Gender Based Violence in the H&M Garment Supply Chain - WORKERS VOICES FROM THE GLOBAL SUPPLY CHAIN : A Report to the ILO 2018 - Asia Floor Wage
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Gender Based Violence in the
H&M Garment Supply Chain
WORKERS VOICES FROM THE GLOBAL SUPPLY CHAIN : A Report to the ILO 2018
Asia Floor Wage Alliance (AFWA) was officially formed in 2006 and includes more than 76 organizations, including garment industry trade unions, NGOs, consumer groups and research institutes from more than 17 countries from across Asia, Europe and North America. The Center for Alliance of Labor & Human Rights (CENTRAL) is a local Cambodian NGO. The organization empowers Cambodian working people to demand transparent and accountable governance for labor and human rights through legal aid and other appropriate means. Global Labor Justice (GLJ) is a strategy hub supporting transnational collaboration among worker and migrant organizations to expand labor rights and new forms of bargaining on global value chains and international labor migration corridors. Sedane Labour Resource Centre/Lembaga Informasi Perburuhan Sedane (LIPS) is a non- governmental organization in labor studies. LIPS works to strengthen the labor movement by documenting knowledge through participatory research and developing methods of popular education in labor groups and unions. SLD is a Delhi-based labour rights organisation. SLD promotes equitable development by advocating for the social and economic well- being of workers, with a particular emphasis on women’s and migrants’ rights and cultural renewal among disenfranchised people. SLD works in the National Capital Region Territory, Haryana, Uttar Copyright 2018 Natalie Leifer for Pradesh, Bihar, and Jharkhand. Asia Floor Wage
4 CONTENTS CONTENTS 5
EXECUTIVE SUMMARY
In India, women workers employed in an H&M in operator roles, as line tailors and helpers in the Uruguay and Ukraine. Global brands like H&M As outlined in Chapter 3, H&M Corporate Social
supplier factory in Bangalore, India reported production department. wield an immense potential to transform working Responsibility initiatives fall short of decent work
physical abuse associated with pressure to meet conditions through their supply chains. standards, are entirely self-monitored, and fail
production targets. Radhika described being The gendered concentration of women workers as to address risk factors for violence or provide
thrown to the floor and beaten, including on her machine operators, checkers, and helpers in this -------------- avenues for relief in cases of workplace violence.
breasts: H&M supplier factory is a microcosm of gendered
Spectrum of gender based
hiring practices in garment global production As set out in Chapter 1 of this report, from May
On September 27, 2017, at 12:30 pm, my networks. Across Asia, women garment workers 28 to June 6, 2018, the International Labour
violence
batch supervisor came up behind me as I was make up the vast majority of garment workers. In Organization (ILO) is convening a Standard Setting
working on the sewing machine, yelling “you Bangladesh, Cambodia, Indonesia, and Sri Lanka, Committee tasked with ending violence and
are not meeting your target production.” He women workers represent between 80 and 95% of harassment in the world of work. The proposed
pulled me out of the chair and I fell on the the garment workforce. In India, women account ILO standard is a timely opportunity to reach an According to the Committee of Experts convened
floor. He hit me, including on my breasts. He for at between 60-75% of the garment workforce. expanded definition of gender based violence and by the ILO in October 2016, “violence and
pulled me up and then pushed me to the floor Women rarely, however, hold management and establish a framework within which governments, harassment” in the world of work includes
again. He kicked me. supervisory positions. employers, companies, and unions can take action a continuum of unacceptable behaviors and
to tackle the problem. practices that are likely to result in physical,
Radhika filed a written complaint with the This report—including interviews with more than psychological or sexual harm or suffering. Under
human resources department at the factory. 331 workers employed in 32 factories that supply In October 2016, an ILO Committee of Experts existing international legal standards, gender
She described the meeting between herself, the to H&M—documents the experiences of women released a report framing the upcoming based violence includes: 1) violence which is
supervisor, and human resources personnel: garment workers at the base of H&M garment deliberations. The Committee noted that directed against a woman because she is a
supply chains. Concentrated in short term, low- while violence can potentially affect everyone, woman; and 2) violence that affects women
They called the supervisor to the office and skill, and low-wage positions, they are at daily risk specific groups, including women workers, are disproportionately. Forms of gender based
said, “last month you did the same thing to of gender based violence and harassment at work. disproportionately impacted. Accordingly, the violence include acts that inflict physical harm,
another lady—haven’t you learned?” Then Committee called for specific action to address mental harm, sexual harm or suffering, threats of
they told him to apologize to me. After that, Systematically documenting risk factors for the gender dimensions of violence and an the any of these acts, coercion, and deprivations
they warned me not to mention this further. violence, this report presents new, in-depth international standard that can respond to new of liberty (CEDAW, General recommendation 19,
The supervisor and I left the meeting. I went profiles of gendered hiring practices in 6 H&M challenges and risks of violence and harassment article 1).
back to work. supplier factories in Bangladesh, Cambodia, and that arise from changing forms of work and
India completed between February and May 2018. technology (GB.328/INS/17/5, para. 6 Appendix I, Women garment workers may be targets of
Radhika reported that the harassment from her It also draws upon Asia Floor Wage Alliance (2016) para. 2, 11, 18). violence on the basis of their gender, or because
manager did not stop, but that she continued to documentation of rights violations at work in they are perceived as less likely or able to
work at the factory because she needs the job: H&M garment global supply chains in Cambodia The October 2016 Committee of Experts report resist. Comprising the majority of workers in
“My husband passed away and I have a physically and India. also presents a detailed set of risk factors for garment supply chains in Asia, women workers
challenged daughter who cannot work. That violence and harassment, including risk factors are also disproportionately impacted by forms
is why I need the job. I suffer a lot to earn my With 171,000 employees worldwide, H&M associated with the nature and setting of work of workplace violence perpetrated against both
livelihood.” currently operates 4,293 stores in more than as well as the structure of the labour market women and men. For women garment workers,
35 countries, and is present in 69 store markets (GB.328/INS/17/5, Appendix III). The Director- violence, and harassment in the world of work
Radhika’s experience of workplace violence and 43 online markets. In 2018 the H&M group General of the ILO emphasized the need for better includes not only violence that takes place in
provides insight into the risk factors that leave plans to open approximately 390 new stores and data on violence and harassment in the world of physical workplaces, but also during commutes
women workers in H&M garment supply chains approximately 170 store closures are planned, work (GB.328/INS/17/5, para. 4). and in employer provided housing. Violence
exposed to violence. In the H&M supplier factory resulting in a net addition of approximately and harassment may be a one-off occurrence or
where Radhika worked, women are concentrated 220 stores with new H&M store markets are repeated (GB.328/INS/17/5, Appendix I, para.
