Weekly Update 19 June
Image: D K via Flickr

Weekly Update 19 June

LEAD STORY

India: Amazon workers allegedly denied water & bathroom breaks during 50°C heatwave

The Independent; Grist; Arizona Republic?

As temperatures soared past 50°C, workers at Amazon India’s Manesar warehouse were allegedly made to pledge they would not take any breaks until they met their targets. Despite the intense heat, approximately 2,000 other workers at the warehouse reportedly endured 10-hour shifts without the opportunity to sit down, struggling to meet what they described as unreasonably high targets. Several workers reportedly fainted but were given a paracetamol tablet and asked to go back to work after resting for 10-15 minutes. In a statement to the Independent, Amazon maintained the safety and wellbeing of their employees was paramount. ‘All Amazon sites have been equipped with heat index devices that constantly monitor changes in temperature, and our teams implement appropriate corrective measures to provide comfortable working conditions,’ the company said.?

See also; restaurant workers in?the US seek stronger safeguards through unionisation, while a?lack of formal heat standards in Arizona puts workers at risk.?

FROM US

Briefing | Just for Show: Worker representation in Asia’s garment sector & the role of fashion brands & employers

BHRRC?

Our latest report highlights how fast fashion brands and suppliers are undermining freedom of association and collective bargaining in Asia due to their growing support for bogus and weak worker representative structures. Many nurture?these ineffective structures?which deny workers rights, rather than support assertive union engagement. In the midst of major transition in technology and clean energy in apparel, where workers' voice is essential, the study found that half the workers surveyed believed the brands stated respect for freedom of association was 'just for show - they rarely intervene when there is an issue'. The study highlights the rising risks for brands to comply with Europe's CSDDD.

BHR IN CONFLICT-AFFECTED AREAS

RUSSIA

Russia's imports of goods?returns almost to?pre-war trade levels despite sanctions, investigation shows

The Guardian?

Despite sanctions, data from customs agencies shows imports to Russia returning almost?to their pre-war levels, although at considerably higher prices. These imports have helped sustain sectors including?aviation and the car industry. Third countries like China, Türkiye, the UAE, Armenia and Kazakhstan are reportedly facilitating?the supply of various goods, including items used to sustain Russia’s military capabilities – among them microchips made by US producers such as Xilinx and Texas Instruments, or processors from Intel. ?

INTERNATIONAL

KBR allegedly mistreating migrant workers on UK & USA military base, incl. failure to repatriate worker's body after unexplained death

The Guardian, The Observer

Migrant workers employed by the US defence contractor KBR on the British-owned island of Diego Garcia have reportedly expressed concerns for their safety after the recent deaths of 2 of their colleagues. The most recent death?occurred on 5 January; Filipino worker Relemay Fabula Gan died after suffering a collapsed lung following several weeks of illness after a Covid diagnosis. In November 2023, Indian worker Saddam Ali's body was reportedly held on the island for 7 weeks after his death. The day before Ali died doctors tried to place him on a portable ventilator which reportedly failed to function correctly. In comments to the media,?KBR maintained?it acted promptly to order a medical evacuation?and medical treatment for both workers.?

Research reveals network of intl?surveillance vendors, brokers & resellers bringing spyware to Indonesia

Amnesty International, Haaretz, Inside Story, Tempo, WAV research collective, Woz?

Amnesty International’s Security Lab and media partners found evidence of sales of highly invasive spyware and other surveillance technologies to companies and state agencies in Indonesia between 2017 and 2023. The identified vendors include?the Intellexa consortium, Luxembourg-based Q Cyber Technologies SARL (linked to NSO Group),?Malaysia-based Raedarius M8 Sdn Bhd (linked to FinFisher),?Saito Tech (AKA?Candiru) and Israel-based Wintego Systems Ltd. Amnesty International highlighted?the sale of highly invasive spyware to Indonesia?due to the alleged ongoing infringements on the rights to freedom of expression, peaceful assembly and association, personal security and freedom from arbitrary detention in the country. Comments were sought from all companies referenced in the investigation. Responses were received from Candiru and NSO Group. Candiru said the company complies with the Israeli Ministry of Defense Export Control Agency’s Export Control Laws. NSO Group?said it is closely regulated by export control authorities.?

AFRICA

Tanzania: Police linked to deaths &?injuries at gold &?copper producer Barrick Gold’s subsidiary

Human Rights Watch?

Police guarding the North Mara Gold Mine have been linked to the killing of at least 6 people and injury of numerous others during clashes since February 2024. The police said those targeted were?conducting illegal small-scale mining inside the premises.?In response to journalists' requests for comment, Barrick Gold said 'police are requested to enter the mine site to assist in upholding law and order'.?The company said?it was 'not in any way involved or aware of [Tanzania police force] activity in the community, nor can it be responsible or accountable for it simply because such activity occurs in geographical proximity to the North Mara Gold Mine.'?

