24.01.2022: News from KW 3
Studies and Co.
Verbraucherzentrale Bundesverband e.V. & GEULEN & KLINGER Attorneys at Law "Legal opinions on the accreditation obligation of sustainable consumer labels in the textile sector" (PDF file) and Consumer Centre Bundesverband e.V. & Öko-Institut e.V. "Liability framework for sustainable certification in textile supply chains" (PDF file): The German Consumer Association (vzbv) has two legal opinions on the sustainability certification of transnational textile supply chains published. The legal opinions are highly interesting in the debate on national and EU supply chain laws, as the relationship between certification and supply chain laws has not yet been legally penetrated to this depth. The experts conclude that the introduction of an accreditation requirement for sustainability labels in the textile sector would be legally problematic at national level, but possible at EU level and also more effective. In addition, there are various legal options to ensure the responsibility of certification organisations and to increase the reliability of certifications. On the basis of the reports, the vzbv therefore: improve the liability framework of sustainability certification in supply chains; enshrine certification obligations at national or European level in order to incentivise certifiers to increase the quality and integrity of certifications; introduce a European accreditation obligation for sustainability labels in the textile sector with the relevant public authorities; that sustainability seals (certification of on-site production) cannot be considered as evidence of corporate due diligence obligations under the Supply Chain Due Diligence Act.
European Coalition for Corporate Justice (ECCJ) "EU model law on corporate accountability in global value chains" (PDF file): ECCJ Calls for long-standing EU legislation on mandatory human rights and environmental due diligence, including corporate liability, which requires companies to identify, prevent, mitigate and account for human rights violations and environmental damage in their global value chains. EU-wide binding legislation would allow the EU to fulfil its international obligations under the UNGPs and ensure a level playing field. Moreover, the current trend towards a race to the bottom in terms of social standards would be reversed. Foreign companies would also be required to take due diligence measures to operate in the internal market. The ECCJ has identified and detailed a number of minimum requirements, which should contain such legislation in order to ensure an effective and comprehensive EU legal framework. The draft puts pressure on the EU Commission to finally submit its own draft law.
HEJ!Support & www.sustaininfo.de "Voices on Textiles #2": For this issue, the following people from the industry were interviewed: Brigitte Zietlow, Senior Expert for the Textile and Leather Industry in Federal Environment Agency (UBA), Johannes Norpoth, Coordinator of the Civil Society Group in the Alliance for Sustainable Textiles, Jürgen Janssen, Head of the Office for the Partnership for Sustainable Textiles. Several articles go directly to sas Textilbündnis. In addition, articles of Maria Delfina Cuglieva meadow, SAICM Secretariat at UNEP and Eugeniy Lobanov, Director of Ecoidea, Belarus included.
Corporate due diligence & reporting obligations: KNOWTHECHAIN and Business and Human Rights Resource Center "Closing the gap - Evidence for Effective Human Rights Due Diligence from Five Years Measuring Company Efforts to Address Forced Labour" (PDF file): This briefing uses company reports to examine which aspects of due diligence companies are implementing, in particular what measures they are taking to avoid forced labour in their supply chains. A table shows 180 companies (e.g. Adidas, H&M, Hugo Boss, Primark, and Puma) listed and their commitment listed, in particular, in relation to recruitment fees. Overall, companies report too selectively and too little. In addition, there are too few mandatory indicators. Alliance for Corporate Transparency "Summary report: How are national authorities enforcing the disclosure obligations introduced by the EU Non-Financial Reporting Directive?": Frank Bold (an independent, purpose-oriented law firm) selected some of the worst cases of non-compliance with the EU Reporting Directive and formally called on national enforcement authorities to examine these cases and take appropriate action in accordance with them. The resulting summary report shows a general lack of transparency in the procedures, a lack of clarity as to which authorities are responsible for sanctioning deficiencies and the general conclusion that national authorities are not in a position to assess the quality of the information disclosed or even to take action. The Alliance for Corporate Transparency calls, therefore, for the current proposal to reform the EU Directive on Non-Financial Reporting Directive these issues need to be addressed by the European Parliament and the Council. This finding is also interesting in relation to the Supply Chain Act, as the question arises as to whether the authorities will have adequate capacity to deal with reported risks. ASOS publishes first report on own economic and social influence. The company has seven areas of Oxford economics Have it examined: its direct and wider impact on the UK economy, its local and global impact, its contribution to the UK's skills and knowledge base, the Asos marketplace as a growth driver for small and medium-sized businesses, employees and its progress in corporate responsibility. Critically, however, in this new way of reporting, the public perception could be deceived by the omission of the representation of precarious working conditions in the producing countries and negative ecological aspects.