7-8).
6 CONTENTS CONTENTS 7
Table 1: Spectrum of gender based violence in H&M garment supply chains Chapter 4 of this report provides detailed Labour and employment practices in garment
accounts of this spectrum of violence, including production factories have been described as
Gendered aspects of violence, including: personal experiences of violence reported by operatory labour practices (Table 2), referring to
1. Violence against a woman because she is a woman women garment workers in H&M supply chains in the role of workers as basic operators. Operatory
2. Violence directed against a woman that affects women disproportionately due Bangladesh, Cambodia, India, Indonesia, and Sri labour practices correspond with particular
to (a) high concentration of women workers in risky production departments; Lanka. Women described experiences of violence workplace conditions and relationships that
and (b) gendered barriers to seeking relief that inflict sexual harm and suffering; and forms expose women garment workers to risk factors for
of violence characteristic of industrial discipline violence.
Forms of violence practices, including physical violence, verbal
abuse, coercion, threats and retaliation, and Chapter 5 of this report documents risk factors
Acts that inflict • Assault, including pushing to the floor, beating and kicking, gendered aspects routine deprivations of liberty—including forced for violence documented in the H&M garment
physical harm (1), 2(b) overtime. supply chain, including use of short term contracts
• Slapping, gendered aspects 2(a) and (b) and unrealistic production targets that drive wage
• Pushing, gendered aspects 2(a) and (b)
•
•
Throwing heavy bundles of papers and clothes, gendered aspects 2(a) and (b)
Overwork with low wages, resulting in fainting due to calorie deficit, high heat,
Risk factors for gender related rights abuses, excessive working hours,
and unsafe workplaces.
•
and poor air circulation, gendered aspect 2(a)
Long hours performing repetitive manual tasks lead to chronic health issues,
based violence The combination of calorie deficiency
gendered aspect 2(a)
and relentless working hours is violent in
The experiences of gender based violence in H&M
Acts that inflict • General verbal abuse, including bullying and verbal public humiliation,
the wages it withholds and the labour it
garment supplier factories documented in this
mental harm gendered aspect 2(a) report are not isolated incidents. Rather, they
extracts.
• Verbal abuse linked to gender and sexuality, gendered aspect (1) reflect a convergence of risk factors for gender
• Verbal abuse linked to caste or social group, gendered aspect 2(a) and (b) Barriers to accountability—including unauthorized
based violence in H&M supplier factories that
• Verbal abuse targeting senior women workers so that they voluntary resign subcontracting, denial of freedom of association,
leave women garment workers systematically
prior to receiving benefits associated with seniority, gendered aspect 2(a) failure to require independent monitoring,
exposed to violence.
and gendered cultures of impunity among
Acts that inflict • Sexual advances from management and mechanics and retaliation for perpetrators of violence prevent women from
sexual harm or reporting, gendered aspect (1), 2(a) Risk factors in H&M garment supply chains are a
seeking accountability and relief.
suffering (including • Sexual harassment from management and co-workers, gendered aspect (1) by-product of how H&M and other transnational
sexual harassment, • Unwanted physical touch, including inappropriate touching, pulling hair, and corporations do business. Chapter 2 of this report
abuse, assault, and bodily contact by managers and male co-workers, gendered aspect (1) provides a brief overview of global production
rape) • Rape outside the factory at accommodation, gendered aspect (1) networks in general and the garment global
Coercion, threats, • Threats of retaliation for refusing sexual advances, gendered aspects 1, 2(a) and production network in particular. It outlines
and retaliation (b) asymmetrical relationships of power between
• Retaliation for reporting gendered violence and harassment, gendered aspects brands and suppliers in garment supply chains,
1, 2(a) and (b) brand purchasing practices driven by fast fashion
• Blacklisting workers who report workplace violence, harassment, and other trends and pressure to reduce costs, and the
rights violations, gendered aspect 2(a) corresponding proliferation of contract labour and
subcontracting practices among supplier firms.
Deprivations of • Forced to work during legally mandated lunch hours, gendered aspect 2(a)
These practices have a profound impact on the
liberty • Prevented from taking bathroom breaks, gendered aspect 2(a)
lives of women garment workers in Asian garment
• Forced overtime, gendered aspect 2(a)
value chains, including in Bangladesh, Cambodia,
• Prevented from using legally mandated leave entitlements, gendered aspect
India, Indonesian, and Sri Lanka.
2(a)
8 CONTENTS CONTENTS 9
Table 2: Operatory labour practices, workforce demographics, and working conditions in garment As the only global tripartite institution, the ILO has harassment in the world of work should cover
production a unique role to play in not only advancing decent situations, including “(a) in the workplace,
Authority work in supply chains, but also ensuring that including public and private spaces where they
Management • Hierarchical work relations supply chain governance addresses risk factors for are a place of work; (b) in places where the
• Sweat shop disciplinary practices, including verbal, physical, and sexual gender based violence, and provides accessible worker is paid or takes a rest break or a meal;
harassment and abuse avenues for relief. (c) when commuting to and from work; (d)
during work-related trips or travel, training,
The recommendations that follow seek to inform events or social activities; and (e) through work-
Union presence • Anti-union management practices
emerging understanding of violence in the world related communications enabled by information
Workforce demographics
of work, identify specific risk factors for violence and communication technologies.”
