The garment, textile and footwear industry, sometimes also referred to as the fashion industry, represented a 2.1 trillion-euro market with an annual growth rate of 3-5% in 2017 (Clean Clothes Campaign). Despite a sharp drop in 2020 due to the Covid-19 pandemic, it was already on track to regain 96 to 101 percent of its size by 2021 with a predicted growth of 3 to 8 percent from 2019 numbers by 2022 (McKinsey) This sector refers to the design, cutting and sewing of garment or footwear from fabric, establishing a process whereby raw material is transformed to wearable garments. This includes processes of dyeing, and the production of fabrics such as cotton, silk, polyester, linen, leather, wool, acrylic or nylon (TextileValueChain). As highlighted by the Clean Clothes Campaign, the garment industry is highly decentralised and heavily relies on outsourcing, “involving manufacturing facilities across the world, but 60% of the global production still comes from Asia”. In 2021, China, Bangladesh and Vietnam topped market exports for the sector (Trade Map).
The garment industry operates on a model of buyer-driven apparel value chain, which contains three types of lead firms: retailers, marketers and branded manufacturers. With the globalisation of apparel production, competition between the leading firms in the industry has intensified as each company has developed extensive global sourcing capabilities (UNIDO). This model has placed in precarity the global sourcing of apparel and resulted in the use of pricing strategies that harm the viability of suppliers’ businesses, which was further exposed and exacerbated by the COVID-19 pandemic (Clean Clothes Campaign). “As a consequence, the suppliers cut corners on wages, safety, and other compliance-related costs; and they convey the price pressure to lower tiers in the value chain” (Clean Clothes Campaign).
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The garment, textile and footwear industry received increased scrutiny following the Rana Plaza tragedy in 2013, in which 1,132 garment workers died due to a building collapse (International Labour Organization). The building housed five apparel factories and concerns regarding the safety of the working environment had been raised in relation to these businesses. One other example is the 2012 fire at Ali Enterprises in Karachi, Pakistan, which killed at least 255 workers and injured more than 100. These examples are some of the more notorious human rights violations prevalent in the garment, textile and footwear sector, however, a number of other human rights issues have been investigated and detailed by civil society organisations, multilateral organisations, states and the international human rights system. One such example is the recommendation given by the Committee on the Elimination of Discrimination against Women (CEDAW) in the context of Bangladesh “(c) Regulate and monitor the working conditions of women employed in the garment sector, in order to protect them from unsafe labour conditions, through regular inspections and increased fines for abusive employers”. In the following sections, a variety of human rights and environmental issues will be discussed as they pertain to the garment industry:
- Gender
- Forced labour
- Labour conditions
- Fast fashion (structural issues)
- Pollution/climate impact
- Business initiatives focus
- Remedy
References
Clean Clothes Campaign, Fashion's Next Trend (2019) ICAR, Follow the Thread: The Need for Supply Chain Transparency in the Garment and Footwear Industry (April 2017) GIRH, Bringing Human Rights into Fashion (2018) HRW, Labor Rights in the Garment Industry DIHR, Human Rights Due Diligence among Small and Medium-sized Companies in the Danish Fashion and Textile Industry (December 2021) Labour Behind the Label, Boohoo & Covid-19 (June 2020) Quantis, Measuring Fashion (March 2018) Earth.org, Fast Fashion and its Environmental Impact (June 2022) UNEP, Putting the Brakes on Fast Fashion (November 2018) World Resources Institute, By the Numbers: The Economic, Social and Environmental Impacts of "Fast Fashion" (January 2019) UC Berkley, An Investor Guide to Addressing Forced Labor in the Apparel Industry (July 2020) The Business of a Better World, Child Labor in Myanmar's Garment Sector (May 2016) Clean Clothes Campaing, Fashioning Justice: A call for mandatory and comprehensive human rights due diligence in the garment industry (January 2021)
What National Action Plans say on Garment, Textile and Footwear Sector
Belgium (2017 - open)
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Encourages international framework agreements
Federal Government Action:
The Belgian NCP had issued recommendations for all companies active in the textile sector. – page 30
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Strengthen and monitor respect for human rights in public procurement
Federal Government Action:
The Sustainable Public Procurement working group of the Interdepartmental Commission for Sustainable Development will examine how to strengthen and optimize the integration of respect for human rights in the procurement policy of the Public Authority. To this end, in consultation with the Public Procurement Committee and the main stakeholders concerned, including the sector-specific business federations, the working group will formulate a series of proposals with a particular focus on risk sectors such as clothing, the extractive industry, etc. – Page 39
Pilot projects are being set up in which the policy areas “Employment and Social Economy” and “Chancellery and Public Governance”, in cooperation with the purchasers of the various contracting authorities, will check the credibility of the supporting documents (concerning respect for human rights, etc.) and compliance with the basic ILO conventions. This is necessary in order to verify that the human rights criteria included in the special specifications are actually respected. In this respect, the Flemish Authority will focus primarily on the purchase of textile products. – page 41
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Encouraging responsible supply chain management with a sector-specific approach
Context:
Following several accidents and tragedies in Bangladeshi garment factories, notably the one that occurred in April 2013 in the Rana Plaza building housing a complex of garment factories in Bangladesh, the NCP initiated a series of consultations and interviews with different stakeholders in the Belgian garment sector. As a result, it was decided at the OECD level to produce a due diligence guide for the garment and footwear sector. – page 57
Chile (2017-2020)
The Chilean NAP does not make a direct reference to the Garment sector.