AMERICAS

Suriname: ‘Landmark ruling’ protects local & Indigenous groups following approval of injunction halting Amazon development

Mongabay?

The court approved an injunction filed in March on behalf of 12 Indigenous and local communities who were concerned about losing approximately 535,000 hectares of rainforest to agricultural development. This decision prevents agricultural projects by Mennonite colonies, the Ministry of Agriculture?and private entities, emphasising the government cannot allocate land without obtaining free, prior?and informed consent from affected communities. ‘This is a new precedent in Suriname,’ the attorney who filed the injunction told journalists. ‘The rights that had previously been denied to the Indigenous and local communities on a national level now have a basis for enforcement.' Suriname is the only country in South America which?doesn’t legally recognise the ancestral territory of Indigenous and local people.

Brazil: Personal photos of children allegedly used without consent to train AI tools, raising serious privacy & exploitation risks

Human Rights Watch?

Analysis by Human Rights Watch (HRW) reportedly found that LAION-5B, a dataset used to train large AI tools, contains links to identifiable photos of Brazilian children. HRW alleged?some children’s names are listed in the accompanying caption or URL, and in many cases?are easily traceable. Individuals are reportedly using these AI tools to create malicious deepfakes. In response to the allegations LAION, the German non-profit that manages LAION-5B, pledged to remove the images from the dataset. LAION added children and their guardians were responsible for removing children’s personal photos from the internet, which it argued was the most effective protection against misuse.?

USA: TikTok & Meta's alleged removal of abortion-related content threatens reproductive & health rights, says Amnesty International

Mining.com; Der Spiegel;?Verfassungsblog

Amnesty International's new?briefing alleges that, since the 2022 US Supreme Court decision overturning Roe v. Wade, major social media platforms, including Facebook, Instagram and TikTok, have removed abortion-related content, including information on how to access abortion care - threatening the right to health and bodily autonomy. The platforms' community guidelines reportedly lack clarity and transparency regarding abortion content moderation. In a response to journalists, Meta said it recognises the right to health and allows organic content educating users about medical abortion. TikTok said its policies do not prohibit or suppress topics such as reproductive health and abortion content. Amnesty US?said, ‘The responses from the companies do not line up with what appears to be happening on their platforms.’?

See also; human rights organisation HateAid has accused TikTok of failing to properly implement the EU Digital Services Act's (DSA) rules on notice and action mechanisms, which are crucial in upholding the right to freedom of expression while protecting individuals from harmful and illegal content. We invited TikTok to respond to the allegations; it said, ‘We are comfortable that our reporting mechanisms meet the obligations under the DSA.’?

ASIA & PACIFIC

Sri Lanka: Judges 'appalled' by conditions for plantation workers following first-ever workers’ tribunal

The Hindu Business Line?

An international tribunal expressed shock at the conditions faced by Sri Lanka’s tea and rubber plantation workers. Testimonies from workers brought together by the Ceylon Workers Red Flag Union revealed?plantation workers, primarily women, face excessive work targets tied to their daily wage, lack of basic sanitation and inadequate access to medical care. The tribunal noted workers experience ‘abysmal pay, extremely slow progression in wage increase and blatant non-implementation of wage increases.’ The tribunal recommended the steps be taken to introduce a minimum wage of LKR1,700 (approx. USD5.57). Furthermore, it urged the Sri Lankan government to prohibit ‘all unfair practices adopted by the plantation companies’.?

Japan: UN report says insufficient public consultation on real estate developments poses human rights risks

Research Institute for Environmental Finance? ?

The UN Working Group on Business and Human Rights has published the final report of its human rights investigation into Japan, concluding that environmental impact assessment procedures for large-scale developments being carried out across Japan are insufficient. The redevelopment of Tokyo’s Jingu Gaien District by real estate development company Mitsui Fudosan?was cited as a prime example. The report said the project ‘could result in adverse human rights impacts’ due to inadequate public consultation.? We invited Mitsui Fudosan to respond to the allegations; it said, ‘we have responded to various media, provided information on the project website, responded to questions and disclosed information, and held information sessions for local residents.' The company said it would take steps ‘to ensure that people gain a better understanding of the Project.’?

India: Plans by Hyatt and Taj Hotel to build resorts near national park & tea estate will allegedly harm Indigenous rights & fragile ecosystems

The Wire?

