(fonte: Kenyan Human Rights Commission, Tailors and Textile
Union; caso diffuso in lista il 13 marzo 2003)
Una delegazione della Clean Clothes Campaign si e’ incontrata
il mese scorso in Kenya con il sindacato dei lavoratori tessili, la commissione
per i diritti umani e i rappresentanti dei lavoratori espulsi dalla zona franca
di Ruaranka per avere rivendicato il rispetto dei minimi salariali e della
liberta’ di associazione, denunciato gli straordinari forzati, le quote di
produzione irraggiungibili e le molestie sessuali. La richiesta che ci viene
rivolta e’ di mantenere la pressione sulle imprese committenti (aziende e catene
di distribuzione nordamericane) e su quattro loro fornitori locali (Indigo,
Sahara, Kentex, Baraka e Jar) che hanno messo fuori i lavoratori piu’ scomodi e
rifiutato di trattare con il sindacato. L’autorita’ della zona franca e il
ministero del lavoro hanno preso le parti dei proprietari delle fabbriche e
questo rende la situazione piu’ difficile.
Attenzione: alcune delle lettere che seguono sono da
inviare per fax o per posta.
COPIATE E INVIATE LA SEGUENTE LETTERA ALLE 4 FABBRICHE
DELLA ZONA FRANCA E ALLA FEDERAZIONE DEGLI IMPRENDITORI DEL KENYA (sintesi: vi
chiediamo di riconoscere il sindacato dei lavoratori e dare avvio alla
contrattazione collettiva. Vi chiediamo di astenervi dai licenziamenti di massa,
dall’assunzione di lavoratori precari, dall’imposizione di quote di produzioni
irrealistiche e dalle molestie sessuali. Vi chiediamo di garantire la salute e
la sicurezza dei lavoratori, e di pagare salari adeguati)
Federation of Kenyan Employers
Chief Executive
P.
O. Box 48311,
Nairobi, Kenya
fke at arcc.or.ke
Fax: 00254 - 2 -
721990
Sahara Stitch EPZ
P.O Box 43832
Nairobi, Kenya
Fax: 00254 2 337773
Indigo Garments
(EPZ) Limited
P.O. Box 64969
Ruaraka, Nairobi. Kenya
Fax: 00254-2-861915
E-mail gautam at indigo-kenya.com
Baraka - Export Processing Zone
P.O. Box
9959-00100
Nairobi, Kenya
Kentex Apparels
Export Processing
Zones LTD
P.O. 64020
Nairobi, Kenya
Fax: 00254-2- 861971
E-mail: kentex at swiftkenya.com
JAR Kenya Ltd.
Michel Mouyard
P.O.
Box 78788-00507
Nairobi, Kenya
Fax: 00254-2-532090
E-mail: michel at jarkenya.com
Re : Garment workers being fired at your
factory
Dear Sirs,
We are
writing to you regarding the massive dismissals occurring at garment factories,
including yours, at the Ruaranka Export processing zone.
We ask you
to recognize the union in your factory, the Tailors and Textile Workers Union,
and engage in collective bargaining with the workers’ representatives. Freedom
of association and the right to collective bargaining are fundamental rights
that should not be denied to Kenyan garment workers. We ask you to refrain from
mass dismissal, from employing workers on casual contracts, from demanding
impossible targets to be fulfilled in a normal working day. We ask you to
implement health and safety measures at your factory, to pay the workers a
living wage and put a stop to sexual harassment.
These
rights are not only internationally-recognized rights, but are also called for
under most of the codes of conduct of the buyers of the companies for whom you
are producing. We are contacting sourcing companies to voice our disapproval
with working conditions at your facility and the firing of the striking
workers.
With best
regards,
(nome, cognome, indirizzo,
eventuale organizzazione di appartenenza)
COPIATE E INVIATE LA SEGUENTE LETTERA ALLE IMPRESE
COMMITTENTI (sintesi: vi chiediamo di garantire che presso i vostri fornitori
siano rispettate le liberta’ sindacali e che il loro esercizio non sia motivo di
licenziamento. Vi chiediamo di illustrarci le misure che state adottando per
monitorarne il rispetto)
WAL-MART
H. Lee Scott Jr.
President and
CEO
Wal-Mart
Bentonville, AR 72716
United States
Fax:
001-479-273-1917
TARGET Corporation
Robert J.
