICA
Migrant-Rights.Org?
Bahrain’s General Authority for the Social Insurance Organization will begin collecting end-of-service contributions from employers with workers, for distribution to migrant workers. The move seeks?to protect workers' rights following multiple instances of employers declaring bankruptcy, terminating residency permits, or repatriating workers without settling their rightful benefits. ? However, concerns persist about implementation and accessibility, with migrant rights groups pointing out the new system does not offer assistance to the many migrants currently stranded in Bahrain awaiting end-of-service payments. In recent months, hundreds of migrant workers from?Awal Gulf Industries were allegedly abandoned without receiving their rightful salaries and indemnity, amounting to tens of thousands of dollars, following the company's liquidation. ?
Company Responses?
Company Non-Responses
ANNOUNCEMENTS
Bonavero Institute of Human Rights
International Service for Human Rights
Institute for Human Rights & Business?
The Senate, Australia
OTHER BHRRC NEWSLETTERS
EVENTS
Details of these & other future events can be found?here . Please send relevant event information to Maeve Diffley: [email protected]
JOBS
BHRRC Vacancies
Vacancies
Further details & other recently posted jobs available?here .?To submit a new job announcement in business & human rights please get in touch.