Reset: Corporate Social Responsibility in The Global Electronics Supply Chain
Reset: Corporate Social Responsibility in The Global Electronics Supply Chain
Title Reset. Corporate social responsibility in the global electronics supply chain.
Date October 2009
Text GoodElectronics Pauline Overeem & CSR Platform (MVO Platform)
Design Annelies Vlasblom
Editing Elise Reynolds
Photos Chris Gregerson (page 5), International Metalworkers’ Federation/Manfred Vollmer (page 19),
Greenpeace/Kate Davison (page 55), Basel Action Network (page 65), Johan Spanner (page 83)
Printed by PrimaveraQuint
ISBN 9789071284403
Contact details
GoodElectronics
[email protected]
www.goodelectronics.org
This publication is financed by the Dutch Ministry of Housing, Spatial Planning and the Environment (VROM).
This publication is licensed under the Creative Commons Attribution-Non-Commercial 3.0 Netherlands License. It is possible to
copy, distribute, and display this report and to make derivative works under the following conditions: 1) Attribution. You must give
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Table of contents
Part 1. Introduction 5
Introduction 6
Readers’ guide 8
Basic operational principles 9
The global electronics industry at a glance 17
Part 5. References 83
Part 1.
Introduction
Introduction
T
his publication provides an overview of wages are no exception. Supply chain responsi-
CSR issues that are relevant for the global bility is a key concept when it comes to making
electronics sector. It is a joint initiative companies deal with issues ranging from sourcing
by the Dutch CSR Platform (MVO Platform) and conflict commodities to responsible disposal of
GoodElectronics. The publication is based on obsolete electronic equipment.
the 2007 CSR Frame of Reference published by
the CSR Platform which reflects the Platform’s This publication reveals that corporate social
vision on corporate social responsibility. The CSR responsibility is not yet part of what compa-
Frame of Reference describes and defines basic nies in the electronics sector consider as their
standards and principles and gives an outline of core business. Although progress is made on
operational principles essential for the implemen- some aspects, other aspects are not even being
tation of an effective and credible corporate social addressed yet.
responsibility policy.
A renewed and substantially strengthened effort
The CSR Frame of Reference is a general docu- on corporate social responsibility and accountabil-
ment. In this publication the CSR Platform and ity is urgently needed. Initiatives should be evalu-
GoodElectronics aim to apply the general stand- ated and improved constantly. A more serious
ards and principles of the Frame of Reference to involvement of civil society stakeholders, unions in
the electronics sector in particular. Several aspects the first place, is crucial.
(social, environmental and economic) in different
phases of the supply chain (mining, manufactur- The publication is intended for those interested
ing and disposal) are described from a corporate in a more responsible and sustainable electron-
social responsibility perspective. This publication ics sector: the electronics sector itself, as well as
categorises the many problems that the sector stakeholders who are working on improving labour
still faces. Progressive initiatives that are relevant and environmental standards throughout the sec-
to business, government and civil society are tor. Hopefully, anyone interested in the progress in
presented, and concrete recommendations are implementation of corporate social responsibility
formulated. Please note that this publication does in the practice of a globalised complex supply
not pretend to be exhaustive. The analyses and chains will gain from this information, including
recommendations put forward derive from diverse companies in other sectors, policymakers and
civil society sources, including participants to the consumers who care to know more about the
CSR Platform and the GoodElectronics network. products they use daily.
Not all views are necessarily shared by all, how-
ever.
The Dutch CSR Platform (MVO Platform) is a GoodElectronics is an international network bring-
network of Dutch civil society organisations and ing together NGOs, trade unions, labour rights
trade unions that are working together to promote groups, environmental organisations, academics,
Corporate Social Responsibility (CSR). researchers, activists, etc with as common goal to
The goal of the CSR Platform is to stimulate, contribute to sustainability and human rights in the
facilitate and coordinate activities of the different global electronics sector.
organisations in order to reinforce each other’s
efforts. The emphasis of the CSR Platform lies on
issues dealing with CSR in developing countries.
Part 1. Introduction 9
Readers’ Guide
T
his publication comprises four parts: For each of these three phases, social, envi-
Introduction, Social aspects, Environmen- ronmental as well as economic aspects may be
tal aspects and Economic aspects. Each relevant, to varying degrees. Labour issues occur
thematic section consists of a number of chapters, during each of the three phases.
each dealing with its own specific topic.
By Social aspects we mean human rights and
In the introductory chapter it is explained how labour rights issues, with a chapter on conflict
this publication came about as an initiative of commodities as well as chapters on organising
the Dutch CSR Platform (MVO Platform) and the and collective bargaining, security of employment,
GoodElectronics network. In a separate chapter discrimination and migrant labour, among others.
the basic operational principles that the CSR Gender is discussed as an overarching theme –
Platform and GoodElectronics consider essential linked to the three distinct phases and a number
for the implementation of an effective and cred- of topics.
ible CSR policy are explained. These essential
principles include supply chain responsibility, In the part on Environmental aspects, attention is
stakeholder involvement, transparency, report- paid to issues such as climate change, greenhous
ing, and complaints procedures. In this chapter gases, and pollution.
a critical view is taken of the effectiveness of the
codes of conduct currently in use by electronics The part on Economic aspects deals with issues
companies. Suggestions are also provided of how such as trade and dumping, taxation and purchas-
companies can further enhance their social and ing practices.
environmental performance, including investing in
mature industrial relations, worker education and Each chapter is made up of four paragraphs:
collaboration among buyers and suppliers. A final Issues, Standards, Existing initiatives and Rec-
introductory chapter provides a brief overview of ommended steps. The first paragraph presents
the current global electronics industry from a CSR the issues inherent to the chapter’s topic. The
perspective. paragraph on standards gives the internation-
ally adopted standards and accepted principles
In the global electronics supply chain different relevant for the topic of the chapter. Progressive
phases can be distinguished. In this publication initiatives that are relevant to business, govern-
we speak of three different phases: the extrac- ment and civil society are presented in the third
tives phase – in which metals used in electronic paragraph. In the last paragraph concrete recom-
products are mined; the production phase – during mendations are formulated.
which electronic products are assembled and
manufactured; and the disposal phase – during As many issues are interrelated, there are quite
which redundant or obsolete products are dis- some linkages between the different chapters, in
posed of. Each phase has its own visual symbol. some cases there may even be a slight overlap.
Extractives Production and Disposal References of cited works are provided at the end
of the text.
