Weekly Update 26 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
Workers Rights Consortium
The WRC investigated reports of severe repression of workers’ freedom of association including mass firings and arrests, threatened and actual violence, wage theft, and blacklisting of 400 workers at Levi’s supplier factory in Türkiye. The WRC alleged??zak Global (in some instances in collaboration with local militarised forces and a company-favoured union) committed, or was complicit in, serious violations of labour rights at this facility in response to the majority of the facility’s workforce joining an independent union at one of its?factories. Initially, Levi’s reportedly acknowledged the mass firing was a violation of its standards for suppliers and said it would only continue to place orders with ?zak if the illegally fired workers were reinstated. Levi’s then allegedly dropped this stance and gave the factory more business. The WRC concluded there had been no remediation for the documented violations.
Levi’s responded to WRC’s report claiming it ‘contains several mischaracterisations and omits a number of relevant details.’ It added it has a longstanding commitment to supporting safe, productive workplaces and that it takes any allegations of attempts to undermine freedom of association ‘extremely seriously’.??zak?claimed?the workers were fired not because they were protesting but because they were cutting work?and said a Ministry of Labour investigation - which the WRC called 'one-sided'?and 'flawed' - had endorsed?the mass dismissals?as proof?its actions were by the book.
See also;?our recent report?Just for Show?examined the critical role of freedom of association and trade unions in protecting worker rights - and the destructive impact of of bogus alternative worker representative structures.
FROM US
BHRRC?
Surveillance measures to monitor and control the populations of states in the Middle East & North Africa (MENA) have expanded and intensified in recent years – as have the consequent human rights violations. Heightened human rights risks in the region include government crackdowns on protestors and women in Iran; the outbreak of Israel’s war on Gaza; acute economic pressures across North Africa; and shrinking civic space for political and human rights activists throughout the region. Yet there remains a damaging opacity regarding human rights compliance among tech companies operating in the region; we invited 23 companies which allegedly produce or provide surveillance technologies to governments in the MENA region to respond to questions on their corporate transparency and due diligence processes to ascertain what steps they were taking to safeguard human rights. Just 5 (Airbus, G4S, Indra, Leonardo and Sony) responded.
Irene Pietropaoli, British Institute of International & Comparative Law
Dr Irene Pietropaoli examines the steps corporations with operations or business relationships with or in Israel must take?following the International Court of Justice ruling. This is?to ensure they are meeting?their obligations under international law to avoid aiding and abetting genocide or other violations of international law.
BHR IN CONFLICT-AFFECTED AREAS
ISRAEL/OCCUPIED PALESTINIAN TERRITORY
UN OHCHR
The UN Working Group on Business & Human Rights, alongside a number of UN Special Rapporteurs, have asked?Google, Meta, Telegram?and X?about their alleged involvement in facilitating human rights violations in the ongoing war on Gaza. Prompted by the International Court of Justice?determination the situation in Gaza presents a 'plausible and imminent risk of genocide',?the letters highlighted the responsibilities of technology companies in conflict-affected areas, and asked them to provide evidence of their human rights due diligence. Sent in April but made public on 16 June, letters were also sent to the US and UAE governments - where the technology companies are domiciled. To date, Google is the only company that has?publicly responded?to the UN experts' request for information. ?
See also; we also?sent information requests?to these (and 100 other tech companies) in December 2023, asking about their heightened human rights due diligence and affiliated actions for mitigating harm. Google, Telegram?and X?ignored our requests, while Meta sent a general response. ?
Middle East Monitor
Last December, the Israeli Government agreed to provide Intel with a USD3.2b grant to construct a USD25b microchip plant in southern Israel, calling it the largest-ever international investment in the country. However, the Sicho Infrastructure Company?said it had received notification from Intel?delaying and halting some work related to the expansion of the company’s new microchip factory in Kiryat Gat, according to Israel’s?Calcalist?website.?The company is reportedly looking into the meaning of Intel’s announcement and whether it is entitled to compensation.?An Intel?spokesperson said, ‘Israel continues to be one of our key global manufacturing and R&D sites, and we remain fully committed to the region.’ ?
Ticket News? ?
Barclays has suspended its sponsorship of Live Nation’s festivals for 2024 after artists and fans boycotted the bank for providing financial services to companies supplying Israel.?The UK-based Palestine Solidarity Campaign has called for a general boycott against the bank, alleging the company holds over GBP2b (USD2.5b) in shares and provides GBP6.1b (USD7.7b) in loans and underwriting to companies providing weapons systems to Israel.?Barclays?denies funding arms companies and says it is not a shareholder or investor in relation to those companies. ?
MYANMAR ?
Justice for Myanmar
At the end of May 2024, the junta reportedly began using a new web surveillance and censorship system to increase its control of the internet, allegedly impeding the Myanmar people’s access to information and free expression. Planning documents indicate the system uses technology from Geedge Networks, a Chinese private network security company.?The proposed location tracking system is from another Chinese company,?China National Electronics Import and Export Corporation?(CEIEC). Geedge Networks and CEIEC did not respond to emails from Justice for Myanmar.