Education • Illiterate, low literacy and literate in garment global production networks, and 1.4. The proposed situations should be
Women • High percentage of women migrant workers ensure a duty among multi-national corporations expanded to include the following situations:
• Concentration in low-skill departments and tasks (MNCs) and their suppliers to obey national laws
• Home-workers hired on piece rate and respect international standards pertaining 1.4.1. employer-provided housing;
to realization of ILO fundamental principles and 1.4.2. recruitment sites, including day-labor
Employment conditions rights at work. recruitment sites;
Wages and • Below or at minimum wage and piece rate payment 1.4.3. home-based work; and
incentives
1.4.4. export processing zones linked
Overtime
Employment
• High levels of forced overtime
• Low employment security
Recommendations to ILO to global supply chains, including those
characterized by exemptions from labour
security laws, taxes, and restrictions on union
Source: Adapted from Nathan, Saripalle and Gurunathan 2016 1. Adopt an expansive definition of “worker” activities and collective bargaining.
and “workplace” to ensure that all workers,
1.5. As presented in the Proposed Conclusions
ILO standards to address and production patterns while deflecting
accountability for how purchasing practices drive
workplaces, and forms of work are included in
standards addressing workplace violence and
of Report V(2), “victims and perpetrators of
violence and harassment in the work of work
violence against men and severe violations of rights at work. harassment.
1.1. As presented in the Proposed Conclusions
can be employers, workers and third parties,
including clients, customers, service providers,
women in the world of work Following ILC deliberations on global supply chains
at the 105th Session (2016), the ILO Committee on
of Report V(2) on ending violence and
harassment in the work of work, the term
users, patients, and the public.”
Decent Work in Global Supply Chains, submitted 1.6. The proposed definition of “victims and
How can standards on violence against men and “worker” should cover persons in the formal
a report with resolution and conclusions for perpetrators” should be expanded to include
women in the world of work address gender and informal economy, including “(i) persons in
adoption by the Conference (ILC105-PR14-1-En). the following roles:
based violence in garment global production any employment or occupation, irrespective of
The Committee noted the significance of the ILO 1.6.1. Multi-national corporations and
networks in Asia? their contractual status; (ii) persons in training,
in ensuring decent work in global supply chains: brands, suppliers, and labor contractors in
including interns and apprentices; (iii) laid-off
and suspended workers; (iv) volunteers; and (v) production, agricultural, food processing,
As detailed in this report, women workers With its mandate, experience and expertise and other relevant contexts.
concentrated in low-wage employment at the jobseekers and job applicants.”
in the world of work, its normative approach
base of H&M garment supply chains are at daily 1.2. The proposed definition of worker should 1.6.2. Private employment agencies as
to development and its tripartite structure,
risk of violence. The structure of production in explicitly include all migrant workers, regardless defined under Article 1 of the ILO Private
the ILO is uniquely positioned to address
global production networks (GPNs), involving of their legal status in the place of employment. Employment Agencies Convention,
governance gaps in global supply chains so
several companies across multiple countries, 1997 (No. 181), including any enterprise
that they can fulfill their potential as ladders 1.3. As presented in the Proposed Conclusions
allows brands and retailers to dictate sourcing or person, independent of the public
for development (para. 7). of Report V(2), standards on violence and
authorities, which provides one or more
10 CONTENTS CONTENTS 11
of the following labour market services: 2.3.3. Prohibit unrealistic production of discrimination, including low economic 4. Ensure a duty among MNCs and their
(a) services for matching offers of and demands and piece-rate targets that resources, migrant status, race, ethnicity, caste, suppliers to obey national laws and respect
applications for employment; (b) services accelerate production rates, extend tribe, religion, and disability. international standards pertaining to realization
for employing workers with a view to working hours, create high-stress working of ILO fundamental principles and rights at work.
making them available to a third party (“user environments, and foster abuse. 4.1. Noting the limits to jurisdiction under
3. Draw upon and strengthen definitions
enterprise”); (c) other services relating 2.3.4. Address concentration of women and national legal regimes, the ILO should move
and prohibitions addressing violence against
to job seeking, such as the provision of migrant workers in low-wage, contingent towards a binding legal convention regulating
women by the Committee on the Elimination
information, that do not aim to match work, especially in the lower tiers of the global supply chains.
of Discrimination against Women (CEDAW)
specific employment offers and applications. supply chain. by applying these standards to gender based 4.1.1. Standards under this convention
2.3.5. Increase numbers of women in violence in the world of work. must be at least as effective and
2. Address risk factors for violence, including risk supervisory and managerial positions 3.1. The International Labour Conference comprehensive as the UN Guiding Principle
factors associated with the nature and setting of 2.3.6. Call for and implement living wage should adopt standards on violence and on Business and Human Rights and existing
work and the structure of the labour market. standards. harassment in the world of work. These OECD mechanisms, including the 2011 OECD
2.1. Address risk factors for violence rooted in standards should take the form of a Convention Guidelines for Multinational Enterprises.
2.3.7. Protect the rights of home-based
the structure of the labour market. Consistent workers. supplemented by a Recommendation. 4.1.2. The Convention should include the
with the Report of the Committee of Experts 3.2. Consistent with General Recommendation following components, among others:
2.3.8. Require multi-national corporations,
convened by the ILO in October 2016, recognize No. 19 on violence against women, adopted 4.1.2.1. Impose liability, sustainable
employers, contractors, and states to
gender based violence as a social rather than by the Committee on the Elimination of contracting, capitalization and/or other
maintain effective remedies and safe, fair
an individual problem, requiring comprehensive Discrimination against Women (CEDAW), requirements on lead firms.
and effective dispute resolution mechanisms
responses that extend beyond specific events, ILO standards should include and address (1)
in cases of violence and harassment, 4.1.2.2. Establish regional and supply
individual perpetrators, and victims/survivors “violence which is directed against a woman
including: chain specific inspection mechanisms
(No. 35, para. 9). because she is a woman”; and (2) violence that
2.3.8.1. complaint and investigation with monitoring and enforcement
2.2. Identify (1) garment and other global “affects women disproportionately” (article powers, including individual complaint
mechanisms at the workplace level;
production networks and (2) migration corridors 1). For instance, as documented in this study, mechanisms and field investigation
as sectors and sites in which workers, including 2.3.8.2. dispute resolution women workers at the base of garment global authority.