I
n the view of the Dutch CSR Platform (MVO tion on Human Rights (UDHR). In the preamble of
Platform) and GoodElectronics, there are the Declaration, “every organ of society” (which
a number of general principles which are includes the corporate sector) is called upon
essential for the implementation of an effective to take “progressive measures” so as to “pro-
and credible CSR policy. This chapter is based on mote respect for these rights and freedoms and
the 2007 CSR Frame of Reference published by secure their universal and effective recognition
the CSR Platform as well as the joint vision of the and observance”. Two other important standards
participants of the CSR Platform on supply chain should be noted. In the area of labour practices,
responsibility. GoodElectronics is approaching the the ILO Conventions provide an important norma-
electronics industry on the basis of the Com- tive basis, while the 1992 Rio Declaration on
mon Demands, a set of principles elaborated and Environment and Development has a key role with
adopted by the participants of the GoodElectron- regard to the environment.
ics network in 2007. In addition to the standards and treaties prima-
rily oriented towards governments, international
Some elements are derived from recent proposals guidelines and standards that specifically address
by John Ruggie, the Special Representative of the corporate responsibilities have also been devel-
United Nations Secretary-General on business & oped. These include the OECD Guidelines for
human rights. Also included are recent proposals Multinational Enterprises and the ILO Tripartite
by the European Coalition on Corporate Justice Declaration of Principles concerning Multina-
(ECCJ) to improve corporate accountability for tional Enterprises and Social Policy. The OECD
environmental and human rights abuses. Convention on Combating Bribery of Foreign
Public Officials in International Business Transac-
Concrete proposals towards the development and tions deserves special mention. The International
implementation of codes of conduct, remediation Organization for Standardization (ISO) is in the
and complaint procedures were borrowed from the process of developing an International Standard
Clean Clothes Campaign. providing guidelines for social responsibility. This
guidance standard will be published in 2010 as
The general principles on CSR formulated in this ISO 26000 and compliance is voluntary. Although
chapter are put in perspective by linking them to the guidance standard will not include require-
the current state of affairs in the electronics sector. ments and will thus not be a certification standard,
it may be a useful tool for companies interested to
The CSR Frame of Reference is based on relevant improve their CSR performance.
internationally agreed standards, agreements,
operating principles and processes. While inter-
national treaties, declarations, guidelines and Due diligence and duty of care
covenants primarily define the social, ecological
and economic responsibilities of governments, it An important concept advocated by John Ruggie
is clear that they also have a direct and indirect concerns due diligence. Due diligence is pre-
bearing on companies. A primary normative basis sented as a comprehensive, proactive attempt to
can be found within the 1948 Universal Declara- uncover human rights risks, actual and potential,
Part 1. Introduction 11
over the entire life cycle of a project or business Supply chain approach
activity, with the aim of avoiding and mitigating
those risks (Ruggie, 2009). Four core elements of International supply chains are becoming ever
human rights due diligence are: more complex as a result of the
outsourcing of manufacturing and other business
1 companies having a human rights policy; processes. Decisions to outsource activities are
2 companies assessing human rights impacts of frequently motivated by the desire to save costs
company activities; and spread risks. It is precisely for that reason
3 companies integrating those values and find- that companies have to take extra care to avoid
ings into corporate cultures and management violations of CSR standards in their production
systems; and supply chains. Supply chain responsibility
4 and companies tracking as well as reporting is a core concept for companies in this respect.
performance. Supply chain responsibility implies that a company
does all it can to enable, promote and implement
Due diligence comprises reasonable steps by responsible business practices throughout its
companies to become aware of, prevent, and supply chain. The CSR Platform considers three
address adverse impacts of their activities and positions to be important. Firstly, supply chain
relationships. These steps may vary depending transparency and traceability are relevant. In order
on factors such as country context, the nature of to flesh out supply chain responsibility it is neces-
the activity and industry, and the magnitude of sary that companies are more open about the ori-
the investment or exchange. Avoiding complicity gin of their products and about how they deal with
is part and parcel of the responsibility to respect social problems occurring in their supply chains
human rights, and entails acting with due diligence (their supply chain management). Secondly, it is
to avoid knowingly contributing to human rights important to promote supply chain responsibility,
abuses, whether or not there is a risk of legal which companies are currently taking on voluntar-
liability. In short, both operating in contexts where ily and on the basis of self-regulation, in order to
abuses occur and the appearance of benefit- make chains more sustainable. Governments and
ing from such abuses should serve as red flags civil society organisations can stimulate compa-
for companies to ensure that they exercise due nies in this respect in a large number of ways.
diligence, adapted for the specific context of their Thirdly, it is necessary to legally anchor minimum
operations (Ruggie, 2008). requirements for supply chain responsibility in
order to be able to tackle abuses and free riders
A more stringent approach stipulates that parent (supply chain liability).
companies should be held liable for the environ-
mental and human rights impacts of their subsidi- The notion of supply chain responsibility has only
aries and the contractors which they have the right surfaced in the electronics sector pretty recently.
to control. A company should have a duty of care Sony, for example, has been publishing environ-
to ensure that human rights and the environment mental reports since 1994, but it is only as of
are respected throughout its sphere of responsibil- 2000 that some electronics companies started
ity. Companies should take reasonable steps to looking at labour conditions in their supply chains
identify and prevent human rights and environ- (SOMO, 2009).
mental abuses within their sphere of responsibility.
Large companies should be required to report on GoodElectronics and the Dutch CSR Platform
their environmental and human rights impacts and expressly promote supply chain responsibility
risks: large companies should have clear stand- throughout the supply chain, or in other words for
ards to which they report risks and impacts of the overall production cycle of electronic equip-
their activities within their sphere of responsibility ment, from extractives to production to e-waste
(ECCJ, 2009). and recycling. Companies should not limit their
Part 1. Introduction 13
Corporate governance ers, on the basis of a focused risk assessment.
Other companies have looked into the situation in
Companies need effective and transparent corpo- China where independent unions are not allowed,
rate governance in order to operate properly which undermines the freedom of association and
and be trusted to do so by third parties. Corporate collective bargaining. To respond to this situation
governance brought into alignment with CSR, as policies regarding alternative workers’ representa-
well as other criteria, is a vital condition in this tion have been developed.
regard. The company board should ensure that
CSR activities and responsibilities are incorporat-
ed explicitly in corporate policy and that mecha- Developing policy: codes of conduct
nisms and management systems are developed and sector-based initiatives
that are conducive to creating a relationship of
mutual trust between the company and the society The responsibility assumed for CSR by a company
in which it operates. Remuneration of board mem- should be reflected in its policy as expressed in a
bers should be linked to targeted achievements in code of conduct and action plan. In order to avoid
the field of CSR. a plethora of codes, each defined by an individual
company, this is best achieved through a cross-
sector approach, in which sector-level or product-
Analysis of risks and consequences level agreements are made with the entire industry
and in consultation with relevant stakeholders.
Companies should gain an understanding of the
social, environmental and economic conditions in A good code meets certain requirements: it should
any given country, region and/or sector in which be comprehensive, meaning that it should apply to
they operate. Companies should also analyse all workers affected by labour practices for which
the consequences of their business activities in the company has some measure of responsibil-
the supply chain and/or the community so that ity. This includes all workers employed directly by
their business operations can fully comply with the company as well as employees who work in
CSR standards. Solid analyses of the risks and the company’s supply chain, regardless of their
consequences of their business practices allow particular status or relationship to the company.
companies to set priorities and identify which CSR Women workers, migrant workers, and other
elements are particularly at risk. This will include specific groups of precarious workers should be
information on how these risks may be avoided, or explicitly covered. A code should be credible,
what plan may be developed in order to achieve meaning it should include all provisions based on
compliance with these standards within a reason- the ILO Core Conventions, the Tripartite Declara-
able timeframe. tion of Principles, as well as other important work-
place issues that are addressed by the Universal
To take into account the consequences of their Declaration of Human Rights.
business practices throughout the supply chain,
electronics companies should carry out country- To be a useful tool, the company’s code should be
level risk assessments, for each country or region circulated among its employees and the employ-
where they are producing or sourcing from. ees of its suppliers, the code should be available
Next, efforts to mitigate these risks need to be to the public on request, and should be accessible
undertaken. Public reporting on the risk analysis on the company’s website. Efforts should also be
as well as the mitigation of risks should be part made to ensure that workers are informed and
and parcel of the process. Some good practices aware of the code, ideally through explanatory
exist: Apple has formulated clear policy regarding training courses. The code should, for example,
the recruitment and treatment of migrant work- be posted in a prominent place in the workplace in
External verification
Implementation: management system,
internal monitoring Independent verification processes are the final
building block of an effective CSR policy. The
The first step is for companies to monitor their quality, usefulness and credibility of a company’s
own practices in order to establish whether these efforts, as well as the management systems and
are consistent with their internal CSR policies, processes it has introduced, are strengthened by
goals and implementation plans. As is customary independent verification of its CSR programme.
