1Precarious Work in the Gap Global Value Chain - Asia Floor Wage Alliance

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1Precarious Work in the Gap Global Value Chain - Asia Floor Wage Alliance
Precarious Work in the
1

Gap Global Value Chain
1Precarious Work in the Gap Global Value Chain - Asia Floor Wage Alliance
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        Asia Floor Wage Alliance (AFWA) was oicially
        formed in 2006 and includes up to 71
        organizaions, which consitute a network from
        17 countries across Asia, Europe and North
        America to represent garment industry trade
        unions, NGOs, consumer groups and research
        insitutes.

        The Center for Alliance of Labor & Human
        Rights (CENTRAL) is a local Cambodian NGO.
        The organizaion empowers Cambodian working
        people to demand transparent and accountable
        governance for labor and human rights through
        legal aid and other appropriate means.

        Sedane Labour Resource Centre/Lembaga
        Informasi Perburuhan Sedane (LIPS) is a non
        governmental organizaion in labor studies. LIPS
        works to strengthen the labor movement by
        documening knowledge through paricipatory
        research and developing methods of popular
        educaion in labor groups and unions.

        SLD is a Delhi-based labour rights organisaion,
        that believes in equitable development through
        social and economic well-being of labour,
        migrants, and women workers; and through
        cultural renewal among disenfranchised people.
        SLD is a naional organisaion that originated
        with a focus on the Naional Capital Region and
        works with partners in Utar Pradesh, Bihar,
        Jharkhand, and Kerala.

        The Naional Centre for Development
        Cooperaion, or CNCD-11.11.11, includes
        nearly 80 development NGOs, trade unions and
        associaions engaged in coninuing educaion
        for internaional solidarity in the French
        Community and Community of Belgium.

        The United Workers Congress (UWC) is a
        strategic alliance of workers that are either
        by law or by pracice excluded from the right
        to organize in the United States. This naional
        network represents a base of workers, and also
        regional networks and individual organizaions
        in industries where there is no naional
        network.
1Precarious Work in the Gap Global Value Chain - Asia Floor Wage Alliance
EXECUTIVE SUMMARY                                                             4   5

                                                                                                                that physical punishment and illegal terminaion—       commitment. To date, Gap has refused to make
                                                                                                                especially of pregnant women who were also             a contractual commitment to work with their
                                                                                                                denied maternity beneits—were normal                   suppliers and local and internaional trade unions
                                                                                                                occurrences (IGLHR 2013).                              to ensure that repairs are made and workers have
                                                                                                                                                                       the right to refuse dangerous work.
                                                                                                                Working condiions like those reported in Next
                                                                                                                Collecions are far from isolated incidents. Gap        Due in no small part to this egregious refusal to
                                                                                                                lags far behind other brands in their commitments      join the Accord, in 2014 Gap earned the Public
                                                                                                                to decent work and safe workplaces. For instance,      Eye Jury Award from the Berne Declaraion and
                                                                                                                more than 200 brands signed the legally binding        Greenpeace Switzerland—an award that aims
                                                                                                                Accord on Fire and Building Safety following the       to shine a light on the current and most serious
                                                                                                                collapse of the Rana Plaza Building in Bangladesh,     cases of human rights violaions and disregard for
                                                                                                                killing 1,127 workers. Instead of signing the          environmental protecion and sustainability (CCC
                                                                                                                Accord, Gap together with Walmart, founded the         2014a).
                                                                                                                Alliance for Bangladesh Worker Safety. Unlike
                                                                                                                the legally binding Accord on Fire and Building        Gap currently operates 3,300 stores and employs
                                                                                                                Safety, the Alliance for Bangladesh Worker Safety      more than 150,000 employees across their
                                                                                                                is a voluntary measure rather than a contractual       global producion network. (ILO 2014; Donaldson

                                                                                                                Campaigners on Oxford Street, London call on Gap to ensure beter safety in their Bangladeshi factories.
                                                                                                                To date, Gap has refused to make a contractual commitment to work with their suppliers to ensure that
                                                                                                                repairs are made.
                                                                                                                by Trade Union Congress licensed under CC 2.0. jpg
Gap 5th Avenue, New York
by Ingbruno licensed under CC3.0

