Weekly Update 17 July
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
Business Daily; Financial Times
Lipton has announced the sale of its Kenyan tea estates to Browns Investments, a subsidiary of Sri Lankan conglomerate LOLC Holdings. The tea estates are on land that was violently taken from the Kipsigis and Talai clans?in the early 20th century. Members of the local community have expressed concerns about the sale, including that Lipton did not secure free, prior and informed consent (FPIC)?in line with its Responsible Sourcing Policy. A consortium of Kenyan cooperatives offered to match Browns' bid, aiming to restore the land to Indigenous Peoples and address historical injustices.?Lipton reportedly ignored this offer. Additionally, LOLC Holdings, Browns' majority shareholder, is under investigation for alleged?human rights abuses in Cambodia. Lipton's decision to proceed with the sale despite these allegations has sparked further controversy.?
We invited Lipton to respond to the allegations. It said: ‘All the parties who expressed an interest in acquiring these tea estates .... were fairly considered…’, stating?the Browns?offer was chosen based on its track record in the sector and ability to sustain large-scale tea estates. Lipton stated that FPIC was not applicable in this case as it concerns a ‘private sale of business ownership which does not alter community resources’. Lipton further said that questions about Browns and LOLC Holdings should be directed to them. We previously invited?LOLC Holdings?to respond to the allegations of human rights abuses in Cambodia; it did not.?
FROM US
BHRRC
Our quarterly update looks at the most significant developments in corporate legal accountability for human rights abuses, featuring updates and profiles on key lawsuits, including: A new profile on the Groupe Casino lawsuit filed in France regarding alleged violations of the French Duty of Vigilance Law through the sale of beef linked to deforestation in the Amazon; an update on the Chiquita lawsuits filed in the United States concerning allegations the company financed paramilitary groups in Colombia from 1997 to 2004; an update on the TotalEnergies lawsuit filed in France with the aim of forcing the company to reduce its greenhouse gas emission.?
BHR IN CONFLICT-AFFECTED AREAS
ISRAEL/OCCUPIED PALESTINIAN TERRITORY
Fortune, Middle East Eye?
US Law firm Sullivan & Cromwell’s new policy of conducting background checks on job applicants who participated in pro-Palestine campus protests has sparked controversy and potential legal challenges. The policy, which the firm says aims to disqualify applicants involved in anti-Semitic protests, is being criticised for potentially violating the Civil Rights Act by discriminating against Muslims and Palestinians. A spokesperson for the firm told journalists the background checks are an extension of the firm’s existing position on hate speech.??
Meanwhile, 2 Muslim women are suing the UK’s Lloyds Banking Group for discrimination after being disciplined for posting pro-Palestine messages in an internal work forum. The pair were reportedly subjected to investigations on the basis that they breached the bank’s rules on integrity and discrimination by posting messages calling on the bank to divest from companies accused of profiting from alleged Israeli war crimes. The women are seeking damages from the bank for subjecting them to religious and philosophical belief discrimination.?
BBC?
Palestinians living abroad have accused Microsoft of unfairly closing their email accounts without warning, cutting off access to crucial online services including bank accounts and job offers. Users also report losing access to Skype, which Microsoft owns, leaving them unable to contact relatives in Gaza. Microsoft cites terms of service violations as the reason for the closures, but affected individuals deny any wrongdoing and suspect discrimination based on their Palestinian identity. Microsoft maintains account closures are due to suspected fraudulent activity.
INTERNATIONAL
Fashion United?
Amazon is reportedly set to enter the ultra-fast fashion market?with the launch of a?new discounted marketplace, in?a shift away from the company's original?model of relying on small businesses and entrepreneurs.The move has raised?concerns about labour rights and sustainability, with analysts noting the strategy shift could reshape the retail landscape, accelerating ongoing trends towards cheaper and faster fashion.?
200 CSOs incl. BHRRC; 11.11.11; Global Justice Now; Global Witness; Heinrich-B?ll Foundation; IMPACT; Natural Resource Governance Institute; PowerShift;?& others?