Ulrich
Chairman and CEO
1000
Nicollet Mall
Minneapolis, MN 55403
United States
Fax:
001-612-696-3731
SEARS,
Roebuck, and Co.
Alan J. Lacy
Chairman and CEO
3333 Beverly Rd.
Hoffman Estates, IL
60179
United States
Fax: 001-847-286-7829
MATCHPOINT, Inc.
1013
S. San Julian St. #B
Los Angeles, CA 90015
Fax:
001-213-745-5095
JOE BOXER
Windsong Allegiance Apparel Group,
LLC
Joseph Swedler, Chairman
1599 Post Road East
Westport, CT
06880-5602
United States
Fax: 001-203-319-3610
e-mail: info at windsongallegiance.com
Re:
Garment workers being fired at your suppliers’ factories in
Kenya
Dear Sirs,
We are
writing to you regarding the massive dismissals occurring at your suppliers’
factories at the Ruaranka Export processing zone in Kenya where workers went on
strike to ask for the factories’ management to recognize their trade union,
engage in collective bargaining, stop sexual harassment, and make production
targets more reasonable.
We call
upon you to ensure that the right to organize is exercised in the factories
where you source and that factory management does not dismiss the workers either
when they try to organize or try to put their grievances to the employers, or
for any other arbitrary reason. We ask you to inform us of the steps you are
taking to monitor the workplaces in the Kenyan EPZs that you contract with to
ensure that workers’ rights are respected. Companies have a role to play in this
respect and we want to be assured that you will not stop sourcing in these
factories but use your influence to ask for improvements at the
workplace.
We hope to
be soon hearing from you.
With best
regards,
(nome, cognome, indirizzo, eventuale organizzazione di
appartenenza)
COPIATE E INVIATE LA SEGUENTE LETTERA AL MINISTERO DEL LAVORO
INDUSTRIA E COMMERCIO DEL KENYA
Mrs. Deborah Ongewe
Permanent Secretary
Social
Security House, Bishop Road
P.O. Box 40326, Nairobi
Kenya
Alex Keter
Permanent
Secretary
Teleposta Towers, Kenyatta Avenue
P.O. Box 30027,
Nairobi
Kenya
Re: Garment workers being fired at the Ruaranka
EPZ
Dear Sirs,
We are
writing to you regarding the mass dismissals occurring at the Ruaranka export
processing zone in Kenya. We call upon you to put an immediate stop to the
arbitrary dismissals. We think that the Ministry of Labour as well as the
Ministry of Trade and Industry should not condone nor encourage such behaviour
by investors in their country. They should make sure instead that the unions can
freely organize in all factories. We ask you to intervene immediately in those
factories where the union is prevented from organizing, where workers are being
dismissed for trying to organize, or where the freedom to organize is being
impeded in any other way. We ask you to take steps to ensure that the workers
that were dismissed get the dues that they are entitled to for wrongful
dismissal. These workers have been wrongfully dismissed and the employers should
pay them accordingly.
With best
regards,
(nome, cognome, indirizzo,
eventuale organizzazione di appartenenza)
INVIATE COPIA DELLE LETTERE E LE RISPOSTE CHE RICEVERETE
A:
William Akech Muga
General Secretary
Tailors and
Textile Union
Head Office
Consulate House Chambers
First
Floor
Rescourse Rpad
P.S. Box 72076
Nairobi, Kenya
Kenya Human
Rights Commission
Gitanga Road
Valley Arcade
Nairobi
Kenya
P.O
Box 41079
Tel: (254-722) 264-497; 254-2-576063/4/5/6
Fax:
254-2-574997
E-mail: souma at khrc.or.ke
Per essere esclusi dalla lista o ricevere informazioni sulla
Clean Clothes Campaign, inviate un messaggio a: ersilia.monti at mclink.it
Ersilia Monti (Coord. Lombardo Nord/Sud del mondo – Rete
Lilliput nodo di Milano – P.le Governo Provvisorio 6 – 2012 Milano – tel.
