Weekly Update 7 February: Israel/OPT: Itochu ends collaboration with Israeli arms firm over ICJ ruling

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BHR IN CONFLICT-AFFECTED AREAS

ISRAEL/OCCUPIED PALESTINIAN TERRITORY

German media giant Axel Springer reportedly profiting from real estate listings of illegal West Bank settlements via classified ads website Yad2
The Intercept

German media giant Axel Springer, the owner of Bild, Germany’s highest-selling newspaper, is reportedly profiting from illegal settlements in the occupied Palestinian West Bank through its Israeli classified ads website, Yad2. The platform allegedly features thousands of real estate listings in the occupied territory. Of those, more than 1,000 are reportedly paid ads. Critics argue that by profiting from adverts of properties in illegal settlements, Axel Springer is complicit in the forced displacement and dispossession of the Palestinian population. A spokesperson for the company said 'Discrimination has no place at Axel Springer.' 

MYANMAR

CSOs call on intl. community to better support civilians seeking to resist digital oppression in Myanmar
Access Now, Myanmar Internet Project, EngageMedia & others 

On the 3rd anniversary of Myanmar's military coup, civil society groups issued dual calls for action. The first statement, from Access Now, Myanmar Internet Project and EngageMedia, among others, emphasises the need to dismantle Myanmar's ‘digital iron curtain’, to expose and address the military's control over telecommunications, internet shutdowns, and surveillance infrastructure. The statement urged the global community to fund alternative internet access, cut support for military surveillance, and hold tech companies accountable. A second statement, signed by 19 NGOs, emphasises global solidarity to end Myanmar's military rule, addressing ongoing human rights abuses and digital oppression.

 

INTERNATIONAL

Global carmakers incl. BYD, General Motors, Tesla, Toyota, Volkswagen may be using aluminium made by Uyghur forced labour in China
The Guardian, Der Spiegel, Human Rights Watch 

Car manufacturers BYD, General Motors, Tesla, Toyota, and Volkswagen may be using aluminium made by Uyghur forced labour in their supply chains, and are not doing enough to minimise the risk, said Human Rights Watch. The investigation alleges that while most automotive companies have strict human rights standards to audit their global supply chains, they may not be applying the same rigorous sourcing rules for their operations inside China. Human Rights Watch allegedly found ‘credible evidence’ aluminium producers in Xinjiang have used workers from labour transfer programs.

General Motors said it conducts due diligence to address forced labour risks. Tesla said it had mapped its aluminium supply chain ‘in multiple cases’ and found no evidence of forced labour. Toyota emphasised its expectations for suppliers to uphold human rights. Volkswagen acknowledged blind spots and expressed commitment to reviewing and enhancing procedures. BYD did not respond to questions about the allegations.  

Over 280 business & human rights experts, lawyers & academics join call to support EU's due diligence directive
Business & human rights experts; Reuters

The landmark Corporate Sustainability Due Diligence Directive (CSDDD) deal, agreed by negotiators from the bloc's lawmakers and the EU Council in December, is set to be formally voted on by EU member states on Friday 9th February. Ahead of the EU Council’s vote, over 275 business and human rights practitioners joined a call for lawmakers to support the CSDDD.

In the wake of Germany announcing its decision to likely abstain from the vote, 15 companies and networks released a joint statement urgently calling on the German Chancellor to agree to the CSDDD. ALDI SÜDBayerFRoSTAKiKMarsTchiboVAUDE, and the Global Network Initiative were among those affirming business support for the text agreed in December.

 

AFRICA

Kenya: Govt. authority orders 29 polluting companies incl. British American Tobacco & Brookside to clean up Nairobi River
The Star 

Kenya's National Environment Management Authority (NEMA) has directed 29 companies to address environmental pollution in the heavily contaminated Nairobi River basin. The companies reportedly failed to comply with the Sustainable Waste Management Act 2022, and the accumulated waste allegedly interfered with water flow and posed a potential threat of flooding. NEMA's inspections revealed synthetic wastes from producers along the Ngong River and Nairobi River, including British American Tobacco and dairy processing company Brookside. A restoration order was issued, giving companies 30 days to clean up waste and submit waste management plans. Failure to comply could lead to fines or imprisonment. 

Kenya: 4 arrests after explosion at 'illegal' gas-filling station kills at least 6 & injures more than 280 people
Al Jazeera

The incident was triggered by a gas-loaded truck, which exploded in Nairobi's Embakasi neighbourhood, igniting a fire that consumed homes and warehouses. Kenya’s Directorate of Criminal Investigations have arrested a man accused of renting the ‘illegal’ gas depot, along with 3 officials from the National Environment Management Agency (NEMA) accused of culpability over the incident.

Officials from NEMA have been accused of wrongly giving a licence for the LPG filling and storage plant in a densely populated area. The Energy and Petroleum Regulatory Authority had previously denied permission for a liquefied petroleum gas plant at the site due to safety concerns. NEMA said that a company, Maxxis Nairobi Energy, had obtained a permit to operate a gas plant at the site in February last year. It said it has suspended 4 of its employees.