women and migrant workers, are more exposed mechanisms external to the workplace; production networks are disproportionately
4.1.2.3. Require transparent and
to violence and harassment. Take corresponding 2.3.8.3. access to courts or tribunals; impacted by gendered patterns of employment
traceable product and production
measures to ensure these workers are that concentrate women in low-wage,
2.3.8.4. protection against information.
effectively protected. contingent employment.
victimization of complainants, 4.1.2.4. Address the special
2.3. Acknowledge particular risk factors for witnesses and whistle-blowers; and 3.3. Consistent with General Recommendation
vulnerability of women and migrant
violence in global production networks and take No. 19, the definition of violence should include
2.3.8.5. legal, social, and workers on GVCs.
the followings measures to control these risks: acts that inflict physical harm, mental harm,
administrative support measures for
sexual harm or suffering, threats of any of 4.1.2.5. Limit the use of temporary,
2.3.1. Address cultures of impunity for complainants.
these acts, coercion, and deprivations of liberty outsourced, self-employed, or
violence in the workplace by prohibiting
2.3.9. Provide workers with information (article 6). other forms of contract labor that
workplace retaliation and safeguarding
and training on the identified hazards sidestep employer liability for worker
fundamental rights to freedom of
and risks of violence and harassment and protection.
association and collective bargaining.
the associated prevention and protection
2.3.2. Extend labour protections to measures.
workers employed in situations that are not
2.4. Recognize and address discrimination
protected by labour law and other social
against women that intersects with other axes
protection frameworks.
12 CONTENTS CONTENTS 13
5. Pursue a Recommendation on human rights 6.1.1. Since women represent the greatest 6.2. Research adverse impacts of purchasing
due diligence that takes into account and builds majority of garment workers, the situation practices upon:
upon existing due diligence provisions that of women should be urgently included 6.2.1. Core labour standards for all
are evolving under the United Nations Guiding in monitoring programmes to assess the categories of workers across value chains.
Principles on Business and Human Rights and spectrum of their clinical, social, and
6.2.2. Wages and benefits for all categories
the 2011 OECD Guidelines for Multinational personal risks.
of value chain workers. This research should
Enterprises. 6.1.2. Research should include physical aim to satisfy basic needs of workers and
5.1. Take the following complementary harm, mental harm, sexual harm or their families.
measures to protect workers employed in global suffering, threats of any of these acts,
6.2.3. Access to fundamental rights to food,
value chains: coercion, and deprivations of liberty.
housing, and education for all categories of
5.1.1. Recognize the right to living wage 6.1.3. Research should document (1) value chain workers and their families.
as a human right and establish living wage violence which is directed against a woman
6.3. Research the range of global actors
criteria and mechanisms. because she is a woman; and (2) violence
that may have leverage over GVCs including
5.1.2. Promote sector-based and that affects women disproportionately due
investors, hedge funds, pension funds and GVC
transnational collective bargaining and urge to gendered patterns of employment that
networks that define industry standards such as
countries to remove national legal barriers concentrate women in low-wage, contingent
Free on Board (FOB) prices.
to these forms of collective action. employment.
6.3.1. This line of research should include
5.1.3. Expand work towards the elimination 6.1.4. Research should consider not only
investigation of the mechanisms deployed
of forced labour, including promoting the workplace, but also related situations
by authoritative actors within GVCs that Copyright 2018 Natalie Leifer for
ratification and implementation of the including training, recruitment and
contribute to violations of fundamental Asia Floor Wage
Forced Labour Convention, 1930 (No. 29), placement, commutes to and from work,
principles and rights at work, including
Protocol to the Forced Labour Convention and housing contexts where employers
but not limited to attacks on freedom of 7.1. The intersection of migrant rights and ILO
1930 and accompanying Recommendation, exhibit significant control over the daily lives
association, collective bargaining, forced initiatives to address violence against men and
2014. of workers.
overtime, wage theft and forced labour. women in the world of work and Decent Work in
5.1.4. Continue programs to ensure social 6.1.5. Require an urgent, epidemiological Global Supply Chains.
6.4. Research into the types of technical advice
protection, fair wages, and health and safety study into deaths and disabilities resulting
needed by OECD government participants taking 7.2. Protection of migrant rights as conferred
at every level of GVCs. from conditions of work and life of garment
a multi-stakeholder approach to address risks of under the UN International Convention on the
workers. This information should be made
adverse impacts associated with products. Protection of the Rights of all Migrant Workers
available publicly and to international
6. Consistent with the Roadmap of the ILO and Members of their Families.
agencies.
programme of action 2017-21 arising out of the 7. Organize a Tripartite Conference on the
6.1.6. Research design and planning should
work of the 105th Session (2016) of the ILO on adverse impact of contracting and purchasing
be sensitive to the barriers women face in
decent work in global supply chains, knowledge practices upon migrant workers’ rights. This
discussing and reporting violence, including
generation and dissemination of research to conference should focus on:
workplace retaliation, social stigma,
inform ILO global supply chain programming and trauma associated with recounting
should include gender based violence and risk situations of violence. Due to these factors,
factors for gender based violence. quantitative approaches to documenting
6.1. Research the spectrum of gender based gender based violence risk underreporting
violence impacting women workers in garment and may not produce insight into the range
and other supply chains: of violence women face, associated risk
factors, and barriers to reporting.