02-216140345)
------------------------------------------------------------------------------------------------------------------------
Messaggio
originale-----
Da: clean clothes campaign [mailto:ccc at xs4all.nl]
Inviato:
martedì 29 aprile 2003 17.33
A: cleanclothes at xs4all.nl
Oggetto: update and request for
action on Kenya EPZ layoffs
The Tailors and Textiles Workers Union, the
Kenyan Human Rights Commission (KHRC), and representatives from workers at
garment factories located in Kenya's EPZs are asking for a follow up to the
appeal for action that was sent out on March 4th concerning massive dismissals
at garment factories located there. As you will remember, thousands of workers
in the zones were fired after voicing their grievances in relation to a number
of major rights violations. Action is specifically requested in relation to five
specific factories: Indigo, Sahara, Kentex, Baraka, and JAR. In none of
these
factories has the union been recognized. To support their efforts to win
recognition of the union, please send letters to the Kenyan government, factory
management, and the companies that are sourcing at these facilities. Please see
the action request at the end of this appeal. A
representative of the CCC
visited Kenya this month and met with union representatives, the KHRC and
dismissed workers. The situation is urgent. They appreciate the solidarity
actions that members of the CCC network have taken, and believe that continued
pressure on the factories owners and
their clients can make a difference.
Please take action today to support freedom of association in
Kenya.
BACKGROUND
(source: CCC visit to Kenya, April
2003)
Thousands of garment workers, employed in Kenya's Export
Processing Zones up until the end of January 2003, remain jobless. In the
Ruaranka EPZ many former employees of four companies -- Indigo, Kentex, Sahara,
and Baraka -- continue to stand outside the EPZ, in the hopes that they will be
rehired. Since they have been dismissed from their jobs they have been unable
to
find other employment.
January 16th, 2003 -- workers from 16 of the
garment factories operating in the Kenyan EPZs go out on a one-day strike. At
that time, the workers had presented a list of 17 grievances to the department
of labor. These grievances included underpayment (below the minimum wage),
trade union repression, excessive working hours, sexual harassment, and
unrealistic production targets that lead to unpaid overtime. In the wake of the
strike, a stakeholders committee of representatives of employers, employees, and
the labor department is formed to discuss these grievances.
January 31st
-- The stakeholders committee of representatives concluded two weeks of
discussions. Participants in these discussions tell the CCC that the talks were
stalled by the employers representatives. The workers that were following the
progress of these talks through there representatives felt not very confident
that the process would have positive results. They
felt that their grievances
were not taking seriously and in some factories the workers went on a "go-slow"
to signal to the employers that they indeed should be taking the workers
grievances seriously. None of the issues were resolved.
This is what
happened:
A press release from the assistant minister at the department
of Labor, dated January 31st, reported that the workers felt that the
employers did not want to "discuss the main issues which initially precipitated
the industrial unrest. These are; hours of work, production targets, and
wage
increments." The employers, according to this press release were
"ready to negotiate the issues of salaries alongside other terms and conditions
of employment only through the established machinery as provided for in law.
They have also agreed to recognize the Tailors and Textiles Workers Union in
accordance with the stipulations of the Trade Dispute Act, Cap. 234."
The
press release concluded that the union should have free access to recruit
workers, and this should finish in not more than 30 days, after which time the
parties should engage in formal recognition in order to pave the way for
collective bargaining and negotiations for better terms and
conditions of
employment. The assistant minister further ordered the workers to refrain from
industrial actions and the employers not to victimize the workers.