In March 2014, U.S. President Barack Obama         garment workers in overseas producion hubs.
made headlines by ceremoniously shopping           Although Gap has also publicly announced a
at a Gap store on East 42nd and Third Avenue.      commitment to set humane working condiions,
Obama’s decision to visit the store followed an    just months before Gap announced an increase
announcement by Gap that they would raise          in wages for U.S. workers, the Insitute for Global
minimum wages for U.S. workers to USD 10 per       Labour and Human Rights exposed sweatshop
hour by 2015. Gap’s decision to raise minimum      condiions in Gap supplier factory run by the
hourly wages broke with U.S. retailers and         Ha-Meem Group in Bangladesh—where together
business groups that urged lawmakers to maintain   Gap and Old Navy account for 70% of producion
the federal minimum wage at USD 7.25 an hour       (Boyer 2014). The 3,750-worker Next Collecions
(Banjo 2014).                                      factory in Ashulia, Bangladesh, on the outskirts
                                                   of Dhaka, rouinely forced workers into 14-17
Gap—the parent company of Gap, Banana              hour shits, seven days a week amouning to
Republic and Old Navy—has commited to raising      workweeks of over 100 hours. Workers were paid
wages for U.S. workers but this commitment         poverty level wages: just USD .20 - .24 per hour.
does not extend to establishing living wages for   Workers in the Next Collecions factory reported
1Precarious Work in the Gap Global Value Chain - Asia Floor Wage Alliance
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2016a). Brands like Gap wield the potenial to
transform working condiions through their
                                                     Secion one provides a brief overview of global
                                                     producion networks in general and the garment               Recommendaions                                     chains, the ILO should set new standards and
                                                                                                                                                                    enforcement mechanisms and encourage naional
supply chains. Gap has not, however, commited        global producion network in paricular. It                                                                      governments to do the same.
to ensuring a living wage for workers beyond U.S.    outlines key shits in employment relaionships               for the ILO at the
employees and fails to disclose their suppliers—
creaing signiicant barriers to allowing labour
                                                     as producion processes evolve to include several
                                                     companies across muliple countries. This secion
                                                                                                                 Internaional Labour                                The ILO Triparite declaraion of principles
                                                                                                                                                                    concerning mulinaional enterprises and social
rights groups, the government and other paries
to monitor labour rights in their direct supplier
                                                     also traces the concentraion and distribuion of
                                                     control over producion processes across various
                                                                                                                 Conference, 2016                                   policy (MNE Declaraion), 2006 provides a
                                                                                                                                                                    good staring point. However, within the MNE
and subcontractor factories. Rather than             actors in the garment global producion network.                                                                Declaraion, MNE refers only to subsidiaries or
upholding rights and work for garment workers                                                                    The ILO—the only global                            franchises. Accordingly, GVCs and GPNs in their
overseas, Gap maintains high pressure sourcing       Secion two reviews Gap public commitments to                tripartite institution—has a                       current form are not covered by this Declaraion.
models within the garment global producion           promoing decent work in their supply chains,                                                                   The need of the hour is for the ILO to clarify and
network that create overwhelming incenives for       including through the Gap Code of Conduct and               unique role to play in setting                     update its standards and mechanisms to protect
factories to reduce costs and speed producion by     partnership programs. Where possible, it includes           standards for all of the actors                    workers employed by transnaional corporaions
ignoring labour standards.                           discussions and research on the eicacy of these                                                                (TNCs) across vast GPNs.
                                                     iniiaives to date.                                          that impact fundamental
In recent years, the status of Gap commitments                                                                   principles and rights at work.                     The following recommendaions emerge from
to human rights at work has been the subject         Secion three provides a brief overview of the                                                                  our experience promoing rights at work in global
of numerous studies by labour unions, human          market share of Asian garment value chains and              As detailed in this report on the garment global   value chains.
rights organizaions and their allies—ranging         more focused country proiles on the Cambodian,              producion network (GPN), due to the scale
from Human Rights Watch to the Insitute for          Indian and Indonesian garment industries. These             of global trade accounted for by Global Value
                                                                                                                                                                    1. Given the well-documented and rampant
Global Labour and Human Rights. In the lead up       secions aim to contextualize empirical indings on           Chains (GVCs) there is an urgent need for global
                                                                                                                                                                    exploitaion of workers and resources by MNEs
to the 105th Session of the Internaional Labour      working condiions presented in the inal secion              mechanisms to monitor and regulate GVCs
                                                                                                                                                                    operaing through GVCs, and noing the limits on
Conference, focused for the irst ime on decent       of the report.                                              and GPNs. The ILO—the only global triparite
                                                                                                                                                                    regulaion under naional legal regimes, the ILO
work in global supply chains, this report revisits                                                               insituion—has a unique role to play in seing
                                                                                                                                                                    should move towards a binding legal convenion
the status of Gap’s commitments to decent work       Secion four discusses, in detail, the intensive             standards for all of the actors that impact
                                                                                                                                                                    regulaing GVCs.
through the lens of rights at work as they are       labour exploitaion and abuse faced by workers               fundamental principles and rights at work.
                                                                                                                                                                       1.1. Standards under this convenion must
protected under Internaional Labour Organizaion      in Gap supply chains in Cambodia, India and
                                                                                                                                                                       be at least as efecive and comprehensive
(ILO) convenions and other instruments.              Indonesia. Recent empirical indings are                     Transnaional Corporaions (TNCs) and their
                                                                                                                                                                       as the UN Guiding Principle on Business and
                                                     supplemented with evidence of rights violaions              suppliers have a duty to obey naional laws and
                                                                                                                                                                       Human Rights and exising OECD mechanisms,
Shedding light on the gaps in implementaion of       drawn from exising studies. In this secion the              respect internaional standards—especially those
                                                                                                                                                                       including the 2011 OECD Guidelines for
Gap commitments, violaions of internaional           human rights violaions and consequences of                  pertaining to realizaion of the fundamental
                                                                                                                                                                       Mulinaional Enterprises.
labour standards and challenges Gap may face         precarious work in the Gap supply chain are                 principles and rights at work. A number of
                                                                                                                                                                       1.2. The Convenion should include the
in upholding commitments to decent work,             ariculated themaically in order to surface the              ILO core labor standards, such as the Forced
                                                                                                                                                                       following components, among others:
this report contributes new research collected       patern of rights violaions across Cambodia, India           Labour Convenion, 1930 (No. 29), Protocol
                                                                                                                                                                           1.2.1. Imposiion of liability and sustainable
through interviews with 150 workers in India         and Indonesia.                                              to the Forced Labour Convenion, 2014 and
                                                                                                                                                                           contracing, capitalizaion and/or other
and Indonesia engaged in Gap supply chains.                                                                      accompanying Recommendaion, already protect
                                                                                                                                                                           requirements on lead irms to ensure
These recent indings, collected between August                                                                   workers in value chains. However, as this report
                                                                                                                                                                           accountability throughout the GVC.
and October 2015, are situated in context of                                                                     details, changes in the modern workplace and
                                                                                                                                                                           1.2.2. Establishment of a Global Labour
both previous studies on Gap supply chains in                                                                    globalizaion of value chains has opened up new
                                                                                                                                                                           Inspectorate with monitoring and
Cambodia, India and Indonesia and the broader                                                                    gaps in the protecion of fundamental principles
                                                                                                                                                                           enforcement powers.
context of the global producion network.                                                                         and rights at work. In addiion to clarifying the
                                                                                                                                                                           1.2.3. Publicly accessible transparency and
                                                                                                                 applicaion of exising standards in global value
1Precarious Work in the Gap Global Value Chain - Asia Floor Wage Alliance
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      traceability provisions.                       4. Convene research to inform ILO global supply              5. Organize a Triparite Conference on the
      1.2.4. Speciic provisions that address the     chain programming, including:                                adverse impact of contracing and purchasing
      special vulnerability of migrant workers in      4.1. Research on adverse impacts of TNC                    pracices upon migrant workers rights. This
      GVCs.                                            purchasing pracices upon                                   conference should focus on:
      1.2.5. Speciic provisions that address the           4.1.1. Core labour standards for all                      5.1. Protecion of migrant rights as conferred
      special vulnerability of women workers in            categories of workers across value chains.                under the UN Internaional Convenion on the
      GVCs.                                                4.1.2. Wages and beneits for all categories               Protecion of the Rights of all Migrant Workers
      1.2.6. Limits on the use of temporary,               of value chain workers. This research should              and Members of their Families.
      outsourced, self-employed, or other forms            aim to saisfy basic needs of workers and                  5.2. The intersecion of migrant rights and ILO
      of contract labor that limit employer                their families.                                           iniiaives to promote Decent Work in Global
      liability for worker protecions.                     4.1.3. Access to fundamental rights to food,              Supply Chains.
                                                           housing, and educaion for all categories of
                                                           value chain workers and their families.
2. Pursue a Recommendaion on human rights              4.2. Research into the range of global actors
due diligence that takes into account and builds       that may have leverage over GVCs including
upon exising due diligence provisions that are         investors, hedge funds, pension funds and GVC
evolving under the United Naions Guiding               networks that deine industry standards such as
Principles on Business and Human Rights and            Free on Board (FOB) prices.
the 2011 OECD Guidelines for Mulinaional               4.3. Research into the types of technical
Enterprises.                                           advice needed by OECD government
                                                       paricipants taking a muli-stakeholder
3. Take the following complementary measures           approach to address risks of adverse impacts
to protect workers employed in global value            associated with products.
chains:                                                4.4. Research into mechanisms deployed
   3.1. Recognize the right to living wage as a        by authoritaive actors within GVCs that
   human right and establish living wage criteria      contribute to violaions of fundamental
   and mechanisms.                                     principles and rights at work, including but not
   3.2. Promote sector-based and transnaional          limited to atacks on freedom of associaion,
   collecive bargaining and urge countries to          collecive bargaining, forced overime, wage
   remove naional legal barriers to these forms of     thet and forced labour.
   collecive acion.                                    4.5. Since women represent the greatest
   3.3. Expand work towards the eliminaion             majority of garment workers, the situaion
   of forced labour, including promoing                of women should be urgently included in
   raiicaion and implementaion of the Forced           monitoring programmes to assess the spectrum
   Labour Convenion, 1930 (No. 29), Protocol           of their clinical, social and personal risks.
   to the Forced Labour Convenion 1930 and             4.6. Require an urgent, epidemiological study
   accompanying Recommendaion, 2014.                   into deaths and disabiliies resuling from
   3.4. Coninue programs to ensure social              condiions of work and life of garment workers.
   protecion, fair wages and health and safety at      This informaion should be made available
   every level of GVCs.                                publicly and to internaional agencies.
1Precarious Work in the Gap Global Value Chain - Asia Floor Wage Alliance
ACKNOWLEDGMENTS                                                               10   11   ABBREVIATIONS AND ACRONYMS