14 CONTENTS CONTENTS 15
CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 4 SRI LANKA..................................................................................................... 42
SPECTRUM OF GENDER BASED VIOLENCE ................................................................................... 5 H&M in Sri Lanka ............................................................................................ 43
RISK FACTORS FOR GENDER BASED VIOLENCE .............................................................................. 7
ILO STANDARDS TO ADDRESS VIOLENCE AGAINST MEN AND WOMEN IN THE WORLD OF WORK .............. 8 CHAPTER 3: H&M CORPORATE SOCIAL RESPONSIBILITY .................................................... 45
PUBLIC DISCLOSURE ............................................................................................. 45
RECOMMENDATIONS TO THE ILO ...................................................................................... 9 STANDARDS FOR SUPPLIERS ....................................................................................... 46
WAGE STANDARDS................................................................................................... 46
FIGURES AND TABLES ........................................................................................................ 16 GRIEVANCE CHANNELS.............................................................................................. 49
FREEDOM OF ASSOCIATION ........................................................................................ 50
ABBREVIATIONS AND ACRONYMS .................................................................................... 17 AUDIT PROCESS...................................................................................................... 50
METHODOLOGY ................................................................................................................ 18 CHAPTER 4: SPECTRUM OF GENDER BASED VIOLENCE IN H&M GARMENT SUPPLY CHAINS 53
RESEARCH QUESTIONS .......................................................................................................... 18 VIOLENCE AGAINST A WOMAN BECAUSE SHE IS A WOMAN ................................................ 53
RESEARCH PHASE I: PRELIMINARY ANALYSIS OF GENDER BASED VIOLENCE AND RISK FACTORS ............... 18 VIOLENCE THAT DISPROPORTIONATELY IMPACTS WOMEN .................................................. 53
RESEARCH PHASE II: CASE AND CONTEXT STUDIES OF GENDER BASED VIOLENCE ................................. 20 ACTS THAT INFLICT SEXUAL HARM OR SUFFERING ............................................................... 57
RESEARCH PHASE III: H&M FACTORY PROFILES AND RISK FACTOR SURVEY DATA ................................... 21 INDUSTRIAL DISCIPLINE PRACTICES ..................................................................................... 61
RESEARCH CHALLENGES .......................................................................................................... 21 Physical violence .......................................................................................................... 62
Physical toll of garment work ........................................................................................ 63
CHAPTER 1: GENDER BASED VIOLENCE IN THE WORLD OF WORK ..................................... 25 Verbal Abuse ............................................................................................................... 65
EMERGING ILO STANDARDS ON VIOLENCE AND HARASSMENT IN THE WORLD OF WORK ....................... 25 Coercion, threats, and retaliation .................................................................................. 66
VIOLENCE IN THE WORLD OF WORK, RELATED TRENDS AND FORMS ................................................. 26 Deprivations of liberty .................................................................................................. 67
GENDER BASED VIOLENCE ....................................................................................................... 26
CHAPTER 5: RISK FACTORS FOR VIOLENCE IN THE H&M SUPPLY CHAIN ............................. 71
CHAPTER 2: GARMENT GLOBAL PRODUCTION .................................................................. 29 WORKING CONDITIONS ..................................................................................................... 71
GLOBAL PRODUCTION NETWORKS ............................................................................................ 29 1. Short term contracts ............................................................................................... 71
GARMENT GLOBAL PRODUCTION NETWORKS .............................................................................. 29 2. Production targets .................................................................................................. 74
STRUCTURE OF GARMENT VALUE CHAINS ............................................................................. 30 3. Failure to pay a living wage ..................................................................................... 76
BRAND PURCHASING PRACTICES AND ACCELERATED WORK ...................................................... 31 4. Excessive hours of work and inadequate rest ........................................................... 82
RELIANCE ON CONTRACT LABOUR ........................................................................................ 33 5. Unsafe workplaces .................................................................................................. 84
SUBCONTRACTING .......................................................................................................... 33 BARRIERS TO ACCOUNTABILITY ........................................................................................... 85
GENDER BASED VIOLENCE IN THE GARMENT INDUSTRY ................................................................. 34 1. Unauthorized subcontracting .................................................................................. 85
ASIAN GARMENT VALUE CHAINS ............................................................................................... 36 2. Denial of freedom of association and collective bargaining ....................................... 86
BANGLADESH ............................................................................................... 36 3. Ineffective grievance procedures ............................................................................. 90
H&M in Bangladesh ........................................................................................ 37 4. Lack of independent monitoring .............................................................................. 91
CAMBODIA ................................................................................................... 38
H&M in Cambidia ........................................................................................... 39 RECOMMENDATIONS TO THE ILO ...................................................................................... 92
INDIA........................................................................................................... 39
H&M in India ............................................................................................................... 40 ACKNOWLEDGEMENTS ..................................................................................................... 98
INDONESIA ................................................................................................... 40
H&M in Indonesia .......................................................................................... 41 BIBLIOGRAPHY ................................................................................................................. 99
16 CONTENTS CONTENTS 17
FIGURES AND TABLES ABBREVIATIONS AND ACRONYMS
Figures AFWA
AFWA-C
Asia Floor Wage Alliance
Asia Floor Wage Cambodia
AFWA-I Asia Floor Wage Indonesia
BGMEA Bangladesh Garments Manufacturers and Exporters Association
Figure 1. Structure of garment supply chains
BKMEA Bangladesh Knitwear Manufacturers and Exporters Association Bangladesh Labour Act
Figure 2. Garment production hubs in Bangladesh BLA Bangladesh Labour Act
Figure 3. Garment production hubs in Cambodia BNPS Bangladesh Nari Progati Sangha
Figure 4. Garment production hubs in India CATU Cambodian Alliance of Trade Unions
CBA Collective Bargaining Agent
Figure 5. Garment production hubs in Indonesia CCAWDU Coalition of Cambodian Apparel Workers Democratic Union
Figure 6. Garment production hubs in Sri Lanka CCC Clean Clothes Campaign
Figure 7. Gendered production roles in H&M supplier factories in Bangladesh, Cambodia, and India CEDAW Convention on Elimination of All Forms of Discrimination against Women
CENTRAL Center for Alliance of Labor and Human Rights
Figure 8. Basic needs included in Asia Floor Wage calculations
COVC Code of Vendor Conduct
Figure 9. Asia Floor Wage calculations consider financial dependents and corresponding responsibility DIFE Department of Inspection of Factory and Establishment
of workers DIR Department of Industrial Relations
DoL Department of Labour
EPZ Export Processing Zones
Tables EWAIRA
FoA
EPZ Workers Association and Industrial Relations Act
Freedom of Association
FGD Focus Group Disscussion
Table 1. Spectrum of violence in H&M garment supply chains GDP Gross Domestic Product
Table 2. Operatory labour practices, workforce demographics, and associated working conditions in GMAC Garment Manufacturers Association in Cambodia
the garment sector GPN Global Production Network
GSC Generalized System of Preference
Table 3. Methodology: H&M supplier factories investigated between January and May 2018
HRW Human Rights Watch
Table 4. Share of retail prices for Indian workers and suppliers ICCPR International Covenant on Civil and Political Rights
Table 5. Risk factors identified by the ILO Expert Committee that expose garment workers to violence ICESCR International Covenant on Economic, Social and Cultural Rights
and harassment ILC International Labour Conference
ILO International Labour Organization
Table 6. Distinct minimum wages across locations in Indonesia
ILRF International Labour Rights Forum
Table 7. Asia Floor Wage figures in local currencies MFA Multi–Fiber Agreement
MoLE Ministry of Labor and Employment
MLVT Ministry of Labour and Vocational Training
RMG Ready Made Garment
SLD Society for Labour and Development
TATA Textiles and Apparel Trade Agreement
TCLF Textile, Clothing, Leather and Footwear
TNC Transnational Corporation
TTP Textile and Textile Products
UNCTAD United Nations Conference on Trade and Development
WTO World Trade Organization
18 CONTENTS CONTENTS 19
METHODOLOGY
This report is based upon 3 years of Asia
Floor Wage Alliance documentation of Research questions:
decent work violations and gender based
This research seeks to answer three interrelated
violence in H&M garment supply chains. questions:
It includes the results of interviews and
focus group discussions with 331 workers • What are the gendered forms of violence
employed in 32 H&M supplier factories and harassment women garment workers
across Bangladesh, Cambodia, India, experience in H&M garment supply chains in
Indonesia, and Sri Lanka. Bangladesh, Cambodia, India, Indonesia, and
Sri Lanka?