The Electronics Industry Citizenship Coalition (EICC) is an industry initiative promoting a code of
conduct for global electronics supply chains to improve working and environmental conditions. The
EICC membership is available to electronics manufacturers, software firms, ICT firms, and manufac-
turing service providers, including contracted firms that design, manufacture, or provide electronic
goods. The EICC code of conduct claims to provide guidelines for performance and compliance with
critical CSR policies. EICC provides tools to audit compliance with the code, and helps companies
report progress.
Global eSustainability Initiative (GeSI) members are companies or organisations that, as a principal
part of their business, provide a service for the point to point transmission of voice, data or mov-
ing images over a fixed, internet, mobile or personal communication network, or are suppliers of
equipment which is an integral component of the communication network infrastructure. GeSI has
deployed initiatives on climate change, supply chain, energy efficiency, e-waste and public policy.
About 45 companies, both brand name companies as well as suppliers, have adopted the EICC
code of conduct. Many more have developed their own company code. In some cases the individual
company codes have supplemented the EICC code by adding clauses on labour rights. Still, in most
cases, the above formulated code requirements are not met. The EICC code of conduct falls well
short of what is considered to be the threshold standard for a code of conduct. The EICC code is
not based on international standards such as the ILO conventions, but merely refers to the Universal
Declaration of Human Rights and the Ethical Trading Initiative as its sources. Moreover, the EICC
code does not include full references to the right to organise and bargain collectively and the right
to a living wage. Neither does the code set a clear maximum on normal working hours and overtime
hours (SOMO, May 2009).
Part 1. Introduction 15
Independent verification is more than a technical Transparency and reporting
matter merely requiring the involvement of one
or several experts. All those directly involved, for Companies are expected to be transparent about
example the employees or the local community, their policy and to report on their CSR perform-
should be able to verify the extent to which a ance. The following are key transparency and
given company’s CSR policy is being implemented reporting principles:
and enforced. Such independent verification
should be conducted by an organisation without • Reports are relevant, intelligible, accurate,
links to the company that is trusted by all relevant complete and balanced. Other important ele-
stakeholders. ments are: adequate explanation, comparabil-
ity over time, comparability with affiliated firms
(subsidiaries and suppliers), topicality and
Remediation timeliness.
• Supply of information, for example back-
An effective monitoring programme is likely to ground information for labels or quality marks
discover some violations of the company’s code and information made available to the general
of conduct and/or local labour law, since few public.
factories are free of violations. The proper way to • Disclosure of data and consultation.
deal with reported non-compliance is not to cut off • Right of access to information for stakehold-
relations with the concerned supplier. Companies ers, for example consumers, about the origin
should work with factories and stakeholders to and production processes of products and
correct identified problems. services.
Electronics companies are taking steps towards Some electronics companies make use of the
establishing monitoring programmes, but generally Global Reporting Initiative guidelines for dis-
speaking this is still far from common practice closure on economic, social and environmental
in the electronics industry today. In many cases, performance. In July 2003, the Global Reporting
the monitoring element merely amounts to buying Initiative released a pilot version of the Telecom-
companies requesting their suppliers to fill out a munications Sector Supplement as an attempt to
self-assessment questionnaire or to superficial provide sustainability reporting guidance to the
visits by the company’s itself. When external veri- telecom sector that is helpful to service providers
fication is done, it is often limited to irregular visits and manufacturers alike. This Sector Supplement
of auditors who provide snapshots of conditions covers Internal Operations (specific practices
at the time of their visit – and no indication of the related to managing the organisation’s facilities
conditions before or afterwards. These external and infrastructure); Providing Access (approaches
auditors are working for commercial firms and to ensuring equitable access to telecommunica-
are not necessarily well equipped to engage with tion products and services); and Technology
stakeholders. The electronics sector admits that Applications: (indicators to cover the impacts of
there is a problem with the quality and credibility telecommunications products and services). Some
of audits and auditors, especially when it comes to indicators of the Sector Supplement are more
performing workers’ interviews (EICC, 2009). The relevant to equipment manufacturers, others are
industry sees a solution in training and certification better applicable to service providers. Since the
of EICC auditors. There is no mention of inde- telecommunication sector also interfaces with the
pendent auditing, participation of local stakehold- wider information technology sectors, some of the
ers (NGOs, trade unions) in audits, or off-site indicators and commentaries may have applica-
interviews with workers. tion beyond the telecommunication companies,
according to GRI. The Telecommunications Sector
Part 1. Introduction 17
name companies and suppliers with trade unions industrial relations at factory level; and the key role
and civil society on a local level is advisable, of effective recognition of freedom of association
before any conflicts over labour or environmental and the right to organise as enabling condi-
issues occur. Making contact and building trust tions. It is interesting to note also that the ILO’s
among civil society and corporate representatives guidelines for buyers participating in the Better
is key. Work programme require them to stop company
auditing in areas covered by the programme
and focus on supporting collaborative improve-
Mature systems of industrial relations – ment planning. As the MSIR approach develops
International framework agreements in conjunction with the policy of global unions to
pursue International framework agreements and
Notwithstanding the potential for progress through to develop relationships between global retailers,
involving stakeholders more directly in code brand-owners and their affiliates throughout their
enforcement,which has yet to be fully exercised supply chains, it is argued that MSIR needs to be
in the electronics industry, there are also some embraced by suppliers in the sector as much as
very vocal proponents of an alternative solution; by buyers (Holdcroft, 2009).
they claim the code monitoring approach will be
inadequate anyway. Mature Systems of Industrial
Relations (MSIR) are the alternative promoted
as a means to move beyond what are viewed
as ineffective mechanisms of social compliance
(ie, auditing, verification and reporting) and to
empower local actors and local labour institutions
in countries where existing systems of indus-
trial relations are weak or absent. Central to this
approach is an understanding that progress in the
advancement of core labour standards in produc-
ing countries needs to surpass the limited impact
(and, businesses would argue, costs) of self-
regulatory mechanisms and be rooted in freedom
of association, dialogue and collective bargaining
(Gregoratti and Miller, 2009). Unfortunately, posi-
tive models of mature industrial relations whereby
electronics workers are members of national
unions and engage in collective bargaining on
wages and conditions with their employer are few
and far between in the sector. The greatest inci-
dence is to be found in the European operations
of European companies where workers are directly
employed: a category of electronics production
employment which is rapidly vanishing (Gregoratti
and Miller, 2009).