INTERNATIONAL
EnergyNews; FIDH
A coalition of NGOs and local authorities had accused?TotalEnergies?of failing to align its climate strategy with the Paris Agreement, while the case against EDF?concerned?a wind farm project in Mexico. The Court of Appeal decisions?paves?the way for an in-depth examination of these multinationals' due diligence plans.? Meanwhile, the?Paris Court of Appeal?ruled the?Suez case appeal inadmissible on a technicality. The legal action followed a major health crisis that took place in the town of Osorno in Chile in July 2019 ?due to contamination of the drinking water network following another operating incident at Essal.
AIPNEE & REP
Indigenous Peoples' groups have expressed serious concerns about the alleged lack of meaningful consultation in the review of the ICMM's Indigenous Peoples & Mining Position Statement. Asia Indigenous Peoples Network on Extractive Industries and Energy (AIPNEE) and Right Energy Partnership with Indigenous Peoples (REP) issued a joint statement?criticising?the new draft for failing to properly recognise Indigenous Peoples' rights to free, prior?and informed consent (FPIC) and for potentially allowing mining projects to proceed without FPIC, if authorised by the state. They urged the ICMM to ensure FPIC is obtained and respected, involve community in vulnerable situations in decision-making, ensure benefit sharing, including through co-ownership, establish culturally sensitive grievance mechanisms, and designate no-go zones for projects. They also called amendments to align the draft with international human rights standards.
AFRICA
Capital News
A section of online users have alleged Safaricom is aiding the state in a bid to crack down on individuals perceived to be involved with increasingly violent demonstrations against the 2024/2025 Finance Bill.?In a statement, mobile services provider?Safaricom maintained?it has not shared any customer information with government agencies, adding that any such directive can only be issued through a court order. ?
Leigh Day, The Independent
The claimants, families of 2 men killed at the North Mara Gold Mine in Tanzania by security forces, allege the London Bullion Market Association?(LBMA) repeatedly wrongly certified gold sourced from the mine as being free from serious human rights abuses.?LBMA made an application to persuade the UK courts to refuse to hear the case, arguing Tanzania would be a more appropriate place for the case to be heard. Just 5 weeks before the hearing, LBMA confirmed it was withdrawing the application. The law firm Leigh Day will now bring the case in London’s High Court.
Amnesty International
Earlier this month the Congolese Ministry of the Environment announced a total suspension?of Metssa Congo’s operations due to the major risk its recycling plant poses to health and the environment. A?2023 Amnesty International?investigation found lead concentrations in?blood samples taken from 18 people living near the Metssa Congo recycling plant?were well above the threshold set by the World Health Organisation. Amnesty International contacted the company which claimed the fumes emanating from its plant were not toxic. Amnesty International has now called on DRC authorities to ensure companies act responsibly and respect their environmental and human rights obligations.
AMERICAS
The Guardian; ESG Today, Reuters
A federal court in Texas has dismissed a lawsuit brought by?ExxonMobil?against activist shareholders calling for the oil giant to?reduce its greenhouse gas emissions and contributions to climate breakdown. The dispute centred on whether?climate risk?is a legitimate business concern and part of a corporate pushback against shareholder proposals. In the ruling, a US district court judge said Exxon’s claim was no longer valid after Arjuna?Capital, at whom the lawsuit was aimed, ‘unconditionally and irrevocably’ agreed not to submit a future proposal regarding Exxon’s greenhouse gas emissions. Exxon had sued Arjuna in January 2024 and refused to drop the case after it?agreed not to bring the shareholder petition forward.
See also;?California is seeking to seize profits of oil companies?including bp, Chevron, ConocoPhillips, ExxonMobil and Shell,?claiming they are ‘illegally obtained’ and the companies falsely advertised the environmental sustainability of their operations.
领英推荐
Amazon Watch
In the?new statement?directed to Solaris Resources?and its shareholders, the Indigenous Shuar Arutam People (PSHA) said the mining company’s flagship Warintza Project - located in the Cordillera del Condor, a biodiversity hotspot at the intersection of the Andes and Amazon ecosystems - was the root cause of escalating conflicts. The statement also claimed the increase in conflict in Shuar territory is directly correlated to the fall in the company’s share price and has affected its ability to attract capital, jeopardising the viability of the project and the company. Solaris Resources?previously responded to allegations made by PSAH regarding this project.
Repórter Brasil
A total of 90 backhoes (a type of digger truck) worth an estimated EUR7.6m (USD8.2m)?were seized on Indigenous Peoples' lands and conservation units in the Amazon in the past year. The use of heavy machinery in mining has been accused of accelerating?illegal activities in the Amazon.?Indigenous Peoples' leader Takak Ire sought accountability from Hyundai?in April saying,?‘Everything changed with the arrival of the machines. The loader digs deep into the ground, eats away at the banks of the streams, and widens the river. It’s a huge destruction.’ ? When contacted by Repórter Brasil, Hyundai said it has been providing information and documents requested to assist investigations and identify alleged illegal miners using its?machines and equipment in the Amazon region. 14 other manufacturers were identified in the survey but only JBC,?John Deere,?Link Belt Excavators?and Volvo?responded. The companies said the responsibility for activities performed with the machinery lies with the customer after acquiring the equipment.?The full responses from the manufacturers can be read here.