News
Supply Chain Act: A New York coalition last week proposed a fashion act to hold all major brands accountable for their environmental and social impact. The Assembly Bill A8352 requires fashion retailers and manufacturers to disclose the implementation of environmental and human rights due diligence and provides for the establishment of a non-profit fund to implement one or more non-profit projects that directly and demonstrably benefit environmentally sound communities. In one Article of Vogue It breaks down the advantages and disadvantages and explains what this means for the industry. The Fashion Sustainability and Social Accountability Act would require all fashion companies that sell their products in New York and generate more than US$100 million in sales to map at least 50% of their supply chains and disclose impacts such as greenhouse gas emissions, water use and chemical use. The bill does not specify which 50%, but calls on brands to focus on the areas with the greatest social and environmental risks. Brands would also be required to reduce their impact, including by setting and meeting science-based reduction targets for their greenhouse gas emissions. For example, the brands would also have to disclose the average wages for the employees and the measures taken to anchor responsible behaviour in politics and management systems. This would make reporting more strictly regulated than under the German Supply Chain Act. Fines imposed on trademark companies for non-compliance with the law would flow into a community fund that would be used for projects to promote environmental justice in New York.
Responsible Procurement Platform: Google has the Global Fibre Impact Explorer (GFIE) created to provide companies with the data they need to make responsible procurement decisions. The program was developed in collaboration with the WWF and a number of fashion companies and organizations. The main objective of the platform is to help brands identify high-risk fibers in their operations and help them understand the potential impacts and risks of certain procurement decisions. The program, which is based on the Google Earth Engine and uses Google Cloud technology, assesses the environmental risk of different fibers in different regions and displays information on air pollution, biodiversity, climate and greenhouse gases, forestry and water use. The risk assessment is available for over 20 different fiber types, including natural and synthetic materials. Google Work with the brands Stella McCartney, Adidas, Allbirds, H&M Group and VF Corporation together to understand the needs of the industry and test the platform. As the initial development phase has now been completed, the platform will be sent to the organization. Textile exchange be handed over.
EU competition law: In one Joint letter to the Vice-President of the European Commission (PDF file) request the AIM European Brands Association, Fair wear and this Fair trade advocacy office Competition rules that serve social sustainability. It states: "While companies can and do achieve some meaningful SDGs on their own, deeper structural issues require partnerships and collective action involving a wide range of stakeholders. For many companies, this can mean joining forces with authorities, non-governmental organisations, researchers, healthcare professionals, farmers, suppliers, retailers and/or other companies, including competitors. The European Commission It should therefore be clarified whether and how the EU competition rules allow multi-stakeholder initiatives on living wages or living incomes.
Countries of production
Bangladesh: The Bangladesh Garment Manufacturers and Exporters Association (BGMEA) and the Bangladesh Knitwear Manufacturers and Exporters Association (BKMEA) have joined forces to create a Set a minimum price for their products so that they receive an "ethical" price from international retailers and brands.
Vietnam: FashionUnited reported on Vietnam’s textile and clothing sector recovering after the relaxation of COVID-19 prevention and control measures. After an unprecedented wave of layoffs, with 1.3 million migrant workers returning to their home regions from July to September last year, the industry recovered in the last quarter and the sector's growth has returned to pre-coronavirus levels. Cao Huu Hiêu, Director-General of Vinatex, reports the newspaper Le Courrier du Vietnam, that in October 90 percent of the employees of the companies in the group had already returned to work (now almost 100 percent): "The high growth rate in the fourth quarter has allowed the textile and apparel industry to meet the US$39 billion export target for the full year, an increase of almost 12% compared to 2020."
Pakistan & India: The promised wage increase in the Pakistani province Sindh is still not implemented after one year (see News Update KW 50). The factory owners had joined forces to appeal the order. The Supreme Court of Sindh We are in the process of making a final judgment and a decision is expected later this month. Meanwhile, workers are still barely getting enough to live, but the clothing brands that source their goods from the province, including H&M, C&A and Aldi North In spite of their promises to work towards the achievement of Living Wages. The situation in Sindh is part of a pattern of inaction by brand companies, and there are clear parallels between this situation and the mass wage theft in Karnataka, India. After a state-imposed minimum wage increase in April 2020, more than 400,000 garment workers have still not received this new statutory minimum wage - despite a ruling by the Supreme Court of Justice. Karnataka in September 2020, according to which the minimum wage, including all arrears, must be paid to the workers. Brands that are in Karnataka Shopping, like H&M and C&A, have done little to prevent this monumental wage theft in their supply chains. The brands bear a large part of the responsibility for the subcontractors not feeling able to bear the higher labour costs: In Karnataka The brands made toothless declarations in which they asked their suppliers to comply with the statutory minimum wage. In Sindh The brands have hardly spoken out. The Clean clothes campaign in the course of the #PayYourWorkers-Campaign attentive to this wage theft. This Worker Rights Consortium has one trackers set up, which updates the amount of the theft every second.