F
or the purpose of this overview, the term tion country, as well as several Eastern European
electronics sector refers to a broad spec- countries including Hungary, Poland and the
trum of information and communication Czech Republic.
technology companies producing a wide variety of
electronic goods. These goods include comput- Electronic equipments are highly complex con-
ers, office equipment, lap tops, mobile phones structions consisting of a wide range of diverse
and other communications equipment, consumer components. A typical computer, for example,
electronics (such as mp3-players, webcams and is made up of an external keyboard, casing and
game consoles), semiconductors (chips), and screen, as well as internal circuitry and wiring
miscellaneous electronic components, or in other including printed wiring boards (PWBs), semicon-
words: any product with a circuit board. ductors, hard drives, interface sockets, cables,
etc, many of which are themselves composed of
At least until the third quarter of 2008, the global numerous individual parts. The manufacture of this
market for electronics products was a strong type of equipment is a truly global industry.
growth market. From $1.4 trillion in 2004, the
market has grown at an average rate of about The electronic products supply chains form an
12.6% per year, to an estimated $2.0 trillion in intricate web, with brand name companies that
2007. October 2007 prognosis expected the have many suppliers, who in turn have multiple
global market to reach approximately $3.2 trillion suppliers themselves. These buying companies
by 2012. Industrial products, computer electron- may themselves also be component suppliers,
ics and semiconductors accounts are the key as is the case with Hitachi or ASUS, for example.
sectors. However, the current economic crisis is Outsourced production of small components for
having its effect on the electronics sector as well, handsets can stretch into supply chains of nearly a
although it is difficult to predict how exactly. Some dozen companies. In total, these complex supply
segments of the market, including the PC market, chains encompass thousands of companies. A
are expected to suffer a serious decline. Other remarkable characteristic of this supply chain is
segments, however, are expected to do much bet- the uneven distribution of market power, skewed
ter, including the sales of notebooks and specific in favour of the big brand name companies
segments of the mobile-device market such as (SOMO, 2008). 75% of the multi-billion mobile
smartphones (BCC Research, 2007). communications industry is in the hands of just
five companies (Motorola, SonyEricsson, Nokia,
Historically, the electronics industry has seen Samsung and LG) (Consumers International,
competition between the USA (Silicon Valley) and 2009). A similar picture emerges for the comput-
Japan. Since its start, the electronics production ing industry, with HP, Dell, Acer, Fujitsu, Lenovo as
base has diversified. In the Asian-pacific region, well known players.
China, Japan, South Korea, Malaysia, Singapore,
Taiwan and the Philippines are the eight largest A related common characteristic of the electron-
producers of electronics products. Indonesia, ics sector is that production is outsourced, or
Vietnam and India are on the rise. Outside this subcontracted. Up to 75% of global electronics
region, Mexico is an important electronics produc- production has now been outsourced from Origi-
Part 1. Introduction 19
nal Equipment Manufacturers (OEMs) or brand- be defined as an aggressive order market, where
name companies such as Hewlett Packard, Dell demand may change on a daily basis. As a result,
and Apple, to contract manufacturers (CMs) (IMF, workers at all tiers are expected to be highly flex-
2009). For the mobile phone industry the extent to ible, in terms of working hours and overtime.
which brand companies outsource final products
varies between more than 60 percent (Sony Erics- In terms of consumption, China and India are the
son) and less than 35 percent (Nokia) (SOMO, obvious growth markets for electronic (consumer)
2008). At the level of the contract manufacturers, goods.
there is significant market concentration, with
five major CMs producing electronic products for Worldwide this entire sector employs millions of
all the major brands. These five are: Flextronics people, both skilled and unskilled workers. Around
(Singapore), Foxconn (Hon Hai) (Taiwan), Celestica the world there are an estimated 70 million metal-
(Canada), Sanmina SCI Corporation (USA) and workers (IMF, 2005).
Jabil Circuit (USA). Despite being for the most
part unknown to the general public, the largest Generally speaking jobs in the electronics sector
contract manufacturers are themselves major are characterised by low pay, substandard work-
multinational companies that have seen extraor- ing conditions, excessive working hours and are
dinary growth. The current number of hard disk only offered as short-term contracts, often via
drive (HDD) suppliers worldwide is reduced to five employment agencies. The majority of work-
only – Seagate, Western Digital, Hitachi (owns ers engaged in electronics production today are
the former disk manufacturing division of IBM), young women.
Samsung, and Toshiba – which leaves computer
brands little choice. This is topped off by a traditional hostility to
unions by the major companies in the sector, low
To a large extent, the components used in the unionisation levels, and low job security due to the
manufacturing of computers are interchangeable. high numbers of workers who are employed under
Manufacturers do not incur significant costs when temporary contracts, either directly by a company
switching basic component suppliers. As a result, or through labour agencies.
supplier power is low (SOMO, 2009).
This has led to abuses, with risks and costs
A major element of the manufacturers’ strat- passed down the supply chain: sub-standard
egy to attract business from the brand name working conditions and inadequate environmen-
companies is to locate in countries where wage tal standards at some suppliers are tarnishing
costs are lower, resulting in a virtual race to drive the perceived clean image of the industry. The
down labour costs. As competition to take over economic crisis is making things worse: factories
manufacturing for the brand name companies has are closing down or are relocated to regions were
intensified, production has moved from countries labour is cheaper still; regular workers are increas-
that were once considered sufficiently low cost, ingly replaced by contract workers; more workers
such as Mexico, to ever cheaper locations (IMF, are being hired through labour agencies instead of
2009). Companies in search of lowest production directly by producing companies.
costs and maximum flexibility are attracted by
Export Processing Zones or Special Economic Beyond supply chain issues, there are further
Zones established by governments to expand their unresolved problems relating to the use of sub-
comparative advantages over other production stances which are hazardous to the environment
countries. and human health as well as to systems for taking
back and recycling old appliances, which are often
Despite, or even as a result of the economic still inadequate.
downturn, the electronic products market can
Everything from the level of payment and how quickly a worker is paid, to the terms of your job –
such as lack of a contract, no medical or maternity leave, no right to organise, or no pension, down
to the way a supervisor speaks to or touches a worker – is informed in part by gender-based notions
of what is acceptable. If you consider what this means in relation to the stress created by job insecu-
rity and by verbal and physical harassment, the malnutrition created by low pay, the exhaustion that
results from forced overtime, and the inability to do anything about unsafe working practices and
environments, then the roll-out effect on a woman’s health and that of her children is immediately
evident (Clean Clothes Campaign, 2006).
Recommended steps
Issues
Human rights risks that companies operating in
Wars need money. Natural resources such as tim- or sourcing from conflict zones should take into
ber, diamonds and minerals play an increasingly account include:
prominent role in providing this money, which is
often used to fund armies and militias who murder, • The expelling of people from their communi-
rape and commit other human rights abuses ties.
against civilians. Global Witness defines conflict • Forced labour and other forms of workers
resources as natural resources whose systematic exploitation, including child labour.
exploitation and trade in a context of conflict con- • The handling of questionable assets.
tribute to, benefit from or result in the commission • Illicitly made payments, such as bribes.
of serious violations of human rights, violations • The abusive engagement of security forces.
of international humanitarian law or violations • The trading of goods in violation of interna-
amounting to crimes under international law. tional sanctions.