This report is one in of a series of reports,       Center for Alliance of Labor & Human Rights                       AFWA    Asia Floor Wage Alliance
enitled Workers Voices from the Global Supply       (CENTRAL) in Cambodia.                                          AFWA-C    Asia Floor Wage Cambodia
Chain: A Report to the ILO 2016. Invesigaion of
                                                                                                                     AFWA-I   Asia Floor Wage Indonesia
producion condiions in Gap factories in India       This report was edited by Anannya Bhatacharjee.
and Indonesia was coordinated by the Society for    Recommendaions for the ILO at the Internaional                  CCAWDU    Coaliion of Cambodian Apparel Workers
Labour and Development (SLD).                       Labour Conference, 2016 were formulated by a                              Democraic Union
                                                    group of organizaions, including the internaional
                                                                                                                        CCC   Clean Clothes Campaign
Desk research and wriing was completed by           Asia Floor Wage Alliance, Jobs with Jusice (USA),
Ananya Basu and Shikha Silliman Bhatacharjee,       Naional Guestworkers Alliance (USA), and Society                CENTRAL   Center for Alliance of Labor and Human Rights
JD. Data analysis was conducted by Ananya Basu      for Labour and Development (India).                               GMAC    Garment Manufacturers Associaion in Cambodia
and Vismay Basu. Primary data collecion was
                                                                                                                       HRW    Human Rights Watch
undertaken by Syarif Ariin, Lembaga Informasi       We extend graitude to the workers who shared
Perburuhan Sedane (LIPS), in Bogor Indonesia;       their ime, experience and materials for the                         ILC   Internaional Labour Conference
Vismay Basu, Delhi-NCR based Society for Labour     purpose of this study.                                              ILO   Internaional Labour Organizaion
and Development (SLD) in India; and Joel Preston,
                                                                                                                       ILRF   Internaional Labour Rights Forum
                                                                                                                      MLVT    Ministry of Labour and Vocaional Training
                                                                                                                     NCEUS    Naional Commission on Enterprises in the
                                                                                                                              Unorganized Sector
                                          FIGURES                                                                      NCR    Naional Capital Region
Figure 1:     Basic needs included in Asia Floor Wage calculaions                                                       SLD   Society for Labour and Development
Figure 2:     Asia Floor Wage calculaions consider inancial dependents and corresponding                               TATA   Texiles and Apparel Trade Agreement
              responsibility of workers
                                                                                                                       TCLF   Texile, Clothing, Leather and Footwear
Figure 3:     Progressive increase in Cambodian minimum wages, 2012-2016
                                                                                                                      USAS    United Students Against Sweatshops
                                                                                                                       WRC    Worker Rights Consorium

                                           TABLES

Table 1:      Overview of study respondents in Delhi-NCR, India
Table 2:      Overview of study respondents in Indonesia
Table 3:      2015 Asia Floor Wage Figure in local currencies
Table 4:      Asian countries’ share of global apparel exports, 2000-2013
Table 5:      Average minimum wage increase across sectors for selected provinces in Cambodia,
              2010-2013
1Precarious Work in the Gap Global Value Chain - Asia Floor Wage Alliance
METHODOLOGY                                                                12   13

                                                                                                                      Analysis of structured interviews aimed to idenify               names of paricular producion units have been
                                                                                                                      violaions of rights at work protected under                      withheld.
                                                                                                                      Internaional Labour Organizaion standards,
                                                                                                                      naional laws and the Gap Code of Vendor                          In total, we interviewed 100 workers engaged in
                                                                                                                      Conduct.                                                         producing Gap garments within Indonesia and
                                                                                                                                                                                       surrounding areas.
                                                                                                                      These indings have been situated in context
                                                                                                                      of the global garment producion networks                         Table 2: Overview of study respondents in
                                                                                                                      and previous research on Gap supply chains.                      Indonesia
                                                                                                                      Secondary sources included reports on producion
                                                                                                                      condiions in the garment industry, academic                                Supplier                No. of respondents
                                                                                                                      aricles and newspaper reports.                                           Panca Prima                        30
                                                                                                                                                                                             Putra Pilar Sejai                    30
                                                                                                                      India                                                                     Sandraine
                                                                                                                                                                                            Tainan Enterprises
                                                                                                                                                                                                                                  20
                                                                                                                                                                                                                                  20
                                                                                                                      In India, research included invesigaion                                   Indonesia
                                                                                                                      of working condiions in four Gap supplier                                                               Total: 100
                                                                                                                      companies (Table 2). In order to protect the
                                                                                                                      idenity of workers interviewed for this study, in
                                                                                                                      some cases the names of paricular producion
Documening rights violaions in Gap factories is paricularly challenging because Gap refuses to disclose
                                                                                                                      units have been withheld. In total, we interviewed
basic informaion about its suppliers.
                                                                                                                      50 workers engaged in producing Gap garments
Asia Floor Wage Alliance
                                                                                                                      within the Delhi, Naional Capital Region (NCR).

This report is based upon 150 structured              supplier factories, including 4 supplier factories              Table 1: Overview of study respondents in Delhi-
interviews conducted between August and               in Indonesia and 4 supplier factories in the Delhi-             NCR, India
October 2015 with garment workers in Phnom            NCR, India.                                                              Supplier           No. of respondents
Penh, Cambodia; Bogor, Indonesia; and the Delhi,                                                                             Orient Crat                   20
Naional Capital Region (NCR), India. Structured       Interviews lasted between 30 and 65 minutes. All
                                                                                                                             Pearl Global                  12
interviews were conducted by Sedane Labour            worker interviews were conducted in person with
Resource Centre/Lembaga Informasi Perburuhan          full consent from workers. Interviews took place in
Sedane (LIPS) in Indonesia and the Delhi-based        workers’ residences, ater working hours or during                        Pyoginam                          8
Society for Labour and Development (SLD) in           ime of. In order to protect the idenity of workers                       Tets N Rai                       10
India. Invesigaive ieldwork was conducted             who paricipated in this study, all individual names                                                    Total: 50
in Cambodia by Center for Alliance of Labor &         have been changed. To ensure that workers

                                                                                                                      Indonesia
Human Rights (CENTRAL). This informaion was           cannot be ideniied based upon idenifying case
contextualized through further interviews with        informaion, factories are referenced by company
workers and trade union acivists.                     name but in some cases locaions of paricular
                                                      producion units have been removed. In India,                    In Indonesia, research included invesigaion of
New empirical indings on working condiions            interviews were conducted in Hindi. In Indonesia,               working    condiions in 4 Gap supplier companies
                                                                                                                      Interviews with workers were conducted at worker housing colonies such as this one in Gurgaon, India.
in Gap factories are based upon data collecion        interviews were conducted in Bahasa.                            (Table  2).  In order to protect the idenity of
                                                                                                                      Society for Labour and Development
and analysis of working condiions in 8 Gap                                                                            workers interviewed for this study, in some cases,
1Precarious Work in the Gap Global Value Chain - Asia Floor Wage Alliance
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                                     This secion aims to situate new empirical indings   TNC-coordinated GVCs
                                     on working condiions in Gap factories in India,
                                     Indonesia and Cambodia within the broader           account for some 80 percent
                                     context of global producion networks in general     of global trade.
                                     and the garment global producion network
                                     in paricular. This basic overview outlines key
                                     shits in employment relaionships as producion       As described by UNCTAD, GPNs shit market
                                     processes evolve to include several companies       relaionships between irms from trade
                                     across muliple countries. It also ideniies trends   relaionships to quasi-producion relaionships
                                     in concentraion and distribuion of control over     without the risks of ownership. Within this model,
                                     producion processes across various actors in the    TNCs drive coordinated producion of goods while
                                     garment global producion network.                   disbursing risk associated with market luctuaions
                                                                                         across global value chains.

                                     Global producion                                    Garment global
                                     networks
    Part 1
Global garment producion
                                     The Global Producion Network (GPN) is a
                                     term that describes contemporary producion
                                     systems, characterized by producion processes
                                                                                         producion networks
                                                                                         As described by the Internaional Labour
                                                                                         Organizaion (ILO), the Texile, Clothing,
                                                                                         Leather and Footwear (TCLF) is characterized
                                     that involve several companies across muliple
                                     countries. Companies linked through GPNs            by geographically dispersed producion and
                                     are related through various legal forms, with       rapid market-driven changes (ILO 2016). Brands
                                     exchanges between irms structured so that           engage in high value market research, design,
                                     transnaional corporaions (TNCs) do not legally      sales, markeing and inancial services. They
                                     own overseas subsidiaries or franchisees but        typically outsource garment producion to Tier
                                     only outsource producion to them. The UNCTAD        1 companies. Tier 1 companies may, in turn,
                                     World Investment Report 2013 notes the structure    subcontract some or all of the garment producion
                                     and prevalence of this mode of producion:           process to manufacturing companies known as
                                                                                         suppliers. This producion structure allows brands
                                      Today’s global economy is characterized            and retailers to drive coordinated producion
                                      by global value chains (GVCs), in which            of goods by capitalizing upon new technology,
                                      intermediate goods and services are traded         relaxed regulatory frameworks and a supply of
                                      in fragmented and internaionally dispersed         low wage labour in developing countries (Ghosh
                                      producion processes. GVCs are typically            2015). While brands and retailers do not carry out
                                      coordinated by TNCs, with cross-border trade       producion, they drive sourcing and producion
                                      of inputs and outputs taking place within their    paterns overseas. This producion model has
                                      networks of ailiates, contractual partners and     been characterized as a buyer-driven value chain
                                      arm’s-length suppliers. TNC-coordinated GVCs       (Barria 2014).
                                      account for some 80 per cent of global trade.
                                      (UNCTAD 2013)
1Precarious Work in the Gap Global Value Chain - Asia Floor Wage Alliance
16   17