Our most recent investigation of gender based • How does gender interact with risk factors
violence in H&M garment supplier factories was for violence and harassment articulated by
conducted between January 2018 and May 2018 the ILO Experts Committee to expose women
in Dhaka, Bangladesh; Phnom Penh, Cambodia; garment workers to this spectrum of gender
West Java and North Jakarta, Indonesia; based violence?
Bangalore, Gurgaon, and Tiruppur, India; and in • How have trade unions and workers’
Vavuniya District, Northern Province, Sri Lanka. collectives taken effective action to address
gender based violence in global production
Field investigation of gender based violence in networks in Asia?
H&M factories in Bangladesh, Cambodia, India,
Indonesia, and Sri Lanka was conducted by
Development Synergy Institute in Bangladesh; Research phase I:
CATU and CENTRAL in Cambodia; Society for Preliminary analysis of gender based
Labour and Development in India; Sedane Labour violence and risk factors
Resource Centre/Lembaga Informasi Perburuhan
in Indonesia; and Asia Floor Wage Alliance in In research phase one, researchers conducted Cambodian garment workers in a ‘know your rights’ training with the Cambodian Alliance of Trade Unions
Sri Lanka. Field research was coordinated by focus group discussions with women workers (CATU). The workers pictured are not from factories interviewed for this report.
the research team at the Society for Labour and employed in H&M garment supply chains and Copyright 2018 Patrick Lee for Asia Floor Wage Alliance
Development (SLD), the current Secretariat for trade union leaders engaged in organizing workers
Asia Floor Wage Alliance (AFWA). in H&M supply chains. The goals of this research General recommendation 19 adopted by the Sri Lanka. This sample includes workers from 16
phase were both to understand gender based Committee on the Elimination of Discrimination different H&M supplier factories.
This report also revisits Asia Floor Wage Alliance violence and associated risk factors; and to against Women (CEDAW). Researchers used risk
(2016) documentation of rights violations at work address gender based violence by training women factors identified in the October 2016 Conclusions The vast majority of women workers who engaged
in H&M garment global supply chains in Cambodia workers to identify and respond to workplace by the Meeting of Experts on ‘Violence against in focus group discussions worked as sewing
and India, compiled through survey-based and violence. Women and Men in the World of Work’ as a machine operators. Women workers interviewed
case study research conducted between August benchmark for understanding risk factors for for this study had been employed in the garment
and October 2015 in Guragaon, India; and Bogor, Focus group discussions sought to identify forms violence in H&M garment supply chains. industry for up to 20 years. Respondents also
Indonesia. of gender based violence in the workplace and included male and female supervisors, helpers,
risk factors for violence. In identifying forms of Phase one focus group discussions included 80 and checkers; women workers employed as
gender based violence, researchers used the women workers engaged in H&M supply chains helpers in the finishing department; and male
definition of gender based violence set out in in Bangladesh, Cambodia, India, Indonesia, and workers employed in quality control and as store
keepers.20 CONTENTS CONTENTS 21
Worker Research phase two context studies sought to
Respondents included women who are members Due to concerns about retaliation among Asia
of trade unions or workers collectives and document working conditions that place women Floor Wage Alliance partner unions, this report
those who are not. In Sri Lanka and Cambodia, garment workers at routine risk of gender based does not name the supplier factories profiled in
all women interviewed for this study reported
membership in a trade union or workers
collective. In Bangladesh, India, and Indonesia, by
strategies violence. For instance, researchers documented
extreme pressure to complete production targets
Bangladesh, India, Indonesia and Sri Lanka.
contrast, some of the women participants were where women face routine physical violence These factory profiles are contextualized by
members of trade unions or workers collectives including slapping and throwing large bundles survey-based and case study research on
and others were not. of clothes and smaller sharp projectiles, such violations of international labour standards in
In Cambodia, the Cambodian Alliance H&M garment production factories conducted
as scissors; and verbal abuse. Researchers also
All focus group discussions were conducted in between August and October 2015 in Delhi, India
of Trade Unions (CATU) regularly runs documented barriers to reporting workplace and Phnom Penh, Cambodia. This sample includes
person with full consent from workers. In order to violence, including high levels of job insecurity
protect the identity of workers who participated structured interviews with 251 workers employed
‘know your rights’ trainings for workers and threats of firing among temporary workers. in 16 factories across in Cambodia and India that
in this study, all individual names have been
changed. in garment and footwear factories. Finally, by completing detailed “day in the life” supplied garments to H&M at the time.