• Allowing the use of company assets for human
Companies operating in or sourcing from conflict rights abuses.
zones can face a number of specific human • Directly or indirectly providing the means to kill
rights risks. The electronics industry as a whole and financing international crimes.
consumes significant quantities of various metals • Contributing to a climate enabling sexual
sourced from conflict areas. Tin (solder), tantalum violence against women.
(capacitors and deposition targets), cobalt (bat-
teries and magnetic recording media), tungsten
(circuit boards) and gold (motherboard contacts) Standards
are important.
• The Extractive Industries Transparency Initia-
As a result of developing notions on extended tive (EITI) sets a global standard for transpar-
supply chain responsibility beyond the first or ency in oil, gas and mining. The EITI is a coali-
second tier suppliers, electronics companies are tion of governments, companies, civil society
increasingly acknowledging that the mining phase groups, investors and international organisa-
is part of their supply chain. tions. The EITI is a standard for companies to
Ores mined in the Democratic Republic of Congo include cobalt, (cobaltite), tin (cassiterite), tantalum
(coltan) and tungsten (wolframite), and gold. These resources have fuelled one of Africa’s most brutal
wars and have contributed to grave human rights abuses by Congolese and foreign actors. Politi-
cians, military and militia groups have plundered the country’s natural wealth and used it to enrich
themselves at the detriment of the population. The frequent use of child soldiers and the brutal
sexual violence against women characterise this conflict (The Enough Project, 2009). This said, an
overly facile equation of mineral export wealth and war-fighting capacity should be avoided. Reform
of the natural resource sector in the DRC in the sense of ending the trade in natural resources or
bringing it under government control does not equal peacebuilding (Pole Institute, 2009).
In August 2008, the UK trading company Afrimex was condemned for breaking the OECD Guide-
lines by sourcing minerals from a Congolese war zone. In the Afrimex case, the UK National Contact
Point (NCP) – the British government body which considers complaints brought under the OECD
Guidelines for Multinational Enterprises – affirmed that Afrimex initiated demand for minerals from a
conflict zone and used suppliers who had made payments to RCD-Goma. It concluded that Afrimex
had failed to contribute to sustainable development in the region and to respect human rights. The
NCP also stated that Afrimex applied insufficient due diligence to the supply chain, sourcing minerals
from mines that used child and forced labour (Global Witness, 2008).
In 1959, the Dutch manufacturing giant Philips Electronics set up a manufacturing plant in Pamplona,
Las Piñas, in the Philippines, to produce light bulbs and (later) consumer electronics. The factory
was closed in 1995 but 12 years later residents living in communities around the Philips plant were
shocked to learn that the water in their wells was contaminated. Philips admitted to using a highly
toxic chemical known as TCE, (trichloroethylene), a solvent used mainly to remove grease from
metal parts at the Las Piñas plant. The use of TCE, a highly toxic chemical linked to cancer and other
serious health effects, was banned globally under the Montreal Protocol in the early 1990s. Two
years after the initial disclosure of TCE contamination, the residents of the affected areas still do
not have a clear picture of the extent and impact of the contamination, reports the Philippines NGO
Kaisampalad.
• United Nations Declaration on the rights of • Comply with all applicable laws, nationally and
indigenous peoples. internationally accepted standards on commu-
• ILO Indigenous and Tribal Peoples in Inde- nity rights, whichever offer greater protection.
pendent Countries Convention No 169. • Apply the principle of free, prior and informed
consent to all communities that are likely to be
A key element of both the UN Declaration and the affected by business operations.
ILO Convention is the principle of free, prior and • Refrain from operating in places where com-
informed consent of indigenous peoples for com- munities are opposed to corporate presence.
panies to start their operations. This form of con- In this sense ‘community consent’ may be
sent requires the participation of indigenous peo- a stronger norm than the increasingly heard
ples at all stages in the decision making, planning, phrase ‘social license to operate’.
implementation, and evaluation of any activity that • Where applicable, ensure that an agreement
affects their rights and interests. Their consent is reached with communities on just and fair
must be sought and obtained without recourse to compensation of losses suffered.
coercion. The process of obtaining consent must • Where possible, ensure that communities are
allow sufficient time for all concerned to learn offered the option of return.
about the process, obtain information, engage • Contribute to putting in place a system of
in full discussion, and reach an agreement. All regulation that ensures redress for those
relevant information must be made available to the affected and prevents the pursuit of profit at
community. Consent must be clearly demonstrat- the expense of human rights.
ed, in keeping with the decision making structures • Inclusion of such standards and principles in
of the indigenous peoples involved company or industry codes of conduct that
cover the entire supply chain.
Existing initiatives
The Bushveld Igneous Complex is an important reservoir of platinum group metals in South Africa.
The company Anglo Platinum is operating a mine in Potgietersrust, in the Northern Limb of this
region. To allow for an intended output increase to approximately 12,190 kilograms per annum, Anglo
Platinum required the resettlement of three local villages with a total population of 17,000 people. In
2001, the village of Ga Pila was removed. The villagers are now living in poor conditions at a nearby
farm. According to a South African NGO: “Ga Pila residents were subjected to forced removals like
those in the time of apartheid”. The people of the two other villages, Ga Puka and Ga Sehaolelo, have
continued their protest against the planned removal by Anglo Platinum (SOMO, 2007).
Issues Standards
In developing countries one often sees children • UN Convention on the Rights of the Child.
working. Some of these children might do their • ILO Minimum Age Convention No 138.
work proudly, others are little more than slaves. • ILO Worst Forms of Child Labour Convention
But what all of them have in common is that they No 182.
are missing out on education and time to play.
Child labour is not just a consequence of the
low wages of parents. In fact, children working Existing initiatives
depresses the wages and employment opportuni
ties of their parents. A child who spends even part • Stop child labour – School is the best place
of the day working, instead of going to school, to work. The Stop Child Labour campaign is a
remains under-educated or uneducated and joint lobby, education and awareness raising
is condemned to badly paid jobs. Companies campaign that seeks to eliminate child labour
increasingly seek well educated employees and through the provision of full time formal educa-
will not invest in countries where the population is tion. The Stop Child Labour campaign has
lacking even the most basic educational qualifica- developed an action plan for companies to
tions. Children’s rights are human rights. Children combat child labour.
have the right to be free from child labour and • The International Finance Corporation (IFC) is
the right to education. But rights also imply that a unit of the World Bank that provides project
others have duties. Companies have obligations advice and funding to companies - typically
to contribute to the realisation of internationally- for major projects. The IFC has developed an
recognised rights (Stop Child Labour, 2008). extensive policy on CSR and also provides
advice on the implementation of fundamental
Child labour is found throughout the global labour standards including child labour. In
electronics supply chain, especially in the mining its 20-page Good Practice Note ‘Address-
and disposal phases. In manufacturing, child ing Child Labor in the Workplace and Supply
labour may not seem to be a widespread problem, Chain’, the IFC spells out several recommen-
although production workers as young as 15 dations for combating the ‘harmful’ types of
years old have been spotted. Children partake child labour.
in the mining of metal used in electronic equip-
ment, for example in cobalt, tin and coltan mines
in the Democratic Republic of Congo. Children Recommended steps
work in the electronic waste disposal, for example
in Ghana and China. The working conditions in • Comply with all applicable laws, nationally and
these sectors are most appalling, even more so for internationally accepted standards on child
children. labour, whichever offer greater protection.