Colombia (2020-2022)
The Colombian NAP does not make a direct reference to the Garment sector.
Czechia (2017-2022)
The Czech NAP does not make a direct reference to the Garment sector.
Denmark (2014-open)
Preface:
The disaster in Bangladesh in April 2013 where a collapse of an eight-story building caused the death of more than 1.100 workers sewing clothes for western manufacturing companies was a dark reminder that huge challenges still remain. – page 6
2. The state duty to protect human rights
2.3 Actions taken
The Guiding Principles have proved to be an excellent instrument in rallying stakeholders for joint action. Using the Guiding Principles as the basis for a new Partnership for Responsible Garments Production in Bangladesh, the Danish government, business associations and enterprises have agreed on a number of detailed commitments to improve conditions within their sphere of influence. The partnership, which was agreed within the framework of the Danish Ethical Trading Initiative (DIEH), will be implemented in close co-ordination with international partners as well and stakeholders in Bangladesh. – page 11
Appendix 1: Overview of the implementation of the state duty to protect
GP3c: Whenever necessary, the government also initiates and drives multi-stakeholder partnerships based on the Guiding Principles. This year the government established the partnership for Responsible Garments Production in Bangladesh, gathering all the major Danish stakeholders with- in the industry and linking the partnership up with international public and private partners to achieve joint action. – page 27
Finland (2014-2016)
3. Expectations towards companies and support services
3.2 Clarification of due diligence
As the consultation events organized by the working group, it was suggested that a new statutory obligation on due diligence should be established for companies when implementing the UN principles on a national level.
As a follow-up measure, the working group proposes that:
Companies, NGOs and other key stakeholders are invited to a roundtable discussion by branch of activity. For example, the discussion could begin with the forest industry, the consumer goods trade and textile industry. With the discussions, an attempt shall be made to create a dialogue amongst various stakeholders and to establish the essential risks for each branch of activity. – page 26
France (2017-open)
THE INTERNATIONAL FRAMEWORK
3. THE ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT (OECD)
France finances actions supporting the implementation of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas. It is also very active in the working group developing a guide for the textile industry, following the recommendations of its NCP in this field. – page 14
15. ECONOMIC SECTORS AND HUMAN RIGHTS
Not only must the authorities promote and raise awareness of CSR standards, they must also require extra vigilance with respect to high-risk economic sectors, geographic areas and products.
PROPOSAL FOR ACTION NO.7
– Capitalize on the observations in the French NCP’s report on the textile and garment sector and begin promoting and adapting these recommendations so they can be enforced in all sectors. – page 32
The textile and garment sector
Following the collapse of the Rana Plaza textile factory in Bangladesh in April 2013, France’s Minister for Foreign Trade at that time asked the OECD National Contact Point (NCP) to clarify the scope of the OECD Guidelines with respect to outsourcing companies’ supply chains, and to issue recommendations reinforcing the application of these guidelines so such negligence could be prevented in the future.
The NCP report, produced following hearings with all parties involved, was submitted to the Minister and published online on 2 December 2013. It addresses all actors, and establishes a full range of measures which, once implemented, will enable businesses to oversee supply chains in this sector. The recommendations were shared widely, particularly with the OECD, ILO and EU, and were followed by similar reports published by the Italian and Belgian NCPs.