According to this model, the structure of garment      subcontracts. Unauthorized subcontractors                      downward pressure on the prices paid to suppliers   through the use of lexible job
value chains can be divided into ive main              may also be unregistered and therefore                         combined with increasingly unpredictable
segments:                                              outside the purview of government regulaion.                   and extreme seasonal variaion in producion,         contracts, unemployment due
                                                       Due to diminished government and brand                         together, require garment suppliers to reduce       to luctuations in production
•   Segment 1: raw material supply, including          accountability—especially among unregistered                   producion costs. Contract workers cost less to
    natural and syntheic ibers;                        suppliers, working condiions among garment                     employ per unit because they oten receive lower     and downward pressure on
•   Segment 2: component supply, including yarn        subcontractors have been found to deteriorate                  wages and rarely receive non-wage beneits,          wages.
    and fabrics;                                       (Kashyap 2015). Within this structure, employers               including paid leave and social security beneits.
•   Segment 3: producion networks, including           and workers engaged in assembly operaions,                     These terms of employment leave contract            Due to the structure of garment value chains,
    domesic and overseas subcontractors;               including primary sitching and embellishment,                  workers paricularly vulnerable to exploitaion,      workers bear the brunt of global uncertainies
•   Segment 4: export channels established by          have comparaively litle negoiaing power                        with poorer working condiions and a higher          within the industry. Industrial uncertainty caused
    trade intermediaries;                              (Ghosh 2015).                                                  risk of serious abuse when compared to directly     by buyer purchasing pracices is displaced upon
•   Segment 5: markeing networks at the retail                                                                        employed workers (Chan 2013).                       workers through the use of lexible job contracts,
    level. (Ghosh 2015)                                                                                                                                                   unemployment due to luctuaions in producion
                                                       Rise in employment of
                                                                                                                      Industrial uncertainty caused                       and downward pressure on wages. Obstacles to
Firms that control design, branding and markeing       contract workers has                                                                                               freedom of associaion and collecive bargaining
(segment 5) also control sourcing decisions.           been attributed to buyer                                       by buyer purchasing practices                       further undermine workers’ negoiaion power.
Producion costs are one signiicant factor in                                                                          is displaced upon workers
determining sourcing preferences. Decisions            purchasing practices:
regarding how value addiion aciviies and proits        downward pressure on                                           Indonesian workers rally for decent work
are distributed along the value chain, in turn, have                                                                  by AFWA
a signiicant impact upon employers, workers and        the prices paid to suppliers
markets in producing countries. Proit generaion        combined with increasingly
by capitalizing upon price diferenials between
markets has been referred to as “global labour
                                                       unpredictable and extreme
arbitrage”(Roach 2004).                                seasonal variation in
Assembly (segment 3) is typically separated
                                                       production, together, require
organizaionally and geographically from other          garment suppliers to reduce
value generaing aspects of the value chain.            production costs.
Product suppliers and their workers (segment 3)
depend upon orders from markeing networks,             Since 2010, garment brand and retail members
irms and brands (segment 5). Tier 1 companies          of the UK Ethical Trading Iniiaive (ETI) have
holding primary contracts with brands oten             reported an increasing reliance on contract labour
subcontract producion to smaller suppliers. At         within garment value chains, marked by a growth
this level of the value chain, Tier 1 companies        in the proporion of the workforce that consists
compete for contracts with buyers. In a parallel       of contract workers. Contract work is paricularly
process, subcontractors compete for contracts          widespread in Bangladesh, India, Pakistan and
with Tier 1 companies (Ghosh 2015).                    Turkey. These trends have been associated with
                                                       the onset of the global inancial crisis in 2007-
Brands typically draw a disincion between              2008. Rise in employment of contract workers has
their liability for authorized and unauthorized        been atributed to buyer purchasing pracices:
1Precarious Work in the Gap Global Value Chain - Asia Floor Wage Alliance
18   19

                                                 Brand and retail codes of conduct establishing      Gap outlines its principles and standards of work
                                                 social and environmental principles have            in two documents, the Gap Human Rights Policy, a
                                                 developed in response to ani-sweatshop and          broad framework containing principles governing
                                                 consumer-driven accountability movements in         Gap work spaces and employment relaionships;
                                                 Europe and the United States. In some cases,        and the Code of Vendor Conduct, that establishes
                                                 these codes of conduct have been developed          standards that supplier factories need to meet
                                                 through muli-stakeholder iniiaives, including       in order to work with Gap. According to the Gap
                                                 corporate, non-governmental organizaion, trade      Human Rights Policy, these principles are binding
                                                 union, state and academic representaives (Barria    for all direct employees and global suppliers.
                                                 2014).
                                                                                                     The Gap Code of Vendor Conduct details model
                                                 Gap has commited to several iniiaives for           guideline for business with suppliers across
                                                 improving the lives of employees worldwide. Their   coninents. As a rule, Gap claims to engage
                                                 public commitment to promoing decent work           in business with only suppliers that are in
                                                 has been announced in the Gap Code of Conduct,      compliance with all guidelines outlined in the

          Part 2
Overview of Gap iniiaives to promote
                                                 Gap Human Rights Policy, Alliance for Bangladesh
                                                 Worker Safety and partnerships with the ILO
                                                 and other industry stakeholders. While codes of
                                                 conduct and other measures described in this
                                                 report consitute declaraions of intent they do
                                                                                                     document. Suppliers are also explicitly required
                                                                                                     to invest in building monitoring systems that
                                                                                                     facilitate assessment of sourcing factories. The
                                                                                                     document also spells out requirements for decent
                                                                                                     working condiions that must be followed by
                                                 not generate binding legal obligaions.              suppliers and applied to all workers, including
                                                                                                     those hired on contracts. Further analysis of the
            decent work                          This secion reviews Gap’s public commitments        Code of Conduct and enforcement of the same
                                                 to promoing decent work in their supply chains.     informs the secion on rights violaion.
                                                 Where possible, it includes discussions and
                                                 research on the eicacy of these iniiaives to
                                                 date.
                                                                                                     Gap support for
                                                                                                     California Transparency
                                                 GAP Principles and
                                                                                                     in Supply Chains Act
                                                 Standards of Work
                                                                                                     In January 2012, Gap supported the California
                                                  Our team talks extensively with workers at         Transparency in Supply Chains Act. The Act seeks
                                                  factories where our clothes are made, and we       to abolish child, bonded labour and human
                                                  follow up on the issues we ind. We focus much      traicking in global supply chains. It requires
                                                  of our ime on complex issues such as tackling      companies to publicly disclose the steps they are
                                                  the use of unauthorized subcontracing, ire         taking to idenify and eradicate forced labour in
                                                  and safety issues inside factories, freedom of     their supply chains.
                                                  associaion and excessive overime. –Gap 2016
                                                                                                     To uphold the clauses in the Act, Gap has publicly
                                                                                                     declared stringent monitoring mechanisms,
20   21