accounts, researchers documented deprivations
participants in CENTRAL’s FGDs from of liberty including being forced to work through
Research phase II: H&M suppliers all reported that they did
legally mandated breaks, forced overtime, and Research challenges
Case and context studies of gender based relocation of workers between factories and
violence buildings without prior consent.
not know what forms of violence in the
Stigma and retaliation associated
In research phase two, researchers conducted
case and context studies to develop in depth
workplace were against the law. CATU’s
Research phase III: with reporting gender based
accounts of the forms of gender based violence
in the workplace and risk factors for violence
trainings aim to inform Cambodian
H&M factory profiles and risk factor violence
identified in research phase one. Research garment workers about their rights survey data
Stigma and risk of retaliation associated with
phase two case studies documented incidents
under the Law, covering elements of the gender based violence leads many women
of gender based violence in the H&M garment In research phase III, AFWA partners completed workers to hide their experience of violence.
supply chain experienced and recounted by in-depth factory profiles of 6 H&M factories,
Criminal Code, the Labour Law and the Therefore, it required significant effort from
individual women workers, including case studies including 3 factories from Bangladesh, 2 factories researchers to identify potential respondents. In
of sexual harassment, persistent and ongoing from Cambodia, and 1 factory from India. These
Law on Trade Unions. Through organising order to navigate this challenge, where possible,
verbal harassment, retaliation for reporting factory profiles provide a demographic snapshot researchers worked in teams including both
sexual violence, and barriers to seeking relief, of the H&M garment supply chain workforce
and supporting garment workers and male and female researchers. They also sought
including management and state inaction in that demonstrates the concentration of women partnerships with AFWA network members in
response to complaints. It also includes in
expanding their knowledge of their rights workers in temporary, low-wage production jobs order to facilitate access to engage with women
depth documentation of a 2018 case of violent within the garment supply chain. Factory profiles workers. All interviewees were assured that their
retaliation against women garment workers in
under Cambodian law, CATU is helping also sought to understand working conditions, identity and any identifying case information
Bangalore, India who formed a union to call presence of trade unions, and dispute resolution would remain confidential.
for safe drinking water in the factory, reliable to develop a new generation of union mechanisms.
transportation, and living wages.
leadership in Cambodia.22 CONTENTS CONTENTS 23
Table 3: H&M supplier factories investigated between January and May 2018 As explained by Emelia Yanti. Siahaan, General export processing zone in Jakarta. She took
Secretary of the Indonesia Federation of a close-up photograph of a woman worker
Dhaka, Bangladesh
Independent Trade Unions (GSBI), women workers outside the factory. This was reported to the
• Bangladesh factory 1 (including factory profile), Ashulia, Dhaka, 2,735 workers
face surveillance by factory managements even supervisor and the woman lost her job.
• Bangladesh factory 2 (including factory profile), Ashulia, Dhaka, 4,281 workers outside the factory gates:
• Bangladesh factory 3 (including factory profile), Ashulia, Dhaka, 2,348 workers Respondents who did engage with the research
Women workers are afraid to talk to anyone team were, for the most part, particularly
• Bangladesh factory 4, Ashulia, Dhaka, 1,100 workers
outside the factory about the violence and unwilling to discuss instances of sexual violence.
• Bangladesh factory 5, Ashulia, Dhaka, 2,500 workers rights violations they face. Supervisors have Field researchers were trained not to persist
• Bangladesh factory 6, Ashulia, Dhaka, 1,200 workers been known to pay people living and working with lines of questioning if they recognized any
Phnom Penh, Cambodia in the areas outside the factory to report signs that the conversation might re-traumatize
• Roo Hsing Garment Co., Ltd. (including factory profile), Phnom Penh, 5,050 workers workers if they are seen speaking to people survivors. Accordingly, while our research
from outside the factory. I’ll give you an uncovered cases of sexual violence, these cases
• Yi Da Manufacturer Co. Ltd. (including factory profile), Phnom Penh, 156 workers example. I went with a photographer to the have not been included in our research findings.
Bangalore, Faridabad, Gurugram (Gurgaon), and Tiruppur, India
• India, Factory 1 (including factory profile), Gurugram (Gurgaon), Haryana, India, 574 workers
• India, Factory 2, Faridabad, Haryana, India, 4,500 workers
• India, Factory 3, Bangalore, Karnataka, India, 4,000 workers Copyright Rajan Zaveri for Society for Labour and Development
• India, Factory 4, Bangalore, Karnataka, India, 3,000 workers
• India, Factory 5, Chinnakarai, Tirupur, approximately 1,300 workers
Bogor and North Jarkarta, Indonesia
• Indonesia factory 1, Nusantara Bonded Zone, Cakung, North Jakarta, 7,000 workers
• Indonesia factory 2, Bogor, West Java
Vavuniya District, North Province, Sri Lanka
• Sri Lanka factory 1, Vavuniya District, North Province, Sri Lanka, 840 workers
Note: In Sri Lanka, a significant percentage of women workers employed in H&M supplier factories are
employed through “manpower”—or temporary work agencies—as needed. Under this arrangement,
the number of workers employed in the factory can differ significantly depending upon the orders that
have been received for the day. Accordingly, even trade union leaders familiar with the H&M supplier
factories under investigation were unable to provide accurate counts of the number of workers in each
department.24 CONTENTS CONTENTS 25
CHAPTER 1:
Gender based violence in the world of work
Emerging ILO standards on As articulated by the Report following the 2016
Experts Meeting, a (an) effective instrument(s) will
violence and harassment in be both sufficiently focused and flexible enough
to address different socio-economic realities,
the world of work different types of enterprises, and different forms
of violence and harassment, as well as different
contexts. Such (an) instrument(s) should also be
At its 325th Session (October–November 2015), able to respond to the new challenges and risks
the Governing Body of the International Labour which might lead to violence and harassment
Office decided that in June 2018, the International in the world of work, such as those arising from
Labour Conference (ILC) will hold tripartite changing forms of work and technology (GB.328/
deliberations to develop standards to address INS/17/5, Appendix I, para. 18). In particular, the
violence and harassment in the world of work. The 2016 Experts Meeting Report points to the need
proposed ILO Convention and Recommendation to extend coverage of Occupational Health and
on violence in the world of work is a timely Safety (OHS) and other legal protections relevant
opportunity to adopt an inclusive definition of to violence and harassment in the world of work
violence and establish a framework within which to excluded workers, groups and sectors by
governments, employers, companies and unions identifying and closing gaps (GB.328/INS/17/5,
can take action to tackle the problem. Appendix I, para. 18).