Following the publication of these recommendations, the OECD set up a working group to
develop a guide for the enforcement of the guidelines in the textile sector, at France’s
insistence. This working group brings together international organizations such as ILO, the private sector, civil society, NCPs and States. The guide will include reinforced due diligence measures to be implemented in this specific sector. The OECD has also planned to set up a platform for shared dialogue and good practices.
As for the EU, it has set up a multi-stakeholder platform for the textile sector.
The G7 included the issue of supply chains in the Leaders’ Declaration issued under the German Presidency following the Elmau Summit in June 2015. This was followed by a roadmap, which was adopted by the French Ministries of Social Affairs and Development in October 2015. While the scope of these initiatives extends beyond the textile sector, approved measures will initially apply to this industry. This is the case for the “Vision Zero Fund”, which will be created to reinforce workplace safety and reduce workplace accidents in producer countries. – page 33
ACTIONS UNDERWAY:
– France is continuing to raise awareness of the NCP report issued on 2 December 2013, and monitor the implementation of its recommendations in the French textile, garment and distribution sectors.
– France is helping to finalize the OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector. – page 33
Georgia (2018-2020)
The Georgian NAP does not make a direct reference to the Garment sector.
Germany (2016-2020)
2. CHALLENGES IN CORPORATE PRACTICE
2.1 Ensuring the protection of human rights in supply and value chains
- The Partnership for Sustainable Textiles, which was initiated by the Federal Ministry for Economic Cooperation and Development, has established an obligation to comply with sustainability standards and to guarantee corporate due diligence in the textile and clothing sector. All members of the Partnership are required to pursue its social and environmental objectives. They submit to a review process, which is conducted by an independent third party and is designed to bring about continuous improvement. Individual schedules of measures (road maps) are compiled annually by all members; the first of these is to be produced by the end
of January 2017. A robust sanctions regime and regular reporting on the implementation of the road maps will ensure credibility and transparency. The Textile Partnership creates a reference framework and an independent review system of international scope. – page 20 - By means of the Partnership for Sustainable Textiles, the Federal Government supports a multi-stakeholder initiative combining voluntary and compulsory elements. The Textile Partner- ship is designed to comply with the UN Guiding Principles. The aim is to have 75 % of the German textile and clothing market signed up to the Textile Partnership by 2018.
- Germany supports the application of sustainability standards in host countries, for example through the regional project entitled “Social and labour standards in the textile and garment sector in Asia”, which covers three coun- tries – Bangladesh, Cambodia and Pakistan. – page 20
Ireland (2017-2020)
The Irish NAP does not make a direct reference to the Garment sector.
Italy (2021-2026)
IV. Italian ongoing activities and future commitments
Responsible Conduct and Due Diligence in the framework of the United Nations, OECD and European Union
“Also within the framework of specialized agencies of international organizations such as UNCE/FACT the duty of care has been addressed in a structural manner by producing a Recommendation no. 46: “For the improvement of traceability and transparency of sustainable value chains in the apparel and footwear sector”. This Recommendation, aimed at supporting sustainable development through the promotion of business models marked by the adoption of the duty of care and to develop responsible consumption, was approved at the 27th Plenary Session of the United Nations Economic and Social Council in April 2021 and is now being implemented.
Italy has followed the above-mentioned process and will continue to provide its contribution to the international debate, taking into proper consideration not only potential risks depending upon lack of Due Diligence but also the factual impact of business conduct stemming from a scarce Due Diligence.” (p. 44)
Japan (2020-2025)
Chapter 2. Action Plan
Measures of the Government Promoting Corporate Responsibility to Respect Human Rights
1. Measures Related to Domestic and Global Supply Chains and Promotion of Human Rights Due Diligence Based on the UNGPs
( Existing framework/Measures taken)
With increased interest in responsible business conduct, the OECD Guidelines for Multinational Enterprises, which Japan adheres to, added a new chapter on business responsibility on respect for human rights in its 2011 edition. In addition, OECD has launched due diligence guidance specific to sectors such as minerals, agriculture, garments, and footwear. In 2018, the OECD Due Diligence Guidance for Responsible Business Conduct was published as a practical tool that businesses can use regardless of the sector. The Government has been engaged in promoting the above Guidelines and Guidance to businesses. – page 23
Kenya (2020-2025)
The Kenyan NAP does not make a direct reference to the Garment sector.