This
was reported back to the workers the next day by the representatives and
immediately the recruitment process started for workers to join the trade
unions. Workers were working in the factory on this Saturday. In some of
the factories the workers left work at the end of their shift, at
12 o'clock
noon, refusing to work overtime, to signal to the employers again to take things
seriously. The employers however met that same day to discuss their
strategy. In the words of one of the employers; "these people are not working,
the government should use the law so we can start anew." The managers said they
were losing money due to the situation. Consequently they phoned the
commissioner of labor and told him the workers were not keeping to the "
agreement" as stated in the Jan. 31st press release of the Assistant Minister of
Labor, said the workers were on strike, and asked the Minister to declare these
"strikes" illegal. One day after the so-called agreement, at the moment that
workers were starting to register themselves for the trade union, without
checking any of the allegations made by the managers, the Minster declared the
non-existing strikes illegal and gave, according to the managers, them the right
to dismiss all the workers. "The law was on our side" another manager said,
"workers have to face it."
February 3rd -- workers returning to their jobs
at four of the factories located in the Ruaranka EPZ Indigo, Kentex,
Sahara, and Baraka factories to find that they had been locked out. No
explanation was given – there was only a notice that the factory was closed and
they were all dismissed.
None of the workers had expected this to happen at
this time. On the contrary, they tell the CCC, they were expecting to resume
work at their factories where they understood that the deplorable working
conditions were to be improved.
A few days later notices were put up to
tell workers to report back to collect their final compensation and that the
company was hiring again, both old and new workers. However, when workers wanted
to collect their final compensation, it became clear that the company was not
paying them the money that they felt was due to them, for being dismissed. If
they would re-apply for their jobs they would forsake their final compensation
and many workers refused to re-apply before this was settled. The right to
payment for the leave days and severance pay is disputed by the employers and
part of the workers have filed a claim with the industrial court.
Also
the known organizers were barred from re-applying for their jobs.
The
companies hired new workers and those that refused to settle are now without
jobs. The companies got rid of the trade unionists and signalled very
clearly to all workers that any demand on their part would not be honored and
that indeed any protest would be dealt with effectively. Not
all companies
reacted accordingly. Some of the employers in the EPZ have recognized the union
in their factories and are engaging in collective bargaining negotiations (at
the moment in one of the EPZs, called Athi River). The rest of the employers
should follow this example.
JAR is the fifth factory that we have been
asking you to write to. At the time of the CCC's March appeal JAR had not
dismissed all of its workers, but was preventing workers from exercising their
right to organize. However, since that time JAR has also dismissed all of its
workers. After
the union recognition form was sent to the factory, the
factory announced that it wanted to acknowledge the union but instead dismissed
all of its workers.
Since then the situation is grim in the EPZ in
Ruaranka. After the four initial companies dismissed all their workers, several
other companies have used this strategy to either get rid of union organizing or
make very clear to their workforce that no complaints will be allowed. They
rehire a large part of the workforce, so that they do not lose all their
experienced workers, only the "trouble makers" and the union in the process.
They tell the minister of labor they have a strike and ask the minister to
declare this illegal. The Minister of Labour and the Minister of Trade and
Industry
have supported the employers in this, in order to create a
favourable environment for investors. A situation has occurred in which the
employers dictate to the government the terms of employment or non-employment.
The law is very weak in that it is basically giving the employers the right
to
dismiss any worker. All the employers claim there is a legal basis for the
mass dismissals and any other arbitrary dismissals. The Export Processing
Zone Authority also seems to be siding with the investors in this. Although
their role should be "facilitating" (their own words), they have been
very
clearly a party in this, speaking at some points during the last months
on behalf of the EPZ investors. They do not perceive the labor conditions in the
EPZ factories to be problematic but rather think that "the more investors we
attract the better, the labour conditions will
improve
eventually."
ACTION REQUEST
Please send letters to the
following:
1. The Ministry of Labour and the Ministry of Industry and
Trade
Please ask them to put an immediate stop to the arbitrary dismissals.
The Ministry of Labour as well as the Ministry of Trade and Industry should not
condone nor encourage such behavior by investors in their country. They should
make sure that the unions can freely organize in all factories. They
should
intervene immediately in those factories where the union is prevented from
organizing, where workers are being dismissed for trying to organize, or where
the freedom to organize is being impeded in any other way. Ask both ministries
to take steps to ensure that the workers that were
dismissed get the dues
that they are entitled to for wrongful dismissal. Point out that these workers
have been wrongfully dismissed and the employers should pay the workers
accordingly.
