Asia

Factory Fire in Bangladesh Kills 7 and Brings Into Question the Country’s Commitment to Labor Rights

By Irving Feng
Impunity Watch Reporter, Asia

DHAKA, Bangladesh – Questions of worker safety and possible foul play are raised after seven workers die in blaze at a small factory in Bangladesh.

Survivor, Laiju, stands inside the damaged factory after the fire claimed the lives of her fellow employees. (Photo courtesy of The Times of Northwestern India)

On Saturday, a fire ravaged a small factory owned by Smart Exports Garment Ltd in the Dhaka metropolitan area.  Roughly 50 people were injured in the stampede, 6 had to be rushed to the hospital and at least 7 women workers were found trampled to death amidst the chaos.

Executive Director of the Bangladesh Center for Workers Solidarity, Kalpona Akter, reported that Smart Exports Garment Ltd had been subcontracted to fill orders by other garment factories.  This particular company was not a member of the Bangladesh garments Manufacturers and Exporters Association.  Lacking membership, the company was unlicensed by fire prevention and labor governing bodies.

Factory worker, Raushan Ara, reported to a local newspaper that the emergency exit was locked when workers tried to flee the blaze.  Spectators reported that some of the trapped workers attempted to jump out of second story windows.

Jahangir Kabir Nanak, a government official, has been assigned to investigate the possibility of foul play due to the allegations that the emergency exit was locked, trapping many of the workers inside the factor during the fire.

Altaf Hossain, father of one of the casualties sustained in the fire, is seeking legal action, bringing cases of negligence against three of the directors of the factory.  The police have begun their own independent investigation into the alleged crimes.

Abdul Halim, a fire official, has reported that the actual cause of the fire continues to remain a mystery as the fire department continues their investigation.  Preliminary findings suggest that the fire was caused by electrical short circuit in the upper floor of the two-story building.

International labor rights groups, including The Worker Rights Consortium, Clean Clothes Campaign, the Institute for Global Labor and Human Rights, and the International Labor Rights Forum, have called for better accountability in the apparel industry to improve garment workers’ rights in this part of the world.

The large brand companies that contract these factories to make their clothing continue to keep their internal audit and investigation results secret, marginalize trade unions, and simply walk away from these types of tragedies when convenient.

Bangladesh currently operates roughly 4,500 garment factories and is one of the world’s largest exporters of clothing.  The garment manufacturing industry currently makes up about 80% of Bangladesh’s $24 billion in annual exports.

It is unclear whether or not the clothing made in this particular factory was destined for western markets as initial reports have been conflicting.  This tragedy comes merely two months after one of Bangladesh’s worst factory fires which occurred in the Tazreen Fashions Ltd factory, killing 112 workers and injuring 150 others.

For further information, please see:

The Global Times – Foreign labels found in latest Bangladesh factory fire – 27 January 2013

The Times of Northwestern India – Bangladesh probing if factory’s 1 exit was locked – 27 January 2013

Reuters – Labor rights groups seek action after Bangladesh factory blaze – 27 January 2013

Belfast Telegraph – Bangladesh factory fire kills seven – 26 January 2013

Apple Terminates Contract with Supplier Using Underage Workers

By Karen Diep
Impunity Watch Reporter, Asia

BEIJING, China – Yesterday, Apple terminated its contract with Chinese circuit manufacturer, Guangdong Real Faith Pingzhou Electronics Co. Ltd., after learning that seventy-four (74) workers were underage.

Apple logo on a rainbow backdrop. (Photo Courtesy of Huffington Post)

“Given the high turnover rate in the factories and the production pressure in the peak season, the factories may not strictly comply with labor laws and the code of conduct,” shared Debby Chan, a spokeswoman for Hong Kong-based Students and Scholars Against Corporate Misbehavior.

After being criticized for working conditions of suppliers including Foxconn, Apple joined the Fair Labor Association last year.

Apple has conducted three hundred and ninety three (393) audits, a 72% increase from 2011, of its suppliers as part of its investigation of staff working conditions.

Per The Telegraph, Apple has audited both small and subsidiary suppliers and larger ones such as Korea’s Samsung Electronics Co, for working conditions. From the foregoing audits, Apple learned that 95% of the sites conformed with underage labor requirements.

According to BBC News, Apple relayed that a regional recruitment company, Shenzhen Quanshun Human Resources Co., Ltd., provided the underage workers to PZ and even supplied said workers with false identity papers.  As a result, Shenzhen Quanshun Human Resources Co., Ltd.’s business license has been revoked.

Guangdong Real Faith Pingzhou Electronics Co Ltd, or PZ, makes “a standard circuit board component used by many other companies in other industries,” read a report. Moreover, the report stated that 92% of the 1.5 million workers covered by the audit worked a maximum of 60 hours per week.