Lithuania (2015-open)
The Lithuanian NAP does not make a direct reference to the Garment sector.
Luxembourg (2020-2022)
Part I: NAP 2020 to 2022 Strategic Goal
A second, more operational National Action Plan
The economic sectors particularly exposed to the risk of human rights violations were identified, among others, on the basis of the national baseline assessment carried out by the expert from the University of Luxembourg. In particular, the study revealed a certain potential risk of negative impact of economic activities on human rights in the financial sector, the service sector, the information and communication technology sector (including the field of artificial intelligence and data protection), the hotel and restaurant sector, the textile sector, the agro-business sector, the extractive sector, the logistics sector (including all aspects of land, air and sea transport) and the construction sector. – page 17
Mongolia (2023-2027)
The Mongolian NAP makes no reference to the Garment, Textile and Footwear Sector.
Netherlands (2022-2026)
Pillar I
Development cooperation
Sustainable trade with and investment in developing countries
“Further strengthening cooperation between ministries and between Dutch government and other stakeholders can help ensure that the establishment of national, European and international sustainability frameworks and standards and their impact on and support of developing countries mutually reinforce each other even more (learning capacity for coherence). This is particularly important in specific risk sectors and value chains such as cacao, textiles and palm oil which have a significant Dutch footprint. In addition to a separate, permanent interministerial dialogue to be established, the focus will be on lastingly improving learning capacity regarding these activities, so that risks are addressed and mitigated.” pp. 46 and 48.
Pilllar II
Improving the provision of information to businesses
“… the Sustainable Clothing and Textile Agreement has set up an independent joint complaints mechanism. … Internationally the government will participate in the benchmarking efforts of the World Benchmarking Alliance (WBA) on access to remedy by large enterprises in the agricultural, textile, mineral and ICT producing industries. These benchmarks are published annually by the WBA and indicate to what extent multinational enterprises offer remedy. Knowing and showing plays a role in stimulating businesses to get active in providing access to remedy.” pp 64 and 65.
Norway (2015-open)
2. The State duty to protect human rights
2.3 State ownership and practice for supporting the business sector
Responsible management
In 2014, the Council on Ethics reviewed a number of cases of human rights violations in connection with extraction of natural resources, agriculture, food production and textile manufacturing. – page 23
Pakistan (2021-2026)
4. State expectations of Business Enterprises
To facilitate and guide business enterprises in ensuring compliance with and supporting the effective implementation of the NAP priority areas and the UNGPs, the State of Pakistan expects business enterprises to:
- In addition to the UNGPs, be cognisant of and guided by international guidelines and principles such as the (…) OECD Due Diligence Guidelines for Responsible Supply Chains in the Garment and Footwear Sector, (…). – page 39
Peru (2021-2025)
The Peruvian NAP does not make a direct refence to the Garment sector.
Poland (2021-2024)
Poland’s second NAP makes no explicit reference to the Garment, Textile and Footwear Sector.
Slovenia (2018-open)
The Slovenian NAP does not make a direct reference to the Garment sector.
South Korea (2018-2022)
The South Korean NAP does not make a direct reference to the Garment sector.
Spain (2017-2020)
II. ANTECEDENTS AND CONTEXT
Among the actions contemplated in the Plan, it is possible to find the development and implementation of National Plans of Action for the implementation of the Guiding Principles. In addition, there has been much debate about the role of the company in the field of EU development cooperation.