Contacts
Mrs. Deborah Ongewe
Permanent
Secretary
Social Security House, Bishop Road
P.O. Box 40326,
Nairobi
Kenya
Tel. 729800
Alex Keter
Permanent
Secretary
Teleposta Towers, Kenyatta Avenue
P.O. Box 30027,
Nairobi
Kenya
Tel. 331030, 315002-7
2. The Employers Federation
and the Factories
Please send a letter to the Federation of Kenyan
Employers (FKE). All the factories involved -- Indigo, Sahara, Kentex, JAR and
most of the other factories are members of this federation. Sent a letter to
each factory as well.
In your letters please ask the companies to
recognize the union in the factory, the Tailors and Textile Workers Union, and
that they engage in collective bargaining. Ask the companies to refrain
from mass dismissals.
Also ask the companies to:
· Not employ workers on
casual contracts
· Not demand impossible targets to be fulfilled in a normal
working day, which means the workers have to do unpaid overtime until they have
reached the targets
· To implement health and safety measures such as not
locking the emergency exits at night, having appropriate protection such as
masks, gloves etc.,
· To pay the workers a living wage
· To put a stop to
sexual harassment
Please tell the companies that these rights are not only
internationally-recognized rights, but are also called for under most of the
codes of conduct of the buyers of the companies they are producing
for.
Federation of Kenyan Employers
Chief Executive
P. O. Box
48311,
Nairobi, Kenya
fke at arcc.or.ke
254 - 2 -
721929/720242/728903
Fax: 254 - 2 - 721990
Sahara Stitch EPZ
P.O
Box 43832
Nairobi, Kenya
Tel: + 254 2 213302/221095
Fax: + 254 2
337773
Indigo Garments (EPZ) Limited
P.O. Box 64969
Ruaraka,
Nairobi. Kenya
Tel: +254-862412/43
Fax: +254-2-861915
E-mail gautam at indigo-kenya.com
Additional background on
Indigo:
The union sent recognition forms to the company in 2002 proving that
the union has more than 51% of the members in the factory. The company
refused to recognize the union as according to them the union had falsified
names. A complaint regarding union recognition was filed with the Department of
Labour at the time which resulted in a positive verdict on Feb. 11, 2003. The
union has again sought the membership of all the workers after the mass
dismissal at the beginning of February and sent a recognition form to the
management in mid-March. Management still refuses to acknowledge the
union.
The CCC received a response from Indigo on March 18th saying that the
strikes were illegal and any action their management has taken was in
consultation with the Ministry of Labour, Ministry of Industry and Trade, the Export Processing Zones Authority
and the Kenya Association of
Manufacturers. They said they have no problem
with workers joining trade unions. While this is what they say, Indigo
management continues to stall by ignoring the union recognition
forms.
Baraka Export Processing Zone
P.O. Box 9959-00100
Nairobi,
Kenya
Tel: + 254-2-652081/89
Kentex Apparels
Export Processing
Zones LTD
P.O. 64020
Nairobi, Kenya
Tel: +254-2- 802961
Fax: +254-2-
861971
E-mail: kentex at swiftkenya.com
JAR Kenya Ltd.
Michel
Mouyard
P.O. Box 78788-00507
Nairobi, Kenya
Tel.
254-2-532040/50
Fax: 254-2-532090
E-mail: michel at jarkenya.com
Additional background on JAR:
After
the strike not many of the workers returned to re-apply after the announcement
went out. The company is notorious for its aversion to unions and union
organizing. In 2001 the company dismissed two workers that were organizing other
workers, after locking them up for hours. Their cases have still not been
heard in the court.
3. The sourcing companies
The following
companies are producing their garments at the Kenyan factories in
question:
Indigo: Dayton Hudson, Target;
Sahara: Matchpoint,
Ashton;
Kentex: Wal-Mart
Baraka: Wal-Mart, Sears, Target
JAR: Jordache,
Joe Boxer, Wal-Mart
Please ask these companies to ensure that the
right to organize is exercised in the factories were they source and to make
sure that factory management does not dismiss the workers either when they try
to organize or try to put their grievances to the employers, or for any other
arbitrary
reason. Ask them how they check implementation of their codes of
conduct. Most workers report that the workers are interviewed in the presence of
the management. Ask them not to interview the workers in the presence of the
management as most of the workers will not feel confident enough to relate the
real situation, especially as there is no protection against dismissals. Also
most buyers announce their visits so the factories make sure that the factory,
toilets etc are clean etc. The management should You might want to ask
also to makes sure that. Make very clear that they should not stop sourcing in
these factories but ask for improvements!