The October 2016 report on the outcomes of Finally, the Director-General of the ILO
the Meeting of Experts on ‘Violence against emphasized the need for better data on persistent
Women and Men in the World of Work’ presents violence and harassment in the world of work
a detailed set of risk factors for violence in against workers and others (GB.328/INS/17/5,
the world of work that lends insight into the para. 4). Responding to this call, this research aims
conditions under which violence is more likely to contribute up to date evidence on persistent
to occur. These include risk factors associated gender-based violence and harassment against
with the nature and setting of work as well as the women garment workers in H&M supply chains
structure of the labour market. in Bangladesh, Cambodia, India, Indonesia and Sri
Lanka, many of whom are also migrant workers.
The Committee acknowledged that while violence
can potentially affect everyone, specific groups In addition to the October 2016 Meeting of
are disproportionately impacted (GB.328/ Experts Report, the International Labour Office
INS/17/5, para. 6). The 2016 Committee released Report V(1) setting out the law and
Report highlights that women workers may be practice in different countries, and a questionnaire
particularly at risk (GB.328/INS/17/5, Appendix I, that was transmitted to member States in May
para. 11). Consistent with this acknowledgement, 2017. A total of 85 governments sent their replies
the Conclusions adopted by the Meeting call for to the Office, with 50 of them indicating that the
specific action to address the gender dimensions most representative organizations of employers
Garment workers in a Bangladesh garment of violence (GB.328/INS/17/5, Appendix I, para. and workers had been consulted. The Report V(2)
factory. Workers pictured were not interviewed 2). and proposed Conclusions were prepared on the
for this report.
basis of the replies received from governments
By Mona Mijthab from Wikimedia Commons
and organizations of employers and workers.26 CONTENTS CONTENTS 27
Violence in the world of women’s increased participation in the labour
market, has in many cases been in non-standard
General recommendation No. 35
emphasizes that gender based violence
respectively—confirms that discrimination
against women is inextricably linked to other
work, related trends and and precarious forms of employment, typified
by informal, low-paid and poorly protected
is a social rather than an individual
problem, requiring comprehensive
axes of discrimination. These include: ethnicity/
race, indigenous or minority status, colour,
forms work. This makes women especially vulnerable
to physical, verbal and sexual harassment and
responses that extend beyond specific
events, individual perpetrators,
socioeconomic status and/or caste, language,
religion or belief, political opinion, national origin,
violence. (Pillinger 2017: ix-x). marital and/or maternal status, age, urban/
According to the Committee of Experts convened and victims/survivors (para. 9). The rural location, health status, disability, property
by the ILO in October 2016, “violence and Committee further underscores that
harassment” include a continuum of unacceptable
behaviors and practices that are likely to result in
Gender based violence gender-based violence against women is
ownership, being lesbian, bisexual, transgender
or intersex, illiteracy, trafficking of women,
one of the fundamental social, political, armed conflict, seeking asylum, being a refugee,
physical, psychological or sexual harm or suffering. The October 2016 report of the Committee of and economic means by which the internal displacement, statelessness, migration,
Experts on ‘Violence against women and men heading households, widowhood, living with HIV/
subordination of women with respect to
Violence and harassment in the world of work in the world of work,’ calls for specific action to AIDS, deprivation of liberty, being in prostitution,
encompass violence in the public or private sector, address the gendered dimensions of violence
men is perpetuated (para. 10). geographical remoteness and stigmatisation of
or in the formal or informal economy (GB.328/ (GB.328/INS/17/5, Appendix I, para. 2). women fighting for their rights, including human
INS/17/5, Appendix I, para. 4). Violence in the General recommendations No. 28 and No. 33—
rights defenders (No. 35, para. 12).
world of work includes violence and harassment on the core obligation of States parties under
General recommendation No. 19 on violence
that take place not only in physical workplaces, article 2 of CEDAW and women’s access to justice,
against women, adopted by the Committee
but also in a broader spectrum of sites that on the Elimination of Discrimination against
reflect the evolution of work contexts, including: Women (CEDAW) defines gender based violence Indonesian women from the Federation of Independent Trade Unions (GSBI) demonstrate against
commuting, work-related social events, public as “violence which is directed against a woman rights violations in the garment industry. Like many human rights defenders, they are at risk of violent
spaces, teleworking and, in some contexts, the because she is a woman or that affects women retaliation.
home (GB.328/INS/17/5, para. 8). disproportionately’, and, as such, is a violation
of their human rights” (article 1). Forms of
Within these spaces, violence can be “horizontal gender based violence named by General
or vertical”; from sources internal to the recommendation No. 19 include acts that
workplace, or external sources such as clients, inflict physical harm, mental harm, sexual harm
other third parties, and public authorities. or suffering, threats of the any of these acts,
Violence and harassment may be a one-off coercion, and deprivations of liberty.
occurrence or repeated (GB.328/INS/17/5,
Appendix I, para. 7). As explained by General recommendation
No. 35 on gender-based violence against
The continuum of violence described above women, released on July 14, 2017, for over
includes gender-based violence (GB.328/ 25 years the practice of States parties and
INS/17/5, para. 7). It has been a consistent the opinions of jurists have endorsed the
recommendation on the part of national and Committee’s interpretation of gender based
global unions that gender-based violence be given violence in recommendation No. 19. According
special attention in the proposed ILO standard, to recommendation No. 35, the prohibition of
since women are disproportionately affected gender based violence against women has evolved
by violence in the world of work (Pillinger 2017: into a principle of customary international law
xiii). Changing patterns of work, and particularly (paragraph 2).You can also read