including periodic social audits and review           into the product comply with laws regarding                      •   Based upon a 2016 search, no monitoring             We remain commited to the principle that
processes for each of their sourcing factories        slavery and human traicking in the country of                        reports have been released for 2013, 2014 or        wages for a standard working week should
aimed at ensuring the absence of traicking and        business. Finally, Gap claims to provide training to                 2015.                                               meet the basic needs of factory workers and
bonded labour.                                        employees and management with responsibility                     •   Monitoring is conducted by an internal set of       provide them with discreionary income. Our
                                                      for supply chain management (Gap 2016a).                             Social Responsibility Specialists hired by Gap.     approach to wages is aligned with internaional
Gap has outlined several steps designed to                                                                                 This monitoring structure does not produce          legal standards set by the ILO and in accordance
protect contract workers. These include locally-      This approach has signiicant shortcomings:                           external evaluaions.                                with the ETI’s Base Code, as well as with SAI’s
hired Social Responsibility Specialists tasked                                                                         •   Monitoring reports are impossible to verify         principles (CCC 2014).
with monitoring Gap commitments to decent             •   Monitoring year-round factories neither                          since Gap does not disclose factory locaions
work for contract workers. According to Gap               accounts for working condiions for contract                      or paricular violaions disaggregated by           Gap has not, however, released a formula or
reports accessed in 2016, in 2012, the team               workers in factories that do not produce year                    factory.                                          methodology for determining living wage rates.
monitored more than 923 acive, full-year                  round nor for producion units that receive
factories, allegedly through announced and                subcontracts from Gap full ime factories.                                                                          Filling this conceptual Gap, the Asia Floor Wage
unannounced audits—96.4 percent of the acive,             Given the structure of the garment global                                                                          Alliance (AFWA), a global coaliion of trade unions,
full-year garment factories produce Gap Inc.              value chain, these types of producion                        Wage standards                                        workers’ rights and human rights organizaions,
branded apparel. Gap also claims to require               processes are both highly signiicant and also                                                                      provides a detailed formula for calculaing living
that vendors cerify that materials incorporated           the site of the most signiicant rights abuses.               In a survey conducted by the Clean Clothes            wages across naional contexts. The AFWA
                                                                                                                       Campaign, Gap declared that their concepion of        deiniion of a living wage speciies that living
Figure 1: Basic needs included in Asia Floor Wage calculaions                                                          a living wage varies from the standard deiniion       wage calculaions must include support for all
                                                                                                                       used globally.                                        family members, basic nutriional needs of a
                                                                                                                                                                             worker and other basic needs, including housing,
                                                                                                                       Figure 2: Asia Floor Wage calculaions consider inancial dependents and corresponding responsibility of
                                                                                                                       workers
22   23

healthcare, educaion and some basic savings.
The Asia Floor Wage Alliance bases their            Table 3: 2015 Asia Floor Wage Figure in local
calculaions on the following consideraions:         currencies
• A worker needs to support themselves
    and two other consumpion units. [One                    Country              Asia Floor Wage in
    consumpion unit supports either one adult or                                   local currency
    two children.] (Figure 2)                              Cambodia                1,630,045 Riel
• An adult requires 3000 calories a day in order
                                                             India              18,727 Rupees (INR)
    to carry out physically demanding work in
    good health.
                                                           Indonesia             4,684,570 Rupiah
• Within Asia, food costs amount for half of a
    worker’s monthly expenditure.                           Sri Lanka           48,608 Rupees (SLR)

Based upon these assumpions, the Asia Floor         The AFW wage calculaion method provides an
Wage is calculated in Purchasing Power Parity $     instrucive model for Gap and other brands in
(PPP$). This iciious World Bank currency is built   seing living wages that correspond to workers
upon consumpion of goods and services, allowing     needs and consider rising costs of living.
standard of living between countries to be
compared regardless of the naional currency. In
order to calculate annual Asia Floor Wage igures,
the AFWA carries out regular and ongoing food       Iniiaives on working
basket research (AFWA 2016a).
                                                    condiions
Accouning for high inlaion, Asia Floor Wage                                                                        Garment workers in India protest against Gap for unfair labour pracices.
                                                    Gap has partnered with Verite, a U.S. based non-
igures are calculated annually. As explained by                                                                    Society for Labour and Development
                                                    governmental organizaion with the ariculated
AFWA Coordinator, Anannya Bhatacharjee:
                                                    objecive of improving working condiions. This                      working condiions that may have stemmed            The espoused aims of these iniiaves, however,
                                                    iniiaive claims to measure and improve how                         from decisions at headquarters;                    are in stark contrast to Gap responses to worker-
 The gap between the minimum wage and the
                                                    much workers feel valued and engaged at work.                      meeing regularly with strategic and                led iniiaitves to engage the brand in improving
 cost of living has widened in recent years. High                                                                  •
                                                    The collaboraion allegedly aims to focus on                        low-performing vendors to assess their             working condiions. For instance, Gap was invited
 inlaion has sent the cost of living soaring in
                                                    workers and their voices in order to improve their                 performance against Gap’s Code of Vendor           to engage with workers at the People’s Tribunal on
 many Asian countries, but staring salaries
                                                    experience of work.                                                Conduct and discuss how the iming and              Living Wage as a fundmantal right of Sri Lankan
 remain unchanged—oten for several years.
 (Pasariello 2013)                                                                                                     planning of Gap’s orders are afecing their         garment workers, held from March 17-28, 2011 in
                                                    With similar claims to atending to workers’                        workers;                                           Colombo; Cambodian garment workers, held from
                                                    needs, in 2011, Gap Inc. created a Brand                       •   training all new hires in inventory                February 5-8, 2012 in Phnom Penh, Cambodia;
AFW annual PPP$ wage igures are therefore
                                                    Integraion and Vendor Performance project team.                    management, merchandising, producion, and          Indian garment workers, held from November
calculated annually based upon up to date
                                                    Gap declared that the eforts would be directed                     sourcing on the importance of responsible          22-25, 2012 in Bangalore; and Indonesian garment
naional food basket research. For instance,
                                                    towards gathering data on vendors for efecing                      purchasing pracices; and                           workers, held from June 21-24, 2014 in Jakarta.
the 2015 Asia Floor Wage igure is PPP$ 1021.
                                                    change at the level of management in the supplier              •   highlighing case studies and tools to ensure       Gap denied invitaions to engage with workers
These wage igures are then converted into local
                                                    factories. Stated iniiaives include:                               that factory orders are made with a full           at each of these tribunals, despite being noiied
currency (Table 3)(AFWA 2016b).
                                                                                                                       understanding of their potenial impact on          of persistent rights violaions in their supplier
                                                    •   meeing with leaders in the Gap Inc. Sourcing                   workers.                                           factories (Butler 2012; Barria 2014).
                                                        Department to examine any issues related to
24   25

Beter Work                                           Cambodia, workers reported being coached by
                                                     factory management and being unable to engage                     Personal Advancement                                 For context, within the Gurgaon-Kapashera
                                                                                                                                                                            producion area of India’s Delhi-Naional Capital