The groups?call for reduction of?mineral demand, protection of?Indigenous Peoples'?rights, and equitable development, emphasising the need for transparent community engagement, gender equality?and stringent environmental and human rights standards. The coalition -?which includes the BHRRC alongside Indigenous Peoples, trade unions and environmental activists - seeks robust international frameworks and treaties to enforce these principles.?
AIPNEE, REP?
In June 2024, Asia Indigenous Peoples Network on Extractive Industries and Energy (AIPNEE) and Right Energy Partnership with Indigenous Peoples (REP) published commentary on the draft of the Indigenous Peoples & Mining Position Statement by the International Council on Mining and Metals (ICMM). The networks expressed serious concern over how the statement addresses meaningful consultation with Indigenous Peoples?representatives and recognition of free, prior and informed consent. The organisations urged the ICMM to amend the draft in line with international human rights standards, and to include reference to benefit sharing. We invited ICMM to respond to the allegations; it said it has ‘engage[d] with AIPNEE and many other stakeholders over the past 12 months’ and has ‘considered and incorporated the feedback received, including the letter from AIPNEE and REP dated 4 June.'
AFRICA
Norvan Reports?
On 9 July?a worker at?Atlantic Lithium?was fatally injured while working at the?Ewoyaa Lithium Project site in Mankessim, forcing the Australian-listed company to suspend operations at what is set to become Ghana's first lithium mine. A spokesperson for?Atlantic Lithium?said:?‘We are deeply saddened by this tragic event.’ Concerned parties say the fatality raises questions about safety standards in Ghana’s nascent lithium mining sector.? S.
GroundUp??
Residents of Concordia, Northern Cape, have raised concerns about increased mining activities by Copper 360 and its subsidiary?Shirley Hayes-IPK, citing dust pollution, road destruction and threats to communal land use. These issues have caused ongoing tensions between residents and the company, resulting in the arrest of protesters last year. We invited Copper 360 to respond to the allegations; it called the concerns a ‘misinformation campaign’, stating ‘the overwhelming majority of community members actively support our presence’.
The Standard?
The Kenya Plantation and Agricultural Workers Union (KPAWU) has raised concerns about flower farms in Naivasha replacing permanent workers with contract labourers, leading?to fears of job insecurity and loss of union protection for workers. Early in the year, Oserian Limited, one of the largest flower farms in Naivasha, laid off over 2,000 permanent workers, rehiring them on contracts. The farm attributed the move to poor European market and the high cost of production.?KPAWU warned the trend is spreading to other farms.
AMERICAS
Bridge Michigan
Michigan is at the epicentre?of a bird flu crisis, with the highly contagious H5N1 strain spreading from poultry to mammals and humans. Despite state and federal law requiring farm owners to provide personal protective equipment (PPE), farmworkers across the state have told advocacy groups that they’re not receiving any. Experts emphasise the need for testing, PPE, medical care?and paid sick leave to protect frontline workers and prevent a potential pandemic. Migrant farmworkers and undocumented immigrants - who make up a significant part of the agricultural workforce?- have been identified as particularly at risk due to a?lack of stable healthcare and paid sick leave, and increased contagion risk in cramped housing.?
领英推荐
Reuters??
BHP and Vale have agreed to equally split the cost of any damages resulting from proceedings in the UK related to the 2015 collapse of the Fund?o Dam,?owned by Samarco, a joint venture between BHP and Vale,?which killed 19 people and caused massive environmental damage.?Both companies deny liability for the disaster. The agreement also extends to proceedings in the Netherlands. It reinforces the framework agreement signed in 2016 for BHP Brasil?and Vale to each contribute 50% to the funding of the Renova Foundation, which was set up to ensure full and fair remediation for the damages caused by the collapse. A spokesperson for the company said?‘BHP believes the English Proceedings are unnecessary because they duplicate matters already covered by the existing and ongoing work of the Renova Foundation and legal proceedings in Brazil'.
ASIA & PACIFIC
IndiaSpend?
The groups allege the Gujarat Ecological Education and Research (GEER) Foundation is refusing to share its satellite maps, which are the sole evidence used for approving or rejecting forest rights verification claims. Despite the Forest Rights Act allowing for various forms of evidence, including elders' testimonies and site inspections, the group alleges these are typically?ignored in favour of GEER's recommendations. Critics argue that satellite imagery for small plots is error-prone, advocating for in-person verifications.?Gujarat’s tribal department informed journalists?that 'the GEER Foundation has now agreed to share their maps with the claimants, in a recent meeting'.?GEER?did not respond to a journalist?request?for comment.?
