Activist Groups File a New Complaint Against Clothing Firms Over Uyghur Forced Labor

31-05-2023

Marios Putro

South and East Asia Human Rights Researcher,

Global Human Rights Defence.

Activist groups have filed a fresh complaint against apparel and fashion companies, requesting a further inquiry into alleged human rights abuses against the Uyghur minority in China's Xinjiang region (J. Ryall, 2023). The complaint was made against the clothing companies Uniqlo, SMCP, Inditex, and Skechers USA with a civil party petition before the Paris Tribunal on May 17 by the anticorruption campaign agency Sherpa, the Ethics on Labels collective, the European Uyghur Institute, and an Uyghur woman detained in a camp in Xinjiang. The inquiry that will be conducted is pertinent to the relationship between the revenues of the multinational clothing businesses and the use of Uyghur forced labor to produce their goods (Sherpa, 2023)  According to the lawsuit, four crimes—crimes against humanity, genocide, aggravated bondage, and people trafficking in an organised gang—were concealed. According to Article 321-1 of the French Criminal Code, concealment is the illegal act of possessing or giving away something that was obtained via criminal activity or as a benefit from it. 20% of the world's cotton is produced in the Xinjiang region, therefore 1 in 5 clothes might be made using Uyghur forced labor, according to the activist groups' statement. Additionally, global corporations utilizing cotton from that area or using subcontractors who receive government subsidies in China cannot disregard the possibility that their goods were produced using Uyghur forced labor (Sherpa, 2023).

Previously, the same parties, filed their first complaint with the Paris Prosecution Office, on April 12, 2021, against several multinational clothing companies. The French Judiciary in response, announced the initiation of an investigation into the crime of concealment of crimes against humanity on July 2 of that same year. The Public Prosecutor dropped the complaint on April 12, 2023, on the grounds that the anti-terrorism prosecution office lacked authority (Sherpa, 2023).

Inditex had denied the accusations claiming that the company has strict traceability measures in place to guarantee the product’s provenance and a zero-tolerance stance against any form of forced labor (Agence France-Presse, 2023). Fast Retailing showed their willingness to cooperate with the investigation team and reaffirm that there is no link with forced labor in their supply chains. Lastly, SPMC said that they had already denied the accusations with the greatest firmness (Agence France-Presse, 2023).

Lastly, all states and business enterprises, both transnational and others, no matter their size, sector, location, ownership, and structure are bound by the UN’s Guiding Principles on Business and Human Rights (United Nations Human Rights Office of the High Commissioner, 2011). According to the general principles: 

1. a) States’ are obliged to respect, protect and fulfil human rights and fundamental freedoms; (b) business enterprises should act as specialized organs of society performing specialized functions, required to comply with all applicable laws and to respect human rights; (c) the need for rights and obligations should be matched to appropriate and effective remedies when breached (United Nations Human Rights Office of the High Commissioner, 2011).

Sources and further readings: 

Agence France-Presse. (2023, May 17). Fashion Groups Face New Uyghur Forced Labor Complaint in France. VOA. https://www.voanews.com/a/fashion-groups-face-new-uyghur-forced-labor-complaint-in-france/7097739.html 

Ryall, J. (2023, May 25). Uyghur rights: Clothing firms under fire over forced labor. dw.com. https://www.dw.com/en/uyghur-rights-clothing-firms-under-fire-over-forced-labor/a-65732080

Sherpa, A. (2023). Uyghur forced labor: NGOs file new complaint requesting judicial investigation against garment companies. Sherpa. https://www.asso-sherpa.org/uyghur-forced-labor-ngos-file-new-complaint-requesting-judicial-investigation-against-garment-companies

United Nations Human Rights Office of the High Commissioner. (2011). Guiding Principles on Business and Human Rights (HR/PUB/11/04). United Nations. Retrieved June 14, 2023, from https://www.ohchr.org/sites/default/files/documents/publications/guidingprinciplesbusinesshr_en.pdf