• Make explicit in policies and codes of conduct
that all forms of child labour prohibited by
the two ILO Conventions (138 and 182) will
• ILO Tripartite Declaration of Principles Con- • Comply with all applicable laws, nationally
cerning Multinational Enterprises and Social and internationally accepted standards on
Policy, articles 24-28. employment security, whichever offer greater
protection.
• Ensure suppliers have legal contracts and rec-
Existing initiatives ognised employment relationships with their
employees that are in accordance with their
• International Metalworkers Federation (IMF) national law and good practice.
“Precarious Work Affects Us All” is a global • Treat casual or temporary workers equally to
union campaign to stop the rise in precarious regular workers.
employment and regain power and justice for • Provide regular employment to workers in the
working people. supply chain.
• European Metalworkers federation (EMF) • Commit to converting temporary contracts
“For more secure employment - against pre- into regular contracts.
carious work”. • Include employment agencies in codes of con-
The objectives of both campaigns are: duct and make employment agencies comply
• with the code of conduct.
ecarious work does exist, wages and conditions • Restrict the use of temporary/contract
must be equal to those of regular workers and full employment to cases of genuine need. Poten-
coverage of social security should be guaranteed; tial or actual fluctuations in production do not
• workers should be directly hired and indi- automatically sanction the use of temporary/
rect employment discouraged; contract work. Setting a proportional maxi-
• basic job security has to be guaranteed, mum of contract workers may be necessary.
as well as full protection in the field of • Protect historically established social benefits
health and safety. of workers in their supply chains such as
annual leave, severance payment, maternity
benefits and profit sharing.
Women make up the bulk of temporary and contract workers in export oriented global supply chains.
The increasing informalisation of labour leaves a growing number of women workers outsides wel-
fare and social protection regimes. There are indications that women remain in precarious employ-
ment longer than men. The erosion of working conditions for precarious workers is having a severe
impact on families. Without permanent employment and lower wages, planning to have children
becomes more difficult and taking time off in case of illness or for vacations is less easy. As women
are often the main breadwinners the importance of women’s income to families should not be under-
estimated. Unpredictable work hours, conflict over the division of household tasks, relationships
under pressure, domestic violence, increased stress, negative health implications and prematurely
forced independence for children are reported consequences of women’s precarious employment
(Farley, 2009).
In 2004, an outbreak of cadmium poisoning cases occurred in four subsidiary factories of Gold Peak
Batteries in mainland China as well as in Hong Kong. One case concerned the cadmium poisoning
of workers of the Gold Peak Batteries plant in Hong Kong. Another case concerned the cadmium
poisoning of workers at JetPower, a Gold Peak subsidiary based in Shenzhen, China. For years
now, workers have been campaigning for fair compensation. Cadmium is a toxic heavy metal and
an important constituent of nickel-cadmium batteries as produced by GP Batteries. Cadmium is a
known human carcinogen that causes damage to lungs, kidneys and bone tissue in case of long-
term exposure. Gold Peak Batteries has long-established supply agreements with some of the
world’s biggest consumer brands. Its (rechargeable) batteries and components are found in cordless
and wireless phones, toys, power tools, and are sold across the world (Globalization Monitor, 2009).
The recycling of printed circuit boards in Guiyu, China, a village intensely involved in e-waste
processing, may present a significant environmental and human health risk. To evaluate the extent of
heavy metals (Cd, Co, Cr, Cu, Ni, Pb, Zn) contamination from printed circuit board recycling, surface
dust samples were collected from recycling workshops, adjacent roads, a schoolyard and an out-
door food market. ICP-OES analyses revealed elevated mean concentrations in workshop dust (Pb
110000, Cu 8360, Zn 4420, and Ni 1500 mg/kg) and in dust of adjacent roads (Pb 22600, Cu 6170, Zn
2370, and Ni 304 mg/kg). Lead and Cu in road dust were 330 and 106, and 371 and 155 times higher,
respectively, than non-e-waste sites located 8 and 30 km away. Levels at the schoolyard and food
market showed that public places were adversely impacted. Risk assessment predicts that Pb and
Cu originating from circuit board recycling pose potentially serious health risks to workers and local
residents of Guiyu, especially children, and warrants an urgent investigation into heavy metal related
health impacts. The potential environmental and human health consequences caused by uncon-
trolled e-waste recycling in Guiyu serve as a case study for other countries involved in similar crude
recycling activities (Leung, 2008).
The EICC has identified a number of root causes that impact work hours through input of its
members, benchmarking research, and detailed analysis completed by the EICC Working Hour
Task Force. The following areas were identified for focus given the fact that EICC members have
greater sphere of influence or ability to control them.
For brands:
• ad-hoc orders which are difficult to plan for and may require short term ramp ups;
• ongoing fluctuation in customer demand, as well as non-linear orders, which create
supplier difficulties in responding to volume changes;
• lack of customer awareness of how their decisions impact the downstream supply chain;
• potential lack of alignment between business decisions and CSR;
• strong pressure from brands to suppliers for cost reduction across the supply chain;
• cost reduction strategies may not be aligned to CSR.
For suppliers
• inconsistent messaging and inability to push back on customers for fear of damaging
relationship;
• lack of effective tools to manage and control working hours across the supply chain;
• Lack of clear business case for implementing change (EICC Working Hours Task Force, 2009).
Standards
Recommended steps
Violations of wage and benefit also emerged as a key area of non-conformances and included
instances of paying workers less than the required wages, overtime premiums, and imposing disci-
plinary wage deductions. This emerged from the results of 36 of the second-round pilot shared audits
completed by the EICC in 2007 and 2008 (EICC, 2008).
Home work is usually found in labour-intensive • ILO Home work Convention No 177.
parts of the production process, with relatively • Accompanying Recommendation No 186.
simple machinery being used. The work done
by home workers is often similar to that done by
factory workers, except that the workplace is the Existing initiatives
home. Sometimes home workers get work directly
from a factory and know their employer. More Home Workers Worldwide (HWW) is a UK-based
commonly, they receive work from a subcontractor organisation set up to support the movement of
or intermediary and may not even know details of home-based workers around the world. Since the
their main employer. 1970s, there has been a growing movement to
Recommended steps
The Mexican labour rights organisation Cereal supports workers in the electronics sector. The Mexi-
can electronics manufacturing industry is employing a considerable number of migrant workers.
Labour rights organisation Cereal estimates that nearly 50% of the workers of the Mexican electron-
ic industry are internal migrants, often on their way to the United States. Workers are known to come
from different southern Mexican provinces.
In the Czech Republic, Vietnamese (electronics) workers are easily laid off – once laid off, it is hard
to find a new job, as migrants usually have visas for business license holders and are not entitled to
work elsewhere. Formally, migrant workers lose their work visa and residence permit when they are
laid off. Therefore, migrant workers try to keep their job regardless of circumstances, which makes
them extremely vulnerable to abuse by their employers, such as forced overtime (La Strada, 2008).