“We go deep in the supply chain to find it,” explained Jeff Williams, Apple’s Senior Vice-President of Operations.  “And when we do find it, we ensure that the under-age workers are taken care of, the suppliers are dealt with,” continued Mr. Williams.

In October 2012, Foxconn, a China-based iPhone and iPad manufacturer, Foxconn confessed to hiring 14-year-old interns in one of its factories.

“We recognise that full responsibility for these violations rests with our company and we have apologised to each of the students for our role in this action,” read a statement Foxconn issued.

For more information, please see:

BBC News – Under-age workers found in Apple supply audit – January 25, 2013

Bloomberg – Apple Says China Agent Forged Papers for Underage Workers – January 25, 2013

The Telegraph – Apple audit finds underage workers in China – January 25, 2013

 

Former Nepalese Colonel Appears Before Court for Torture Charges

By Karen Diep
Impunity Watch Reporter, Asia

KATHMANDU, Nepal – Yesterday, former Nepalese Colonel Kumar Lama, 46, appeared at a 40-minute preliminary hearing before Judge Fulford in London’s Old Bailey Court for two charges of torture.

The Old Bailey where Mr. Lama appeared before Judge Fulford. (Photo Courtesy of The Guardian)

Mr. Lama, a current British resident, is accused of inflicting severe pain or suffering while commanding a Nepalese army barracks in 2005. According to The Guardian, the purported crimes occurred at the Gorusinghe army barracks in Kapilvastu, Nepal, between April 15, 2005 and May 1, 2005.

The charges against Mr. Lama relate to two men, Janak Bahadur Raut and Karam Hussain, under the Criminal Justice Act of 1988, Section 134.

According to France 24, London’s Metropolitan Police clarified that because torture is a crime prosecuted under international jurisdiction, they were required to arrest Mr. Lama. A prior concern was that the alleged crimes occurred in Nepal and therefore, London authorities possessed no right to detain Mr. Lama.

Nonetheless, London’s Metropolitan Police stated that no charges have been brought by the Nepalese authorities, who are currently demanding Mr. Lama’s release.

If jurisdiction holds, Mr. Lama’s case will be the first in Nepal’s history that a serving security officer has been arrested in foreign land in human rights violation case under universal jurisdiction.

The provisional date for the trial is June 2, 2013, in London’s Kingston Crown Court and is an projected to last between four and six weeks. A case management and plea hearing will is set for May 10, 2013. Mr. Lama is currently in custody after the court denied his application for bail.

“We have no option except waiting for the next hearing and subsequent court ruling,” Deputy Prime Minister and Minister for Foreign Affairs Narayan Kaji Shrestha relayed to The Himalayan Times.

To defend Mr. Lama, Nepal’s embassy in England hired London solicitor on criminal justice, Caplan and his Kingsley Napley firm associate, Barness. Prior to his representation of Mr. Lama, Mr. Caplan defended Former Chilean President Augusto Pinochet.

Neither the police nor the Crown Prosecution Service gave additional information regarding the case’s background or the circumstances until said information arrives in court.

Before his arrest last year, Mr. Lama served as a UN peacekeeper in South Sudan and was to return.

For more information, please see:

The Guardian – Nepal torture suspect appears in court – January 24, 2013

The Himalayan Times – London court dismisses Col Lama’s bail plea – January 24, 2013

France 24 – Nepalese colonel to face torture trial in London – January 24, 2013

Demonstrators display the dead bodies of fallen civilians in Peshawar to protest military barbarism

By Irving Feng
Impunity Watch Reporter, Asia

PESHAWAR, Pakistan – Thousands of demonstrators took to the streets of Peshawar to protest the alleged extra-judicial killings carried out by Pakistani paramilitary forces.

Demonstrators display dead bodies in protest in Peshawar. (Photo Courtesy of The News International)

The Frontier Corps, a division of paramilitary forces in Pakistan, has been blamed for 18 deaths which resulted from overnight raids in the Khyber tribal area.  The paramilitary forces have been fighting Islamic militants in the area and were conducting a late night raid when the deaths occurred.

Human rights groups and local residents of the tribal area say that the operations carried out by the Pakistani military frequently cause civilian deaths.  The bodies of the dead were found by local residents discarded on the side of a road.

The protestors openly displayed the bodies of the dead in Peshawar in public areas and across the street from the governor’s house to mourn the deaths of family members and to demand vengeance for the wrongful actions of the paramilitary forces.

This strategy of displaying the wrapped dead bodies is very rare and used sparsely by protestors to make a point to local governments.  Anti-military slogans were also shouted at army officials and other government officials.  One of the signs displayed by the protestors read, “We are also Pakistanis.  Don’t kill us.”