ASIA & PACIFIC
SCMP ?
Local residents from Dairi Regency, North Sumatra, gathered?outside the Chinese embassy in Jakarta earlier this month, protesting the planned Dairi Prima Mineral zinc and lead mine. The project, a joint venture involving state-owned mining giant?China Nonferrous Metal Industry’s Foreign Engineering and Construction Co (NFC), recently secured USD245m in funding from?CNIC Corporation, a state-owned investment company ultimately controlled by the?China Reform Holdings Corporation?(CRHC).? ?
The residents highlighted the high earthquake risk in the area and potential for environmental disaster, particularly from a proposed tailings dam. The community called for investors to withdraw funding, highlighting the project's threat to their future generations and way of life. We invited?CNIC Corporation,?CRHC and NFC to respond;?they did not. ?
Reuters ?
The CEO of a South Korean lithium battery manufacturer?Aricell has apologised following a massive factory fire that killed 23 workers, but insisted?the company had complied with all required safety precautions and training. 17 of those who died were Chinese, 5?were South Koreans and 1?was Laotian. Hundreds of thousands of migrant workers in South Korea are at risk from accidents like the factory fire, as they make up a large portion of the workforce but face a?greater risk?of injury or death. ?
Aricell?CEO Park Soon-kwan said, ‘We will be conscientiously taking part in the investigation by authorities and will do our best to determine the cause of the accident and to take measures to prevent a repeat of such an accident.’ A labour ministry official told Reuters it was investigating whether Aricell complied with safety regulations and gave adequate safety training for temporary foreign workers.
The Guardian
The Australian online safety regulator has watered down new rules which were designed to force tech companies to detect child abuse and terror content on encrypted messaging and cloud storage services, after some of the biggest tech firms in the world warned it could lead to mass government surveillance. Apple?warned it would leave the communications of everyone who uses the services vulnerable to mass surveillance.?Encrypted messaging company Signal?reportedly complained to the EU over a similar proposal.
EUROPE & CENTRAL ASIA
Financial Times, Gript
Following President Macron’s announcement of a snap election, French business leaders are reportedly seeking to ‘court’ Marine Le Pen’s National Rally party in fear of the potential taxation and social policies of a left-wing alliance.?FT spoke to senior executives and bankers anonymously who claimed they felt Le Pen’s party was more of a 'blank slate', open to persuasion on key issues for businesses, while the left would not compromise on its 'hardline' agenda.?Meanwhile, some businesses have come out against populism and xenophobia and also urged EU leaders to stay committed to the Green Deal after recent European Parliament elections, which saw a right-wing surge in countries like France, Germany and Austria.
CNN, The Independent, The Guardian ?
An Indian farmworker died after he was reportedly left on a road by his employer following a workplace injury earlier this month. The worker was allegedly employed on a farm in Latina, near Rome, and had been working there for 2 years. According to reports he was undocumented and worked for just EUR5 (approx. USD5.35) an hour without a legal work contract. The employer, farm owner Antonello Lovato, is under investigation for manslaughter, violations of workplace safety regulations?and failure to provide aid. Union leader Maria Garzia Gabrielli called the incident one of ‘unprecedented brutality’ and has emphasised the precarity experienced by undocumented migrants in the country.?Trade unions have also met with the Italian Government to discuss changes required to better protect migrant farmworkers in the future.
The Guardian
A group of drivers hired in Spain and brought to the UK to deliver?Amazon?packages to British households last year?are taking legal action against the company and one of its subcontractors. The drivers claim the subcontractor promised them earnings of more than GBP100 (approx. USD130) a day, free housing, van rental, insurance and free return flights. Some of the drivers say they were not paid in full, and in some cases billed thousands of pounds for vehicle damage after their contracts ended, leaving several in debt. The drivers are now taking legal action against the subcontractor, One Motion. Amazon is named as a respondent in the claim. One Motion denies the allegations, saying the drivers were correctly classified as subcontractors operating on a self-employed basis. Amazon denied involvement?in any wrongdoing and said it was committed to fair treatment for those employed by its subcontractors.
MIDDLE EAST & NORTH AFRICA
Equidem, Salon?
Equidem has published a report highlighting systematic human rights violations in Saudi Arabia - the exclusive bidder to host the 2034 Football World Cup. The report is based on interviews with 42 migrant workers in hospitality, maintenance and construction, and concludes FIFA?is failing to uphold its own human rights standards by entertaining the bid. Equidem shared its findings with FIFA, it did not respond.
Company Responses?
Company Non-Responses
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