Programme                                            with brand representaives, external monitors,
                                                     government oicials or Beter Factory Cambodia                      & Career Enhancement                                 Region (NCR) just one garment factory may
                                                                                                                                                                            employ up to 7,000 workers. Put another way, this
                                                     (BFC) monitors. As one worker reported to Human                                                                        programme in aggregate reaches approximately
Gap irst engaged with the ILO in 2001 at the start   Rights Watch:
                                                                                                                       (P.A.C.E)                                            the number of workers in four Gap supplier
of the Beter Factories Cambodia programme.                                                                                                                                  factories.
This iniiaive led to the creaion of the ILO Beter                                                                      In 2014, Gap Inc. became the irst Fortune 500
                                                       Before ILO comes to check, the factory arranges
Work Programme in 2007, which Gap joined as                                                                            Company to announce that it pays female and
                                                       everything. They reduce the quota for us so
a partner. This partnership between the ILO and                                                                        male employees equally for equal work around
                                                       there are fewer pieces on our desks. ILO came
the Internaional Finance Corporaion (IFC) seeks
to help governments, workers and companies
                                                       in the aternoon and we all found out in the
                                                                                                                       the world. Currently women make up more than
                                                                                                                       70% of Gap Inc.’s worldwide employee base,
                                                                                                                                                                            Alliance for Bangladesh
                                                                                                                                                                            Worker Safety
                                                       morning they were coming. They told us to
achieve compliance with the ILO’s core labor                                                                           including in sourcing factories. Addiionally,
                                                       take all the materials and hide it in the stock
standards as well as naional labor laws.                                                                               women currently lead four out of ive Gap Inc.
                                                       room. We are told not to tell them the factory
                                                                                                                       brands.                                              On April 24, 2013, the Rana Plaza, an eight-story
                                                       makes us do overime work for so long. They
In countries where Beter Work programs are             also tell us that is [we] say anything we will lose                                                                  commercial building, collapsed in Savar sub-
established, Gap subscribes to Beter Work                                                                              In order to meet ariculated commitments to           district in the Greater Area of Dhaka, Bangladesh.
                                                       business.
assessment reports and has stopped their own                                                                           gender equality, Gap iniiated the Personal           The Rana Plaza industrial factory ire that
monitoring. In 2011-12 Gap Inc. claims to have                                                                         Advancement and Career Enhancement                   killed 1,139 workers and injured 2,500 more is
                                                     Workers in Cambodia called for mechanisms to
collaborated with Beter Work in Cambodia,                                                                              programme. The P.A.C.E programme aims to             considered the most serious fatal accident to have
                                                     report violaions of rights at work to BFC monitors
Haii, Indonesia, Jordan, Lesotho, Nicaragua, and                                                                       secure skill enhancement for women employees.        occurred in a texile factory in modern history.
                                                     of site wihtout fear of surveillance or retaliaion
Vietnam to monitor more than 90 factories.                                                                             According to Gap, this programme is currently
                                                     by management. Conirming this narraive, BFC
The extent to which Gap engages with the Beter                                                                         acive in 7 countries and more than 25,000
                                                     experts reported to Human Rights Watch that
Work assessment module varies according to                                                                             women have paricipated in the program since
                                                     their monitors were aware of factories coaching
countries. For instance all registered branded                                                                         its incepion in 2007. Gap Inc. has made a
                                                     workers and that they atempted to miigate the
apparel suppliers in Cambodia, Haii, Jordan and                                                                        commitment to scale and expand the program to
                                                     impact of coaching as much as possible. Labour
Lesotho are legally required to paricipate in the                                                                      reach one million women by the end of 2020 (Gap
                                                     rights acivists reported that the eicacy of BFC is
Beter Work program. However, in Vietnam, Beter                                                                         2016c).
                                                     further undermined because factory inspecion
Work monitored approximately 30 percent of           reports are made available to managers and
the factories sourced from over that ime period                                                                        According to a report by the Internaional Center
                                                     brands but not to workers or unions without prior
(2016b).                                                                                                               for Research on Women (ICRW), conducted
                                                     factory authorizaion (Kashyap 2015).
                                                                                                                       by ICRW from 2009 - 2013 at six factory sites
Beter Work Programmes play an important role in                                                                        where P.A.C.E. is implemented - two in India and
                                                     Finally, since Beter Work Programmes are limited
monitoring working condiions in export-oriented                                                                        one each in Cambodia, Vietnam, Bangladesh
                                                     to monitoring and advisory services and lack
factories, including by producing factory reports,                                                                     and China, P.A.C.E. is an efecive, sustainable
                                                     enforcement authority, labour rights acivists
providing technical guidance and supporing                                                                             and scalable model that yields high returns for      Thousands of garment workers and their unions
                                                     have criique the programme on the grounds that
remediaion of labour rights violaions when                                                                             women, their families and the businesses where       rally on the one-year anniversary of the Rana
                                                     lack of transparency and failure to release brand
factories engage their services.                                                                                       they work (ICRW 2013).                               Plaza collapse that killed more than 1,100
                                                     names reduces brand accountability for rights
                                                     violaions in their supply chains (Kashyap 2015).                                                                       garment workers.
However, workers and labour rights acivists                                                                            It is signiicant to note, however, that the number   licensed by the Solidarity Center under CC 2.0
have voiced concerns about factory monitoring                                                                          of women reached by this programme represents
methods, coverage and transparency. For                                                                                a iny fracion of the number of women supply
instance, Human Rights Watch revealed that in                                                                          chain workers employed by Gap worldwide.
26   27

Following the devastating                            To date, Gap has refused
collapse of Rana Plaza,                              to make a contractual
200 brands signed the 2013                           commitment to work with
Accord on Fire and Building                          their suppliers and local and
Safety in Bangladesh—Gap                             international trade unions to
did not.                                             ensure that repairs are made
Following the devastaing collapse of Rana
                                                     and workers have the right to
Plaza, 200 brands signed the 2013 Accord on          refuse dangerous work.
Fire and Building Safety in Bangladesh—Gap did
not. The Accord is a legally-binding agreement       Due in no small part to this egregious refusal to
that commits signatory brands and retailers          join the Accord, in 2014 Gap earned the Public
to require their factories to undergo essenial       Eye Jury Award from the Berne Declaraion and
safety renovaion, provide inancial assistance        Greenpeace Switzerland—an award that aims
to factories to conduct renovaions as needed         to shine a light on the current and most serious
and stop doing business with factories that fail     cases of human rights violaions and disregard fro
to undertake renovaions according to deadlines       environmental protecion and sustainability (CCC
established by the Accord’s independent              2014a).
inspectorate. Accord inspecions are undertaken
by qualiied safety engineers with in-depth
experise in ire, building and electrical safety.

Just months ater Rana Plaza, eight workers
were killed during a ire at the Aswad factory in
Bangladesh, a known Gap supplier. Gap denied
having a relaionship with the company despite
documents clearly showing their involvement
(CCC 2014a).

Instead of signing the Accord, Gap together with
Walmart, founded the Alliance for Bangladesh
Worker Safety. Unlike the legally binding 2013
Accord on Fire and Building Safety, the Alliance
for Bangladesh Worker Safety is a voluntary
measure rather than a contractual commitment.
To date, Gap has refused to make a contractual
commitment to work with their suppliers and
local and internaional trade unions to ensure that        An image of the Rana Plaza building ater the
repairs are made and workers have the right to                                                collapse.
refuse dangerous work.                                                                    Rijans CC 2.0
28   29

                                                                    2000                2003                  2008                  2013

                                         TOTAL (in billion          197.64               233.23               363.87               460.27
                                                US$)
                                               China                 18.25                22.32               33.09                38.55
                                            Bangladesh                2.56                 2.42                3.21                 5.11
                                         Hong Kong, China            12.25                 9.93                7.67                 4.77
                                             Viet Nam                 0.92                 1.49                2.40                 3.74
                                                India                 3.02                 2.71                3.01                 3.66
                                             Indonesia                2.40                 1.74                1.73                 1.67
                                             Cambodia                 0.49                 0.69                0.83                 1.11
                                              Malasia                 1.14                 0.88                1.00                 1.00
                                              Pakistan                1.08                 1.16                1.07                 0.99
                                              Srilanka                1.42                 1.08                0.94                 0.98
                                        Export Share of top          43.54                44.41               54.95                61.57
                                             10 Asians

     Part 3
Asian garment value chains
                                        Export Value of top
                                             10 Asians
                                                                     86.06               103.59

                                       Table 4: Asian countries’ share of global apparel exports, 2000-2013

                                       Globally, Asia tops apparel exports worldwide. In
                                                                                                              199.94               283.38