In its Supplier Responsibility 2009 Progress Report, Apple writes about migrant labour: Our most
significant discovery involved recruitment practices in which our suppliers had hired workers
from one country to work in factories in another country. Of the 83 facilities audited, we found six
facilities where these contract workers stated they had paid recruitment fees that exceeded the
applicable legal limits—often requiring them or their families to incur a debt. We classified this over-
charge as a core violation, our most serious category of violation, since these workers may not feel
at liberty to leave employment until the debt is paid. In addition to demanding reimbursement, Apple
has updated its Code to require that suppliers take responsibility for the entire recruitment process,
including the recruitment practices and fees of labour agencies in the workers’ home countries
(Apple, 2009).
In Malaysia, the authorities have a stake in the trafficking of workers. Migrants obtain work permits
through employment agencies, permits which are approved by the government. At the Malaysian end
companies only need to state that they want to have an X number of workers to get an X number of
permits. This system is being misused as importing workers is a profitable business. Employment
agencies are easily tempted to make money out of labour migration and look the other way when
it comes to enforcing obligations under the contracts between workers and their intermediaries.
Cases are reported of corrupt officials working hand in glove with unofficial intermediaries. One
of the injustices migrant workers face for example in Malaysia is the deduction of levy from their
wages. The levy (1800 MYR, or about €357 per year) is a tax, supposedly to be borne by the employer
to discourage them from hiring migrants. However, almost all employers deduct this levy from the
migrant workers, effectively making it a tax on them. As many migrant workers work only part time,
this is felt as a disproportionate deduction (Tenanganita, 2009).
Flextronics provided seed money to help the Beijing-based Culture and Communications Center for
Facilitators (CCCF), an NGO committed to migrant worker issues, set up the Zhuhai Social Work and
Education Development Center for Facilitators (SWEDCF). This centre, in the vicinity of the Flextron-
ics industrial park in Zhuhai, aims ‘to enhance migrant talents, give them a sense of belonging in the
community, help them assimilate into society, provide them with case and group counselling, and
train up more volunteers for community work to create a harmonious society.’ Launched in May 2009,
SWEDCF is the first officially-registered, non-governmental organisation in China that is sponsored
by a private company and backed by the Chinese government. In conjunction with the launch of the
Centre a seminar on migrant worker issues was conducted (Flextronics’ email message to GoodElec-
tronics, 26 June 2009).
Nokia has worked out that, if 10% of worldwide mobile phone subscribers unplug their charges
once their mobile phone is fully charged, enough energy would be saved to supply 60,000 European
homes with energy for a one year (Consumers International, 2008).
Company pledges
• Dell has pledged to reduce operational carbon intensity by 15% by 2012, based on 2007 levels,
and to further reduce worldwide facilities’ GHG emissions by 40% by 2015. Dell maintains that it
has already achieved carbon neutrality in its global operations.2
• HP’s goal is to reduce energy consumption and the resulting greenhouse gas (GHG) emissions
from HP-owned and HP-leased facilities worldwide to 16% below 2005 levels, by the end of
20103.
• IBM set itself an aggressive “second generation” goal: to reduce the CO2 emissions associated
with its energy use 12% by 2012 against a 2005 base year through: a) energy conservation,
b) use of renewable energy, and/or c) funding an equivalent CO2 emissions reduction by the
procurement of Renewable Energy Certificates (RECs) or comparable instruments4.
• Vodafone: Cut emissions by 50% by 2020 (from the 2006/07 baseline). This target will be achieved
principally by improvements in energy efficiency and increased use of renewable energy.
In addition, as part of its climate change strategy, Vodafone will be focusing on developing
products and services which will help customers limit their own emissions5.
2 http://i.dell.com/sites/content/corporate/corp-comm/en/Documents/Dell_CR_Summary_Report_FINAL.pdf
3 http://www.hp.com/hpinfo/globalcitizenship/gcreport/energy/operations/greenhouse.html
4 http://www.ibm.com/ibm/environment/climate/co2_secondgoal.shtml
5 http://www.vodafone.com/start/media_relations/news/group_press_releases/2007/01.html
6 Greenhouse gas intensity is the ratio of greenhouse gas emissions to economic output.
7 Carbon sequestration is a technique that consists of capturing carbon dioxide from man-made sources and permanently storing it
somewhere other than the atmosphere (eg, terrestrial (biota), oceanic, or geologic sequestration).
8 Candidate chemicals for precautionary action are those whose intrinsic properties include carcinogenicity, mutagenicity or reproductive
toxicity, chemicals that are persistent, bio-accumulative and toxic (PBTs) and those that are very persistent and very bio-accumulative
(vPvBs). They can also include substances identified as having serious and irreversible effects to humans and the environment, for
example certain endocrine disrupting substances (substances disturbing the body’s hormone system) (Greenpeace, 2009).
Issues Standards
One of the factors that contribute to the harsh • Unidroits Conventions, including the Conven-
working conditions in many sectors in developing tion relating to a Uniform Law on the Forma-
countries is the pressure exerted by companies tion of Contracts for the International Sale of
throughout the supply chain (retailers and brands Goods.
as well as first and further tier suppliers) on lead
times and prices. This pressure means that sup-
pliers need to speed up production outputs, cut Initiatives
down on labour costs, and demand longer work-
ing days. This may also cause wages to fall below • The Responsible Purchasing Initiative. This
the cost of living. This causes social hardships initiative is coordinated by three European
for the workers concerned (Procure IT fair, 2009). fair trade organisations and explores how it is
At the same time, buying companies increasingly possible to improve the impact of purchasing
demand their suppliers to comply with labour activities on the lives of people in developing
standards. This is happening in the electronics countries, by looking at the roles of EU busi-
sector as in other sectors. Companies should nesses, public authorities and consumers.
address the conflicting logic of pursuing lower • The Chartered Institute of Purchasing and
prices and shorter delivery times whilst simultane- Supply (CIPS) is an international organisation,
ously pursuing compliance with labour standards. based in the UK, serving the purchasing and
In a competitive market, standards which place supply profession. Dedicated to promoting
significant additional costs on factories may serve good practice, CIPS provides a wide range of
to undermine - rather than support - the type of services for the benefit of members and the
improvements that the standards are designed wider business community.
to bring about. Under pressure to cut costs or to
source sufficient quantities, buyers sometimes
buy from outside the standards they require. This Recommended steps
sabotages the whole relationship, undermin-
ing trust and confidence, leading to mistrust of • Comply with international and national legisla-
standards or a temptation to ‘fake’ compliance tion or established international standards,
(Traidcraft, 2008). Also, when the buying company whatever offers the highest social and environ-
constantly shifts its orders, suppliers may feel mental protection.
that there is no incentive for making the required • Develop an ethical purchasing code and
improvements (Clean Clothes Campaign, 2008). integrate responsible purchasing practices into
These are consequences of the arbitrary or unfair the code of conduct.
use of the purchasing power or influence of buying • Enter into honest contracts based on the
companies, while instead of inhibiting, purchasing Unidroits Conventions.
practices should enable suppliers to be decent • Establish close cooperation between the inter-
employers. nal procurement department, the corporate
social responsibility department and suppliers.