 

AMERICAS

USA: Large companies increasingly use lawsuits as tactic to prevent unionisation, say experts
The Guardian  

A multi-pronged legal attack by large corporations, business groups and anti-union litigators threatens to undermine unions, disrupt labour laws and impede the labour movement, experts warn. Both Elon Musk's SpaceX and coffee-giant Starbucks are pursuing cases that would undermine the National Labor Relations Board (NLRB). SpaceX filed a lawsuit against the NLRB in January, claiming the board is unconstitutional because its members can only be removed for a distinct cause, not ‘at will’. Meanwhile, Starbucks is challenging the NLRB's order to rehire 7 fired union activists. Experts argue such legal manoeuvres signify a concerted effort by corporations to stifle unionisation and erode workers' rights. 

See also; tech industry group NetChoice - representing major tech companies including GoogleMetaSnap and TikTok - has filed a series of lawsuits blocking new state laws aimed at enhancing online safety for children. Meanwhile, executives from Discord, MetaSnapTikTok and X are testifying before the Senate Judiciary Committee about safeguarding children on their respective platforms. The goal of the hearing is to inform legislation to compel the firms to do more to protect children on their platforms. 

Brazil: E-commerce company Mercado Libre accused of selling pollutant mercury, used in illegal Amazon mining operations
Buenos Aires Herald  

Brazilian prosecutors are investigating Mercado Libre, Latin America's largest e-commerce platform, for online sales of mercury used by illegal gold miners in the Amazon. The Federal Prosecutors' Office recommends banning mercury ads on the platform and implementing better controls to address the trade of this ‘extremely dangerous pollutant’. Illegal gold miners in the Amazon use mercury to extract gold, it pollutes the rivers and poisons the fish, a staple food for Indigenous communities in the Amazon, where studies show women and children with dangerously high levels of mercury in their blood. Mercado Libre said it was ready to help prosecutors with their investigations into the sale of prohibited products. 

USA: Denver city auditor seeks USD1m from staffing agencies Instawork & Gigpro for worker misclassification
The Colorado Sun 

Staffing agencies Gigpro and Instawork, specialising in restaurant and hospitality industries, allegedly misclassified more than 3,000 workers as independent contractors. The Denver city auditor has determined these workers should be classified as employees, and afforded associated benefits. The companies were also accused of numerous unpaid wage and overtime violations, and failing to provide sick leave. The decision seeks over USD1m in penalties, with Instawork facing fines of USD820,000. A spokesperson from Instawork stated it is coordinating with the City of Denver to address the determination. 

 

ASIA & PACIFIC

Cambodia: Brick kiln workers face dangerous temperatures from fires fuelled by fast fashion waste from major brands incl. Clarks, Disney, H&M
BBC 

Cambodia’s brick kiln workers allegedly face hazardous conditions exacerbated in part by the fast fashion industry. Bound by debt-bondage and made to work in extreme heat, workers risk heat stroke, fatigue and heart failure. The kilns are fuelled using clothing scraps from the global fashion industry - some of which have been found to contain toxic substances. An investigation by the BBC reportedly found labels from Clarks shoes, Disney and H&M amongst clothing used as fuel.  

Disney spokesperson told the BBC the company was investigating the situation. Clarks called on the Cambodian ministry of environment to investigate and invited other companies to join forces ‘to eradicate this problem’. H&M acknowledged traceability was an issue in Cambodia, but said it had its own waste management guidelines to ensure fabric waste wasn't used as a fuel source by factories. 

India: Social media platforms YouTube and Koo allegedly facilitate misogynistic hate speech, report finds
Wired 

A report by Global Witness and the Internet Freedom Foundation found YouTube and social media site Koo are allegedly permitting misogynistic hate speech in India, a critical concern ahead of the upcoming national election. Despite policies prohibiting content promoting violence or hatred based on attributes like gender, both platforms reportedly fail to promptly address reported violations. The investigation primarily focused on YouTube, which has more than 460m users in India. The report highlights videos, including one with more than 760,000 views, encouraging violence against women. Koo was found to promote content espousing Islamophobic conspiracy theories.  

YouTube said it reviews reported content on a consistent basis but did not answer questions about how long the review process takes. Koo said it screens content algorithmically, and then manually, for sensitive topics.  

Hong Kong: Local business groups back new 'Article 23' security law; NGO & European Chambers of Commerce express rights concerns
BNN Breaking

Several Hong Kong local business associations have expressed support for a controversial new security law which pro-democracy advocates fear threatens civil liberties. The law stipulates the government shall enact legislation to prohibit acts of treason, secession, sedition and subversion against Beijing. In a statement, local business associations claim it will improve business by acting as an investment incentive in Hong Kong following the cities 2019 protests, which they say ‘seriously hurt’ business. Amnesty International warns the legislation could ‘further entrench repression’. The European Chamber of Commerce has expressed concern over the potential threats  the law poses to its core business values, including protection of fundamental rights and the free flow of information.