                                                                                               than in China, Chinese irms retain a compeiive
                                       2013, more than 60% of the 460.27 billion dollars       advantage in the non-labour components of their
                                       in global apparel exports originated from 10 Asian      costs (Ghosh 2015).
                                       countries, including—in order of market share:
                                       China, Bangladesh, Hong Kong, Viet Nam, India,          Due to a range of factors—including poor
                                       Indonesia, Cambodia, Malaysia, Pakistan and Sri         capacity, limited resources, infrastructural needs
                                       Lanka (Table 3).                                        and, in some cases, adverse disposiion towards
                                                                                               protecive labour standards—naional labour
                                       Concentraion of garment producion in Asia can           standards in producing countries remain weak.
                                       be atributed to a range of factors. Low wages,          Proclivity toward driving down labour standards,
                                       government policies, trade pracices, transacion         furthermore, is oten linked to dominant
                                       ime, currency appreciaion and infrastructure            global policy frameworks that prescribe labour
                                       availability all inluence the locaion of global         deregulaion as a prerequisite to atracing
                                       producion network aciviies. For instance, China         investment capital (Ghosh 2015).
                                       has systemaically leveraged economies of scale
                                       through major investment in the infrastructure          The following secions provide an overview of
                                       of supply-chain ciies. These global supply chain        garment value chains in Cambodia, India and
                                       hubs lower transportaion costs and increase the         Indonesia. These country-level overviews provide
                                       rate at which goods enter the market. Accordingly,      basic informaion on market structure and
                                       although labour costs are much lower in India           workforce demographics.
30   31

Cambodia                                            At the time of writing,                                      The US, EU, Canada and Japan are the largest
                                                                                                                 importers of Cambodian garments, texiles and
                                                                                                                                                                        operaions, ranging from export licensed factories
                                                                                                                                                                        with up to 8,000 workers to small, unmarked
                                                    top brands sourcing from                                     shoes (Kashyap 2015). At the ime of wriing, top        factories employing fewer than 100 workers.
Cambodia entered the export-oriented global                                                                      brands sourcing from Cambodia included H&M,            These smaller factories largely ill subcontracts
garment and texile industry in the 1990s with the
                                                    Cambodia include H&M, GAP,
                                                                                                                 GAP, Levi Strauss & Co., Adidas and Target (CCC        for larger suppliers. Outsourcing of producion
passage of the 1993 Consituion of the Kingdom       Levi Strauss & Co., Adidas                                   2016a).                                                to smaller factories may be either authorized or
of Cambodia which established a free market in      and Target (CCC 2016a).                                                                                             unauthorized by apparel brands (Kashyap 2015).
Cambodia (CCC 2016a; CCHR 2014). Between                                                                         The Cambodian garment industry is largely
1995 and 2006, bilateral trade agreements with      Today, garment and texile exports are criical                foreign-owned, with Cambodians owning
the United States, the European Union and                                                                        less than 10% of factories (Kashyap 2015). An
                                                                                                                                                                        Women between the ages
                                                    to the Cambodian economy. In 2013, garments
Canada spurred growth in the garment industry.      accounted for 13% of the Cambodian GDP (CCC                  esimated 85% of garment factories located in           of 18 and 35 dominate
With the excepion of a downturn in 2008 during      2016a). Cambodian global exports amounted to                 Cambodia are foreign controlled, predominantly
the global economic crisis, the industry has show                                                                                                                       the Cambodian garment
                                                    roughly USD 6.48 billion, of which garment and               by investors from China, Hong Kong, Malaysia,
consistent growth (Kashyap 2015). Between 1995      texile exports accounted for USD 4.96 billon. By             Singapore, South Korea and Taiwan (Kashyap             production sector, comprising
and 2014, the sector grew 200-fold (ILO 2015).                                                                   2015; CCC 2016). Foreign owned companies have
                                                    2014, garment exports totaled USD 5.7 billion.                                                                      an estimated 90-95% of the
Women dominate the Cambodian garment producion sector, comprising an esimated 90-92% of the                      kept the producion processes within Cambodia
                                                                                                                 limited. The majority of factories undertake “cut-     industry’s estimated 700,000
industry’s 700,000 workers.
Cambodian garment workers, exact locaion undisclosed, by Asia Floor Wage Alliance.                               make-trim” producion funcions—manufacturing            workers
                                                                                                                 clothes from imported texiles based upon designs
                                                                                                                 provided by internaional buyers. This exclusive        Women between the ages of 18 and 35 dominate
                                                                                                                 focus on producing garments circumscribes the          the Cambodian garment producion sector,
                                                                                                                 range of employment available to irms and              comprising an esimated 90-95% of the industry’s
                                                                                                                 workers in Cambodia (Ghosh 2015).                      esimated 700,000 workers (Barria 2014; Kashyap
                                                                                                                                                                        2015). These numbers do not, however, include
                                                                                                                 Phnom Penh is a hub for garment factories.             women engaged in seasonal, home-based
                                                                                                                 However, garment producion has expanded                garment work (Finster 2015; Kashyap 2015).
                                                                                                                 to other areas, including the adjoining Kandal
                                                                                                                 province. In these areas, factories vary in size and
                                                                                                                                                                        Cambodian garment workers
                                                                                                                                                                        were found to intake an
                                                                                                                                                                        average of 1598 calories
                                                                                                                                                                        per day, around half the
                                                                                                                                                                        recommended amount for
                                                                                                                                                                        a woman working in an
                                                                                                                                                                        industrial context
                                                                                                                                                                        The garment industry has been a major source
                                                                                                                                                                        of employment for young women from rural
                                                                                                                                                                        areas who migrate for employment to garment
                                                                                                                                                                        producion hubs (McMullen 2013). In a February
32   33

2012 hearing before the Permanent People’s                                                                              minimum wage of USD 66 in November 2011 is             transparency in BFC monitoring and reporing.
Tribunal held in Phnom Penh Cambodia, Asia                                                                              the result of signiicant wage protests in recent       In March 2014, BFC launched a Transparency
Floor Wage Alliance-Cambodia (AFWA-C) reported                                                                          years that succeeded in gaining progressive            Database that publicly names 10 low compliance
that these internal migrants work far from their                                                                        minimum wage increases between 2011 and                factories every three months.
families and communiies and are thereby cut of                                                                          2015 (Figure 3). Wages are also increased through
from tradiional support networks. Despite their                                                                         the addiion of bonuses, including transport,           Brands can paricipate in BFC by endorsing BFC,
numerical majority within the garment sector,                                                                           atendance, health and seniority bonuses                purchasing monitoring reports, employing BFC
they remain within low skill level employment and                                                                       (McMullen 2016). Current minimum wages,                training and advisory services and joining the BFC
rarely reach leadership posiions in their unions                                                                        however, sill fall short of the USD 177 per month      buyers forum—a plaform that brings together
(Barria 2014).                                                                                                          called for by garment workers and unions.              buyers, government authoriies, factories and
                                                        Figure 3: Progressive increase in Cambodian                                                                            unions to discuss key concerns and possible ways
Malnutriion is also prevalent among Cambodian           minimum wages, 2012-2016                                        Beter Factories Cambodia                               forward.
garment workers. Data gathered by tracking
monthly food purchases by 95 workers employed           Irrespecive of their size. Provisions of the 1997               In 1999, Cambodia signed the Texiles and               BFC has been upheld as a model for the IFC-ILO
in a range of garment factories in Cambodia,            law regulate working condiions in factories,                    Apparel Trade Agreement (TATA) with the United         Beter Work Programme that operates in other
compared with recommended amounts and                   including protecion against discriminaion,                      States, under which the United States imposed          garment producing countries, including Vietnam,
workers’ Body Mass Index (BMI), revealed that           wages, overime work, minimum age, pregnancy                     quotas to imports from Cambodia. Under TATA,           Indonesia, Bangladesha and Haii. Although BFC
workers were found to intake an average of 1598         enitlements, leave and occupaional health and                   Cambodia’s import quotes were to be increased          monitors some subcontractors that supply to
calories per day, around half the recommended           safety standards. The Labour Ministry has also                  annually in exchange for a gradual improvement         export licensed factories, mandatory monitoring
amount for a woman working in an industrial             issued model internal factory regulaions. Despite               in working condiions in the factories, in              is limited to export-oriented factories (Kashyap
context (McMullen 2013).                                these protecive measures, enforcement of these                  compliance with domesic and internaional               2015).
                                                        standards is weak. This is due in part to ineicient             labour laws and standards. In 2001, in order to
Sexual harassment is a signiicant concern               labour inspecions, corrupion and rapid                          monitor compliance with TATA, the Internaional         Garment Manufacturers
for women workers but due to lack of legal              expansion of the number of factories in Cambodia                Labour Organizaion (ILO) created Beter Factories       Associaion in Cambodia
awareness, women rarely if ever seek access to          (Kashyap 2015).                                                 Cambodia (BFC). BFC, a third-party monitor, is
jusice in cases of abuse (Barria 2014).                                                                                 tasked with monitoring factories with an export        In 1999, the Garment Manufacturers Associaion
                                                        A 2011 government regulaion outlines a set of                   license. Although TATA expired in 2004, the BFC        in Cambodia (GMAC) was established with the
Labour protecions                                       permission and noiicaions for suppliers engaged                 coninues to monitor compliance with labour             expressed purpose of increasing collaboraion
                                                        in subcontracing. The government also set up an                 laws and standards within the garment industry.        between all stakeholders, including the
Aricle 36 of the 1993 Consituion of Cambodia            inter-ministerial commission comprising members                 Paricipaion in the BFC monitoring programme            Cambodian government, to create a beter
provides for basic labour rights, including the right   drawn from Labour, Commerce and Interior                        is required in order to hold a government export       business environment. GMAC was oicially
to freely chose employment, equal pay for equal         Ministeries to trace unregistered subcontractor                 license (CCHR 2014). According to January 2015         registered with the Ministry of Social Afairs,
work, recogniion of household work, the right           factories and ensure labour compliance. Under                   data, BFC monitors 536 garment and 12 footwear         Labour, Veteran and Youth Afairs as an employer
to obtain social security and other social beneits      these guidelines, factories with export licenses                factories (Kashyap 2015).                              organizaion. In 2014, GMAC members included
and the right to form and to be members of trade        subcontracing to unregistered factories can face                                                                       593 diferent garment and footwear factories
unions.                                                 temporary suspension of their export licenses and               BFC publishes an overview of working condiions         operaing across Cambodia. In pracice,
                                                        repeat ofenders may have their licenses evoked                  within factories through synthesis reports.            GMAC acts as a powerful lobby for garment
The Cambodian Labour Ministry is responsible            (Kashyap 2015).                                                 Factory-level monitoring reports are made              manufacturers to inluence the Cambodian
for establishing policy standards and engaging in                                                                       available to factories free of cost and internaional   government to implement business friendly
monitoring and compliance. The 1997 Cambodian           In October 2015, the Cambodian government                       brands for a cost. Third paries, including labour      policies and legislaion (CCHR 2015).
Labour Law governs all garment factories.               announced a revised minimum wage of USD                         unions and NGOs are unable to access monitoring
                                                        140 per month. This marked increase from the                    reports unless the factory authorizes access.
                                                                                                                        Labour rights groups have called for greater
34   35