The protestors called for a stop to the military operations in the Khyber tribal area of Pakistan where frequent military exercises and raids of this type are carried out.  The protestors also called for the government to compensate the victims and their families and to end a five year old curfew still enforced in the area.

Pakistani police in the city of Peshawar responded to the protestors with barrages of tear gas.  The police forces, desperate to keep peace in the volatile city, also used water cannons to disperse the scores of protestors outside of the governor’s house.

Protestors are at a loss as to where to seek justice for these alleged extra-judicial killings.  The locals believe that there is nowhere to turn for help to stymie the growth of barbarism perpetrated by the Frontier Corps and their fellow citizens continue to be murdered in cold blood.

The leaders of the paramilitary forces, however, have privately denied responsibility for the deaths of the 18 civilians that were dumped on the side of the road and used in the demonstrations by protestors in Peshawar.  The paramilitary forces are simply doing their jobs to rid Pakistan of the Islamic militants.

Locals vehemently contend that the tribal people in the Khyber region are being persecuted by both the paramilitary forces and the militants.  The civilians are essentially caught in the middle of the two conflicting groups.  Amnesty International accused Pakistani officials last month of failing to remedy the thousands of human rights abuses prevalent in this area.

For further information, please see:

Al Jazeera – Pakistan protests move to Peshawar – 17 January 21 2013

BBC – Pakistan police use tear gas to disperse ‘dead bodies’ protest – 17 January 2013

Global Times – People protest against overnight raid in Pakistan – 17 January 2013

The News International – Protest demonstration ends in Peshawar – 17 January 2013

The Star – Pakistanis pile bodies outside governor’s house in protest – 16 January 2013

Comedian gets 2 years in prison for insulting the king of thailand

By Irving Feng
Impunity Watch Reporter, Asia

BANGKOK, Thailand – Thai comedian, Yossawaris Chuklom, was sentenced to two years in prison by a local judge after making insulting remarks against the Thai Monarchy in a political demonstration speech from 2010.

King Bhumibol Adulyade (Left) and the “red-shirt” group protests (Right). (Photo Courtesy of The Telegraph)

Yossawaris Chuklom, age 54, who uses the stage name Jeng Dokchik, made the insulting remarks during a mass political rally in Bangkok.  He is a key member of the “red-shirt” political movement which supported exiled Prime Minister Thaksin Shinawatra.

Thaksin Shinawatra was ousted by a military coup in 2006 during a period of extreme political upheaval.  The “red-shirt” group occupied different parts of the Thai capital of Bangkok in March of 2010 to support the exiled Thaksin Shinawatra and demanded the resignation of then Prime Minister Abhisit Vejjajiva.

During the political unrest staged by the “red-shirt” group where Yossawaris Chuklom made his allegedly insulting remarks against the Thai Monarchy, roughly 90 people, both civilian and government soldiers were killed.  The ordeal lasted about two months.

Yossawaris Chuklom was convicted for his crimes under Thailand’s strict lese majeste laws which punish any person who defames the Thai king, queen, heirs, or regents.  The maximum penalty under these laws is up to 15 years in prison.

Chuklom was originally sentenced to three years in prison; however, the judge reduced the sentence from three years to the current sentence of two after Chuklom gave up useful evidence.  Yossawaris Chuklom also faces separate state terrorism charges for his role in the 2010 “red-shirt” group street protests in Bangkok.

Chuklom’s lawyer, Thamrong Lakdaen, says that his client intends to post bail and appeal the unfair sentence.  Pundits and critics say that Thailand’s lese majeste laws are only in place to suppress freedom of speech and have no legitimate legal purpose.

Yossawaris Chuklom also currently serves as an advisor to Thailand’s deputy minister of commerce.  The deputy minister serves under a government led by exiled Prime Minister Thaksin Shinawatra’s sister who came into power after elections in 2011.

Chuklom’s ties to Thaksin’s sister and his ties to the “red-shirt” group have all been cited as possible activities that have led to his unfair sentencing and incarceration.  This has been used as further fuel by critics to question the legitimacy of the lese majeste laws.

The Thai Monarchy however is highly revered in the country by a vast amount of the population.  The lese majeste laws are intended to provide Bhumibol Adjulyadej, the 85 year old king and head of the Thai Monarchy, protection.

For further information, please see:

BBC – Thai comedian and ‘red-shirt’ leader jailed for royal insult – 17 January 2013

The Telegraph – Thai comedian sentenced for insulting monarchy – 17 January 2013

The Star – Comedian gets 2 years’ jail for insulting Thai royals – 17 January 2013

The Southern Illinoisan – Thai Red Shirt gets jail term for anti-king speech – 16 January 2013