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Support Thousands of Kenyan Sweatshop WorkersPosted July 12, 2003 Thousands of Kenyan sweatshop workers were fired in January 2003 after attempting to form a union! TAKE ACTION!Write the following decision makers, telling them you will not stand for this blatant abuse of human and workers' rights! 1) the Kenyan government officials; and 2) the US-based retailers. After workers attempted to form unions in order to protect themselves against exploitative work conditions, sweatshop owners in 16 factories in several Kenyan export processing zones retaliated by mass firings. These factories have rehired some workers but have refused to rehire the union organizers and those who had signed on to join the union. Thousands remain jobless and stand vigil outside the factory gates in hopes of being rehired. The Tailors and Textiles Workers Union, the Kenyan Human Rights Commission (KHRC), and representatives from workers at garment factories have asked CLR to lend our support, especially because the companies that source from these sweatshops are some of the largest in the US: Wal-mart, Target, Sears, K-mart, Jordache. US based retailers, many of them adverse to union activities in their own companies, have said they support the Kenyan workers' right to organize and will investigate the situation. But nothing has been done. Sears has simply cut ties with the factories, which does nothing but punish workers. Corporations that cut and run when confronted with labor rights violations by their suppliers are punishing workers! The just response is for these corporations to educate and advocate with their suppliers to ensure adherence to and respect for the international labor rights. The Kenyan Ministers of Industry and Trade and of Labor has also been aiding and abetting the factory owners, giving them a legitimate cover of law, as they engage in mass firings and union busting. This complicit relationship between corporations and governments is part of a pattern in free trade zones around the world. In pursuit of investors and a docile work force, workers rights are decimated and free trade zones have notoriously become free fire zones against workers. 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. Workers from 16 of the garment factories operating in the Kenyan EPZs went on a one-day strike on January 16, 2003. At that time, the workers had presented a list of 17 grievances to the department of labor, including underpayment (below the minimum wage), trade union repression, excessive working hours, sexual harassment, and unrealistic production targets that lead to unpaid overtime. After two weeks, the workers felt that their grievances were not being taken 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. The employers, according to a press release from the assistant minister at the Department of Labor dated January 31st, 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; that the parties should engage in formal recognition in order to pave the way for collective bargaining; and ordered the workers to refrain from industrial actions and the employers not to victimize the workers. Workers were working in the factory the following Saturday and 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 managers said they were losing money due to the 'strike' and 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. 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, according to the managers, gave them the right to dismiss all the workers. On February 3rd, workers returned 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. 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, it became clear that the company was not paying the workers the money that was due them for being dismissed. If they re-applied for their jobs they would forsake their final compensation and many workers refused to re-apply before this was settled. The employers dispute the right to payment for the leave days and severance pay, and a portion of the workers have filed a claim with the industrial court. The known organizers were also 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 signaled 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, however. Some of the employers in the EPZ have recognized the union in their factories and are engaging in collective bargaining negotiations. At the time of the CCC's March appeal, the JAR factory 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 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. The Minister of Labour and the Minister of Trade and Industry have supported the employers in this, in order to create a favorable environment for investors. A situation has occurred in which the employers dictate to the government the terms of employment or non-employment. The Export Processing Zone Authority also seems to be siding with the investors. 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. TAKE ACTION!Write the following decision makers, telling them you will not stand for this blatant abuse of human and workers' rights! 1) The Kenyan Government Officials: Mrs. Deborah Ongewe Alex Keter 2) The US-Based Retailers:a) TARGET b) WAL-MART c) KMART d) JORDACHE ENTERPRISES e) SEARS 3) Let CLR know about the action you took be emailing organize@clrlabor.org with Subject: Kenya EPZ, or call CLR to get our fax number: (202) 232 5002. SAMPLE LETTERDear [Decision Maker], I are writing you to express my deepest concern about the plight of thousands of Kenyan workers who worked in garment factories that supply Wal-Mart, Target, Sears, K-Mart, and Jordache Enterprises. These workers have been attempting to form unions and exercise their international labor rights. In January 2003, during a government-mediated period for workers to register themselves in the union, many Kenyan suppliers engaged in rounds of mass firings and closed down the factories for a short period. I understand that when they reopened, they refused to hire union organizers and those workers had signed up to join the unions. I understand further that when these matters were raised to the US Retailers, their response was that they support the Kenyan workers' right to organize and they would investigate the situation. But nothing has been done to remedy the problems. And Sears has simply cut ties with the factories, which does nothing but punish workers. I believe that when corporations cut and run when confronted with labor rights violations by their suppliers they simply punish workers and this is not socially- responsible. [if to writing to Government Officials: I appeal to you to put an immediate stop to the retaliatory dismissals. I ask that you ensure that the unions can freely organize in all factories.] [if writing to Corporations: The just response and one I ask you to undertake is to educate and advocate with your suppliers to ensure adherence to and respect for the international labor rights of the thousands of Kenyan workers in your supplier's factories.] Further, I am extremely concerned that the suppliers who operate in free trade zones grow emboldened to treat this as a free fire zone against workers. This is so because they know that the Kenyan government will support the derogation of international human and labor rights to create a docile and exploited workforce - supposedly as enticements for the investors. [if writing to Government Officials: I ask that you investigate this matter and ask your suppliers to recognize the right of their workers to form unions in the factories and to recognize the Tailors and Textile Workers Union. I ask you to tell your suppliers to enter into collective bargaining with the workers union. I further ask you to tell your supplier to refrain from unjust and intimidatory practices, including retaliatory firings against workers who exercise their rights. ] As a consumer of the products made in these factories, I will closely monitor the adherence to and respect for the rights of workers. I would appreciate receiving from you any information that bears on my concerns for the plight of the Kenyan workers in Indigo Garments Ltd, Sahara Stitch EPZ, Kentex Apparels, Baraka EPZ and JAR Kenya Ltd. Sincerely, [your name] |
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