                                                                                                                   widespread informalizaion of the workforce.          migrant workers. These employment strategies
India                                                                                                              Within the texile industry, this trend has been      are also used to restrict collecive bargaining
                                                                                                                   most apparent in the ready-made garment              and reduce the bargaining power of unions. As
In 2014, the Indian textile and                                                                                    industry, which has become a leading outsourcing     a result, jobs that were once associated with
                                                                                                                   desinaion for TNCs over the past two decades         regulated wages and labour standards governing
garment industry employed                                                                                          (Sridhar 2014).                                      paid leave, maternity beneits, workplace safety,
45 million workers.                                                                                                                                                     reirement and other non-wage beneits are now
                                                                                                                   Approximately 60% of garment workers in India        uncertain, unpredictable and risky for workers.
Since the adopion of liberalized economic policies                                                                 are women, although workplace demographics
during the economic reforms of 1991, the Indian                                                                    shit depending upon the region (Kane 2015). Long     In 2015, the Indian government proposed a
export garment industry has emerged as one                                                                         working hours, hazardous working condiions,          series of labour laws changes that would further
of the leading industrial segments in the Indian                                                                   lack of basic services such as irst aid, drinking    weaken protecion for workers in the garment
economy. Export earnings of the apparel industry                                                                   water and sanitaion afect women workers more         industry. The proposed 2015 Drat Code on Wages
alone were valued at USD 15.7 billon in 2014 and                                                                   severely than men (Chen 2007). Women workers         dilutes protecive standards, including minimum
combined texile and apparel export earnings                                                                        are also paricularly vulnerable to lewd comments,    wage standards, prohibiions on gender-based
were valued at USD 40 billion. In 2013, texiles                                                                    sexist taunts and other forms of harassment          discriminaion in remuneraion and protected
and clothing contributed 4% to the gross domesic                                                                   from supervisors and male employees. Extended        bonuses; opens the door to rights abuses,
product. In 2014, the Indian texile and garment      A majority of workers are migrants who migrate                hours in the informal garment sector also            including arbitrary and illegal wage deducions
industry employed 45 million workers. Despite the    to the industrial clusters from Andhra Pradesh,               places women workers in extremely unsafe and         and forced labour; and undermines accountability
signiicant segment of Indian workers employed        Bihar, Jharkhand, Karnataka, Madhya Pradesh,                  precarious scenarios. They must travel at night      by dismantling labour law inspecion and
in the garment industry, naional level data          Maharashtra, Tamil Nadu, Utar Pradesh and                     through poorly lit areas where they face growing     accountability mechanisms, restricing the
on economic and social proile of the garment         West Bengal (ICN 2016). For instance, up to 80%               incidences of rape, sexual assault and physical      funcioning of workers organizaions and trade
workforce remain alarmingly thin (Kane 2015).        of garment workers in Bangalore are believed                  violence. Women workers are also rarely given        unions and systemaically undermining access to
                                                     to be migrant workers (Bain 2016). Despite the                sick leave and denied pay during maternity leave     jusice (Bhatacharjee 2016).
Today, the major hubs of                             staggering presence of low wage migrant workers               in violaion of the Maternity Beneit Act, 1961.
                                                                                                                   The vulnerability of unorganized sector women        The proposed 2015 Drat Code on Industrial
                                                     in the unorganized sector and their signiicant
garment manufacturing                                economic contribuions, there are large gaps in                garment workers is heightened since most are         Relaions undermines the rights of trade unions
are located in the industrial                        government and civil society services to protect              from socially weaker or marginalized secions of      by creaing barriers to registraion, imposing
                                                     their rights. For instance, India’s Inter-State               the society. Their ability to bargain collecively    restricions on union governance structures,
clusters of the Delhi-National                       Migrant Workmen Act, 1979, aims to regulate                   is further undermined by high levels of labour       reducing obstacles to canceling union registraion
Capital Region (NCR),                                working condiions but is inadequate and                       mobility within the garment sector.                  and prohibiing strikes and lockouts. Workers are
                                                     unimplemented, with no gender perspecive (Roy                                                                      also increasingly vulnerable to retrenchment and
Bangalore in Karnataka,                              2015).                                                        Labour law changes                                   changes in service without prior noice. The 2015
Ludhiana in Punjab, Mumbai                                                                                                                                              Drat Code on Industrial Relaions simultaneously
                                                     Modernizaion of the Indian texile industry has                Proliferaion of unorganized work within India’s      weakens accountability for upholding labour
in Maharashtra, Jaipur in                            been pursued vigorously since the mid-1980s with              garment sector has led to a sharp increase in        standards by diluing government inspecion
Rajasthan, Kolkata in West                           the eliminaion of the licensing regime, quotas,               the number of precarious workers engaged             authority, removing exising arbitraion forums
                                                     and quanitaive restricions in an atempt to                    in work that was once protected. Common              and appeals mechanisms and lowering incenives
Bengal and Tirupur in Tamil                                                                                        employment pracices to transform protected           to speedily resolve industrial disputes. Finally,
                                                     atract state-of-the-art machinery and technology,
Nadu (Roy 2015).                                     know-how and skill sets from abroad. The massive              work into precarious work include use of short-      standing orders—establishing condiions and
                                                     drive towards modernizing the texile industry                 term contracts, casualizaion, use of labour supply   regulaions—no longer apply to establishments
                                                     has gone hand-in-hand with irms resoring to                   agencies and employment of foreign and domesic       with less than 100 workers. Standing orders,
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