NP News; The Business Post; The Business standard; ?The Financial Express?
Bangladesh's apparel exporters are grappling with a severe crisis as orders decline by?25-40% amid rising production costs and an ongoing energy crisis exacerbated by cyclone damage in May. Despite increasing production costs, global buyers are demanding reductions of up to 20% in prices, pushing many factories to reject orders.?Factory owners report running at reduced capacity?and struggling to cover production costs, with many failing to manage workers' salaries and repay loans.
Visit our Who Pays For The Crisis? portal for the latest news and allegations related to the key intersection between supply chain resilience, purchasing practices and worker rights.
The Beijing News, Global Times? In June 2024, 5 migrant workers died following an explosion at South Glass Private's factory reportedly caused by a?faulty compressor valve. Prior warnings from workers about the compressor were allegedly ignored.?The Telangana labour department estimated South Glass Private should pay compensation of approx. RS81 lakh?(approx. USD97,000) to the families of the deceased, however the company?offered only RS5?lakh (approx. USD5,900) and reportedly failed to assist families in claiming the compensation. We invited South Glass Private to respond to the allegations; it did not.?
EUROPE & CENTRAL ASIA
Frag den Staat, The New Arab, Arbeitskreis Kritischer Jurist*innen Freiburg, The Athletic, New York Times?
Reports suggest host cities were required to enforce ‘clean zones’ around tournament venues, barring political and religious demonstrations, in a possible contravention of?German constitutional rights. Analysis by The New Arab published in June warned vague Union of European Football Associations (UEFA) guidelines and crackdowns by police could particularly affect those wishing to express solidarity with Palestine at Euro 2024. In response,?Amnesty International called on UEFA and German authorities to uphold fans' rights to expression and peaceful assembly. ?
We invited UEFA to respond to the allegations; it said, ‘The Tournament Requirements do not restrict the general freedom of assembly, which is protected by fundamental rights’, and said the ‘clean zones’ requirements?were designed to prevent unauthorised commercial activities.?
See also; A German court has ruled that Bundesliga club Mainz 05 wrongfully dismissed footballer Anwar El Ghazi over a social media post expressing solidarity with Palestine during Israel's war on Gaza. Mainz 05 was ordered to pay El Ghazi EUR1.7m (Approx. USD1.8m) in salary for the 9 months since his dismissal, and to allow him to return?for the final year of his contract. Mainz 05?is considering whether to appeal the decision.?
AFP
An investigation by Global Witness found bot-like accounts on X disseminated over 60,000 messages containing hate speech and disinformation ahead of the UK's general elections. The messages reportedly included Islamophobia, anti-Semitism, homophobia and transphobia, along with praise for Russian President Vladimir Putin. The NGO found these suspected bot accounts, designed to appear real, may have had ‘an oversize influence; due to their prolific activity'. Global Witness demanded X?invest more in ‘protecting our democratic debate from manipulation’. X?did not respond to journalist requests for comment.?
Reuters ?
The workers, brought to Italy on seasonal permits, were allegedly forced to work 7 days a week for up to 12 hours a day for just EUR4 (approx. USD4.36) per hour. These wages were reportedly docked to settle debts, with some workers asked to continue working for free to pay an additional EUR13,000 (approx. USD14,200) for permanent work permits that were never issued. The alleged abusers face charges related to slavery and labour exploitation.?
MIDDLE EAST & NORTH AFRICA
GDN Online
In Bahrain, the Migrant Workers Protection Society (MWPS) has launched the #ExtendTheShade campaign, urging businesses and government bodies to extend the summer work ban from 2 to 3 months amid rising temperatures exacerbated by the climate crisis. The initiative aims to reduce heat-related illnesses and improve worker safety. Bahrain is the only remaining country in the Gulf Cooperation Council that has limited the ban to 2 months, with Saudi Arabia, Oman, Kuwait and UAE instituting a 3-month order, and Qatar implementing a 2.5-month ban this year.?
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