When the Malaysian government set up EPZs, it banned the formation of national unions in the
electronics industry as an incentive to foreign electronics companies to invest in the development
of that sector. According to the Trade Union Advisory Committee to the OECD (TUAC), 96 per cent
of all workers in seven EPZs in Malaysia are employed by foreign transnationals, and electrical and
electronics firms account for 65 per cent of all EPZ employment (Holdcroft, 2003). Today there is still
no national electronics union in Malaysia.
There are three types of employees hired in the Export Processing Zones of Batam, Indonesia. The
most exploited worker is an ’outsourced worker’. They are hired through a labour agency and usually
sign a contract with the agency which holds them liable should they lose their job, sometimes at fees
5 to 10 times their normal wage. These employees are traded like commodities, one step removed
from human trafficking. Should they get ill, pregnant or hurt on the job, the company will immediately
release them and the labour agency will likely fine the employee for breach of contract. Trade union
FSPMI has been successful in negotiating an end to all of these types of contracts for outsourced
employees. In FSPMI plants, these contracts no longer exist. ’Contract Workers’ are generally hired
by the principal company or recruited by an intermediary but contracted with the company directly.
Contracts range from three months to two years. By law, after three years of contracted work, work-
ers should be hired permanently by the employer. Trade unions Lomenik and FSPMI have both been
successful in using this unforced law to make companies change the status of workers after three
years. This has been largely due to positive outcomes for the unions in the courts on this issue. ’Per-
manent workers’ make up a very small minority of workers. Many of these jobs are staff positions
and at management level. These workers tend to make more money through annual raises and have
better benefits (Ivanou, 2008).
Existing initiatives
African governments are deprived of millions of dollars as many contracts signed with governments
remain secret, with mining companies using this secrecy to pursue aggressive tax avoidance strate-
gies. Mining companies use various methods to pay as little tax as possible. These include forcing
governments to grant tax subsidies and concessions by threatening to go elsewhere if they are not
forthcoming and using false accounting to enable companies to artificially depress profits in the
countries where they operate in order to evade tax (ActionAid, 2009).
The impressive private profits of Nokia come at a high price for the public. The special agreement
between Nokia and the Tamil Nadu state government (India), signed in 2005, ensures the government
will refund VAT on domestic sales to the value of Nokia’s investments in infrastructure. This means it
is actually the state government which is paying for the company’s infrastructure (Citizens’ Research
Collective on SEZ, 2009).
Nokia sells its phones mainly within India but still manages to get these counted towards export.
While some of Nokia’s goods are sold within India, this is still counted towards the company’s
export earnings. With the inclusion of telecom items in foreign exchange earnings, Nokia can sell its
products anywhere, in India and abroad and still count as a Net Foreign Exchange earner for India.
NFE needs to be positive for a Special Economic Zone unit to continue receiving central government
benefits under the SEZ Act (Citizens’ Research Collective on SEZ, 2009).
In 2008, the Dutch Ministry of Transport, Spatial Planning and the Environment (VROM) has carried
out extensive research among 25 European countries into the illegal transport of waste. After analy-
sis of 74 cases of illegal shipments, Waste Electrical and Electronic Equipment (WEEE) comes out
as the most important waste stream (21 cases). The most frequent violations are waste shipped as
product, and contamination (VROM, 2008).
Globalisation has added another dimension to waste trade and e-waste occupies centre stage of this
trade. Large volumes of e-waste are being traded globally though in many cases illegally, and India
is viewed as one of the most preferred destinations for outsourcing for the reverse manufacturing
process of e-waste. Availability of cheap labour and weak environmental laws are largely responsible
for the proliferation of such illegal trade. Subsequent to the WEEE Directive in the EU and the State
laws in five States of US, India receives large amount of electronic waste for recycling and treat-
ment from these countries. Lack of understanding of national policies on import export and porous
ports at both the points of origin and the final destination also add to the volumes being traded. As
the trade opportunities grow the traders and recyclers resort to newer methods and approaches in
import-export of such materials. It is very unfortunate that the burden of such hazardous processing
is passed on from the most developed world to the most marginalized communities of the develop-
ing countries (Toxics Link, 2007)
Recommended steps
The mobile network operators’ position in the supply chain of mobile communication products is
particularly crucial since they are an important retail channel of mobile phones for consumers. It is
common practice for mobile network operators to offer customers a “free” new mobile phone when
they sign up for a new subscription, or renew their subscription. Evidently, this type of marketing
has an enormous impact on the amount of mobile phones that are circulating on the market, as well
as on the mobile phone production processes, and the mounting volumes of e-waste. Because the
network operators are an important retail channel, even though their core business is the sale of
services (ie the use of mobile network technology) instead of products (ie mobile phones), they have
the unique opportunity to influence CSR policies and practices throughout the mobile phone supply
chain, without harming their own sales of services. (makeITfair, 2009).
In 2008, the Swiss city of Zurich issued a call for tender for a framework contract for computer hard-
ware. For this contract, the ILO labour standards were included in both the award criteria and the
contract clauses. The sustainability criteria were given a prominent place among the award criteria,
with a weight of 18%. The framework contract required tendering companies to adhere to the ILO
labour standards, under penalty of a fine or annihilation of the contract.
Recommended steps
• ActionAid. Breaking the Curse: How Transparent Taxation and Fair Taxes can Turn Africa’s Mineral Wealth
into Development. March 2009.
http://www.actionaid.org/docs/breaking%20the%20curse%20full%20report...pdf
• Amnesty International. Close the accountability gap. Corporations, human rights and poverty.
May 2009. http://demanddignity.amnesty.org/campaigns-en/corporate-accountability.html
• Asia Floor Wage Coalition. Towards an Asian Floor Level Wage Campaign in the Garment Export Sector –
an analysis of labour and the supply chain in the garment export sector. 2005.
http://www.asiafloorwage.org/documents/ActivitiesCampiagns/AFW%20Discussion%20Note%201,%20
2005.pdf
• BCC Research. Global Electronics: High-Growth Products and New Markets. October 2007.
http://www.bccresearch.com/report/IFT063A.html
• Business Wire. “SIA Selects Vanderbilt University to Conduct Chip Industry Worker Health Study; Industry-
Funded Study Will Assess Cancer Risk to Semiconductor Workers.” August 2005.
http://findarticles.com/p/articles/mi_m0EIN/is_2005_August_2/ai_n14841259/
• Carbon Disclosure Project (CDP). Supply Chain Report 2009. Shared value: Managing climate change in the
supply chain. 2009.
https://www.cdproject.net/CDPResults/65_329_201_CDP-Supply-Chain-Report_2009.pdf
• Carroll, Chris. “High-Tech Trash. Will your discarded TV end up in a ditch in Ghana?” National Geographic.
January 2008. http://ngm.nationalgeographic.com/2008/01/high-tech-trash/carroll-text
• CBI Market Information Database. Occupational health and safety: Electronic Components. 2008.
http://www.cbi.nl
• Citizens’ Research Collective on SEZ. The Public Price of Success. The costs of the Nokia Telecom SEZ in
Chennai for the government and workers. June 2009.
http://sez.icrindia.org/
• Clean Clothes Campaign. Cashing in. Giant retailers, purchasing practices, and working conditions in the
garment industry. 2009.
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