Among other things, we should mention the Council Conclusions on sustainable clothing value chains, approved in May 2017. The purpose of these Conclusions is to recall the areas in which cooperation can work to improve working, social and environmental conditions in the textile sector, supporting the efforts of all the actors involved: Governments of producing countries, civil society organizations, and the private sector. it is necessary to mention the 2030 Agenda for Sustainable Development approved by Within the framework of the United Nations, Resolution 70/1 of the United Nations General Assembly (UNGA) on September 25, 2015. – page 7
Sweden (2017-open)
Regulations and legislations
- Several seminars have been organised on the issue of business and human rights. For example, in 2013 a national conference was held in the context of work on Sweden’s Policy for Global Development. Business and human rights was one of three main themes. In the same year, a conference on CSR was held in Stockholm. One of the focus areas was business and human rights. Dialogue meetings were also held in 2013 with businesses and civil society organizations on the subject of working and safety conditions in the Bangladeshi textile sector. – Page 23
Switzerland (2020-2023)
2.1 Pillar 1: State duty to protect
2.1.2 Operational principles: legislative and information policy measures
Measure 5 Multi-stakeholder initiatives on business and human rights
The federal government backs multi-stakeholder initiatives that focus on human rights issues in sectors such as textiles, cocoa and gold. As these initiatives cover other subjects such as corruption and the environment, they are dealt with in Measure 10 of the 2020–23 CSR Action Plan. – Page 11
2.2.2 Operational principles: human rights due diligence
Measure 29 Public-private partnerships to promote respect for human rights in the value chain
To promote the implementation of labour rights and human rights by business enterprises, the federal government, together with the ILO, supports the Better Work programme for the textile industry and the Sustaining Competitive and Responsible Enterprises (SCORE) programme to support SMEs in creating decent working conditions. These projects are jointly run by the ILO, governments, the private sector and unions, and are focused on compliance with fundamental labour standards, including measures to combat child and forced labour. The tools developed by these programmes are shared with the private sector.
The federal government supports a project to promote human rights due diligence with a view to preventing the exploitation of Syrian refugees and migrant workers in neighbouring countries (Turkey, Lebanon, Jordan). The aim is to strengthen the contribution that business enterprises make to providing decent work opportunities and combatting exploitation in the textile, agricultural and construction sectors in these countries. – Page 26
The OECD has also produced a series of guidelines for companies that contain practical recommendations on the adoption of due diligence along their value chains. In May 2018, it published guidance for companies of all sizes that are exposed to risks in their value chains, irrespective of the sector within which they operate. Other guidelines are aimed at specific sectors such as the agricultural, financial and textile sectors. – Page 27
Taiwan (2020-2024)
The Taiwanese NAP does not make a direct reference to the Garment sector.
Thailand (2019-2022)
The Thai NAP does not make a direct reference to the Garment sector.
Uganda (2021-2026)
The Ugandan NAP does not make a direct reference to the Garment sector.
United Kingdom (2016-open)
2. The State’s Duty to Protect Human Rights
Case Studies
RANA PLAZA
The collapse of Rana Plaza, in 2013, a building housing a number of commercial ventures including several garment factories, shocked the world and the implications still continue to reverberate over two years later. Over 1,100 people were killed and many more were injured. For the victims and their families the events that unfolded on that day have irrevocably affected their lives. Following the collapse, the British High Commission in Dhaka alongside DFID Bangladesh, have done a number of things to support the victims and try and ensure a disaster like this never happens again.
DFID Bangladesh, in partnership with Canada and the Netherlands, will provide a total of £7.4m to improve building safety and working conditions, empower workers and urge buyers to take responsibility for their supply chains
To date over 1000 structural, fire and electrical safety inspections have been carried out, nearly 200 new inspectors recruited and 299 survivors trained to enable them to find alternative jobs or start small businesses.
144 senior masters have been trained in health and safety, who will in turn train 7,600 supervisors that will themselves train over 300,000 workers.
DFID Bangladesh funding has also worked to try and ensure justice for garment workers, supporting a number of NGOs to file public interest litigation to protect workers’ rights, and increase awareness of worker rights. To support this, in 2015 the British High Commission began work with Global Rights Compliance and Action Aid Bangladesh to increase state, corporate, trade associations and trade union understanding and uptake of the UN Guiding Principles, increase accountability and reduce human rights violations in the garment, leather and tannery sectors. – Page 12
United States (2016 - open)
COLLABORATING WITH STAKEHOLDERS
Outcome 2.1: Enhance the Value of Multi-Stakeholder Initiatives on RBC
Ongoing Commitments
ILO-International Finance Corporation (IFC) Better Work Program: More than 60 American apparel brands are part of the Better Work program, implemented by the ILO in partnership with the IFC. DOL has funded Better Work programs in Bangladesh, Cambodia, Haiti, Jordan, Lesotho, Nicaragua, and Vietnam. The Better Work program is being implemented in 1,343 export apparel factories, supporting better labor conditions for approximately 1,750,000 workers worldwide. – Page 15
Vietnam (2023-2027)
The Vietnam NAP makes no reference to the Garment, textile and footwear sector.