US headquartered hotel chain Hyatt?reportedly signed a memorandum of understanding with India's Government last year to build a hotel within the Hathikhuli Tea Estate, near Kaziranga National Park and Tiger Reserve (KNPTR). The initiative has sparked protests from Indigenous Adivasi communities, who claim proposed plans will be ‘catastrophic’ for Kazrianga’s fragile ecosystem and for local and Indigenous communities who depend on the land for their livelihoods. Similarly, Tata Group's plan to construct a Taj Hotel?in the area?has faced opposition from tea industry workers, who argue the hotel's construction will disrupt both their livelihoods and the local ecosystem. The?Hathikhuli Tea Estate?falls under the same ecological zone as the KNPTR. We invited Hyatt?and Taj Hotels to respond to the allegations; Hyatt denied it has plans to construct?within the Hathikhuli Tea Estate.?Taj Hotels said it ‘pursues development opportunities in compliance with all prevailing policies and regulations. Any development in this area will be in keeping with this principle.’?

EUROPE & CENTRAL ASIA

Sweden: Wines sold by state-owned retailer Systembolaget allegedly?linked to worker?abuse?on South African farms

Swedwatch, International Labour Research and Information Group?

Interviews with workers at 4 Western Cape farms revealed a range of rights abuses including substandard wages, poor housing and anti-union discrimination. At one of the farms, shop stewards had faced threats after bringing forward grievances.?In addition workers are allegedly exposed to hazardous substances, some of which are banned within the EU. The report also raises concerns regarding the effectiveness of certification standards, in this case by the Wine and Agricultural Ethical Trading Association (WIETA). In a response to Swedwatch, Systembolaget said it had been continuously working on the issues highlighted in the report. The company referred to its human rights and environmental due diligence processes, which it said are in line with international frameworks.?

UK: Fashion retailer Boohoo faces investor lawsuit following reported labour rights abuses

City AM?

The lawsuit, brought on behalf of 49 institutional investors, argues investors suffered huge losses as a result of the share price drop in 2020 following allegations Boohoo’s suppliers were mistreating workers. The 2020 investigation revealed multiple alleged labour rights violations at the company’s suppliers’ factories in Leicester, with some workers reportedly being paid as little as GBP3.50 (approx. USD 4.44) an hour. The investors allege Boohoo made untrue or misleading statements and failed to disclose material about the matter to the market, breaching its obligations under the Financial Services and Markets Act 2000. A spokesperson for Boohoo Group told journalists?‘We have been made aware of a claim that is being brought by certain shareholders. The company strongly contests the allegations and will vigorously defend any claim.’?

Italy: Prosecutors investigate supply chains of fashion brands amid worker exploitation allegations

Reuters

A dozen fashion brands are reportedly being targeted for investigation by Milan prosecutors and Italian police, after an Italian-based unit of French luxury goods conglomerate Mo?t Hennessy Louis Vuitton (LVMH) was placed under court administration following a probe which found had sub-contracted work to Chinese-owned firms that mistreated workers. Prosecutors alleged the violation of rules was not a one-off among fashion companies with manufacturing capacity in Italy, but systematic due to the pursuit of higher profits. Under Italian law, brands outsourcing production are responsible for carrying out adequate checks on suppliers.?

MIDDLE EAST & NORTH AFRICA

Kuwait: At least 49 migrant workers dead & 50 injured in accommodation fire; employer & building-owner NBTC denies overcrowding?

The New Indian Express,?Eurasia Review,?BBC,??The Independent,?Migrant-Rights.org ?

The fire began in worker accommodation on 12 June, reportedly due to an electrical short circuit, with flames spreading rapidly due to flammable materials within the accommodation and blocked exits. Kuwait’s Interior Minister reportedly blamed ‘the greed of the company and building owners’ after reports emerged that the building, housing 196 workers, was overcrowded and lacked proper safety measures. A spokesperson for NBTC, one of the largest civil construction contractors in Kuwait, publicly apologised for the incident, and denied there was overcrowding at the facilities. The company has also offered compensation of approx. USD9,500 to the families of the deceased, alongside insurance coverage and jobs to dependents 'as per their qualifications'.?

Company Responses?

Company Non-Responses

ANNOUNCEMENTS

BHRJ Blog holds inaugural blog symposium around regulatory developments in business & human rights outside Europe Business and Human Rights Journal Blog

OTHER BHRRC NEWSLETTERS

Actualización Semanal 13 De Junio De 2024:?Colombia: promueven ley en derechos humanos y empresas | México: preocupación por Tesla | Brasil: Vale incluida en lista sucia de trabajo forzado

Chinese Responsible Investment Overseas Newsletter Issue 31:?Myanmar: Boom in illegal rare earth mining linked to major electric vehicle & wind turbine companies via supply chains in China?

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