 

EUROPE & CENTRAL ASIA

UK: Migrant agricultural workers face wage theft, fee-charging & poor treatment
Worker Support Centre, The Independent

The UK-based Worker Support Centre (WSC) has released data gathered from migrant worker cases from 2023. The report outlines risks facing seasonal agricultural workers including wage theft, poor treatment, and the payment of illegal fees, encompassing 149 cases. 74% of the cases involved working conditions, with 26% addressing pay issues. Health and safety concerns, including unaddressed severe injuries, constituted 17% of cases. The WSC also aided workers facing challenges under the ‘Seasonal Worker visa’ scheme, relating to 24% of cases. This visa system increased exploitation risks, with 15% of cases involving workers unable to switch farms, leaving them exposed to abuse.  

See also; a Home Office preliminary ruling found a Bolivian fruit picker under a UK government ‘Seasonal Worker visa’ scheme may be a modern slavery victim. The worker was part of a group of 88 Latin American seasonal fruit pickers who staged the UK’s first ever strike by workers on seasonal visas last July. They claimed they faced harassment, racial discrimination and poor working conditions at Haygrove, a UK fruit farm. Haygrove disputes the accusations. A final decision on the case is expected next month. 

Serbia: Authorities investigating allegations of human trafficking of Indian workers by China Energy Engineering Group
Balkan Insight 

Serbia's Public Prosecutor's Office is investigating allegations of human trafficking and labour exploitation of 11 Indian workers hired by China Energy Engineering Group Tianjin Electric Power Construction (CEEG). The complaint by CSO ASTRA accuses the company of serious labour rights abuses, including withheld passports, excessive working hours and inadequate living conditions for the workers. The complainants also reportedly faced assaults from management at the Linglong company, a tyre company associated with CEEGLinglong denies employing Indian workers and claims it terminated its contract with CEEG in September 2022. 

France: Just Eat to end Paris service, citing 'competitive disadvantage' for treating couriers as employees & not using gig economy workers
Reuters

Just Eat Takeaway will shut down its in-house delivery service in Paris, affecting approximately 100 jobs. Just Eat, Europe’s largest meals delivery company, said it was at a competitive disadvantage in France because of the company’s preference for employing its own couriers in Europe, rather than relying on self-employed gig economy workers, a model employed by competitors like Deliveroo and UberJust Eat’s CEO criticised the European Union for not approving the Platform Work Directive, a law that would establish a ‘presumption of employment’ for gig workers, compelling their employers to provide them with employment benefits otherwise withheld from gig workers.

 

MIDDLE EAST & NORTH AFRICA

Jordan: Access Now exposes the hacking of Jordanian journalists, lawyers & activists using NSO Group's Pegasus software
AP News 

Pegasus spyware was reportedly employed in Jordan to hack at least 30 individuals, including journalists, lawyers and activists, according to a report by digital rights group Access Now. The hacking, utilising spyware made by Israel’s NSO Group, allegedly occurred from 2019 until September 2023. Among the targeted individuals were Human Rights Watch's deputy director for the region and a Jordanian human rights lawyer. NSO Group says it only sells to vetted intelligence and law enforcement agencies — and only for use against terrorists and serious criminals. Cybersecurity researchers who have tracked the spyware’s use in 45 countries have reportedly documented dozens of cases of politically motivated abuse of the spyware. An NSO Group spokesperson said the company would not confirm or deny its clients’ identities. 

Bahrain: Govt. proposes series of discriminatory policies targeting migrant workers & enabling employers to evade end-of-service payments
Migrant-Rights.Org

Bahrain has recently proposed a series of discriminatory policies targeting migrant workers, including an amendment to the 2012 Labour Law unanimously approved by MPs, cancelling the compensation of domestic workers who leave their workplaces. Critics argue the bill fails to address the frequently exploitative and abusive conditions that drive domestic workers to leave and ignores the fact few domestic workers currently receive end-of-service benefits. Bahrain’s Labour Minister warned the move would be unconstitutional and discriminatory.

 

Company Responses

Company Non-Responses

OTHER BHRRC NEWSLETTERS

Actualización Semanal 01 De Febrero De 2024 | Brasil: esclavitud en producción de café | Perú: contaminación por mina de oro| México: David Hernández criminalizado por defender el Istmo

 

ANNOUNCEMENTS

USA: Senate introduces New Human Rights Defender Protection Act 

Call for input for the UN Working Group’s report on respecting the rights of LGBTI people in the context of business activities: fulfilling obligations and responsibilities under the UNGPs 

Australia: Accountants & finance professionals 'well-placed' to identify modern slavery in business operations, amid rising cases in Global North  

EVENTS

Details of these & other future events can be found here. Please send relevant event information to Maeve Diffley: diffley@business-humanrights.org

 

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