CONTACT INFORMATION FOR
SOURCING COMPANIES:
1.TARGET
Following the first appeal, Target
responded (March 28th) to at least one letter writer, however their response
does not give any information about the dispute in Kenya and only states that
they have an internal monitoring system that includes educating their suppliers
on how to improve workplace
conditions and that they will give them an
opportunity to take corrective action before deciding to terminate their
contract. Write to Target and ask them what they are doing to investigate the
situation at their Kenyan suppliers and what steps they are taking to make a
positive intervention
that will result in a just resolution of this dispute.
Request copies of their audit reports and corrective action plans. Remind them
that cutting and running when confronted with rights violations is not
responsible corporate behavior. Tell them that you expect them to support
workers who stand up for their rights.
Robert J. Ulrich
Chairman and
CEO
Target Corporation
1000 Nicollet Mall
Minneapolis, MN
55403
United States
Tel. +1-612-304-6073
Fax: +1-612-696-3731
2.
WAL-MART
H. Lee Scott Jr.
President and CEO
Wal-Mart
702 SW Eighth
St.
Bentonville, AR 72716
United States
Tel. +1-479-273-4000
Fax:
+1-479-273-1917
3. Matchpoint, Inc.
1013 S. San Julian St. #B
Los
Angeles, CA 90015
Tel. +1-213-745-5875
Fax: +1-213-745-5095
4. Joe
Boxer
This is a brand owned by:
Windsong Allegiance Apparel Group,
LLC
Joseph Swedler, Chairman
1599 Post Road East
Westport, CT
06880-5602
United States
Fax: 1-203-319-3610
e-mail: info at windsongallegiance.com
and sold exclusively
by:
Kmart Corporation
James Adamson, Chairman
3100 W. Big Beaver
Rd.
Troy, MI 48084
United States
Fax: 1-248-463-5636
5. Jordache
Enterprises
Joe Nakash, Chairman and CEO
1400 Broadway, 15th Fl.
New
York, NY 10018
United States
Fax: 1-212-239-0063
Jordache brand goods
are sold mostly at Wal-Mart
6. SEARS
Sears wrote (March 14) a
short reaction to the first appeal stating that they are "monitoring the
situation closely. Since the factory recently reopened no new orders have been
placed for Sears Merchandise. Be assured that before any future orders for Sears
Merchandise are placed with the
factory, Sears will verify that the factory's
operation are in accordance with Kenyan Law and Sears' own vendor
Standards."
According to industry sources in Kenya Sears has completely
pulled out of Kenya. Please tell Sears that cutting and running is no way to
deal with a labor rights dispute. If they are really a company that seeks to
operate in a socially-responsible manner, they have a responsibility to support
the
workers that produce their goods when they seek to exercise their rights.
Cutting their ties to factories once labor rights violations are uncovered does
nothing but punish workers. Sears should work with their suppliers to improve
working conditions.
Alan J. Lacy
Chairman and CEO
Sears, Roebuck,
and Co.
3333 Beverly Rd.
Hoffman Estates, IL 60179
United
States
Tel. +1-847-286-2500
Fax: +1-847-286-7829
Please send copies
of your protest letters and any responses that you receive to:
William
Akech Muga
General Secretary
Tailors and Textile Union
Head
Office
Consulate House Chambers
First Floor
Rescourse Rpad
P.S. Box
72076
Nairobi, Kenya
And
Kenya Human Rights
Commission
Gitanga Road
Valley Arcade
Nairobi
Kenya
P.O Box
41079
Tel: (254-722) 264-497; 254-2-576063/4/5/6
Fax:
254-2-574997
E-mail: souma at khrc.or.ke