The Bangladesh Accord: Unfinished Business?

By: Daria Stanculescu, Junior Research Associate, PILPG-NL

On April 24, 2013, the Rana Plaza factory building, which housed five garment factories, collapsed.  More than 1,100 people died in the incident and many others were critically injured.  The International Labour Organization (ILO) has described the Rana Plaza collapse as one of the worst industrial accidents on record.  This incident highlighted the deficient conditions of the ready-made garment sector in Bangladesh.  

A few weeks after the incident, global brands, retailers, and trade unions adopted the Accord on Fire and Building Safety in Bangladesh (the Bangladesh Accord), the first modern legally binding agreement of its kind.  The Bangladesh Accord’s term was meant to end on June 1, 2021, when the Ready-Made-Garment (RMG) Sustainability Council (RSC) would replace it.  Instead, the Accord’s term was extended by three months as trade unions threatened to leave the RSC, which they considered to be less effective than the Bangladesh Accord.  This blog post will examine if the RSC is a suitable replacement for the Bangladesh Accord or whether a more adequate solution can result from the ongoing negotiations.

The Achievements of the Bangladesh Accord

The Bangladesh Accord, signed on May 13, 2013, rendered it mandatory for brands and retailers to ensure that workers in the garment industry carry out their work in safe conditions.  It includes obligations for companies to open their supplier factories to independent inspections, to allow the results of these inspections to be reported publicly, and to help pay for essential safety renovations.  The Bangladesh Accord also provides a complaint mechanism, through which workers can anonymously report potential violations at factories, as well as an enforcement mechanism for workers to bring legal action against signatories.  A Steering Committee with equal representation of trade unions and signatory companies governs the Bangladesh Accord and the ILO provides a neutral chair to the Steering Committee. 

Originally, the Bangladesh Accord’s term expired in 2018, but the parties extended it until 2021 through a Transition Accord to ensure that the collaboration between companies and unions would continue.  Since 2013, over 200 brands and retailers have signed the Bangladesh Accord.  As a result, inspections and monitoring have been carried out in 2,000 factories.  Also, over two million workers have gone through health and safety training.  This has significantly improved the working conditions in the garment industry and has increased the protection of workers in factories across Bangladesh.  

The RMG Sustainability Council 

The RSC, the envisaged successor of the Bangladesh Accord, is a national monitoring compliance system.  The Bangladesh Accord’s Steering Committee and the Bangladesh Garment Manufacturers Employers’ Association (BGMEA) created the RSC through a Memorandum of Understanding (MoU).  Its main goal is to continue the work of the Bangladesh Accord while maintaining the same transparency levels.  

The question that arises is whether the RSC is an effective successor of the Bangladesh Accord.  The MoU does not provide clarity on the institution’s decision-making and finance mechanisms.  The RSC also lacks the enforcement mechanism necessary to ensure that brands and retailers meet their obligations.  Furthermore, in the RSC, trade unions would hold only one-third of the governance seats, instead of half.  This would significantly limit the powers of trade unions and essentially create a system of self-monitoring by companies.  Most importantly, the RSC deal does not include binding commitments.  As such, this mechanism relies on brands and retailers voluntarily complying with their commitments.  These are significant changes compared to the Bangladesh Accord.  The RSC has abandoned the core elements of the Bangladesh Accord which made it efficient and enforceable.  In its current form, the RSC does not appear as effective as the Bangladesh Accord in ensuring the protection of workers’ rights.

Conclusion

The parties have temporarily extended the Bangladesh Accord, while trade unions and retailers come to an agreement.  It is uncertain what will happen next.  While trade unions insist on a binding agreement, brands argue for abandoning key elements of the Bangladesh Accord, such as independent monitoring.  It remains to be seen what the results of the negotiations will be and whether or not the parties will reach an agreement within three months.  An effective agreement will ensure the continued protection of workers in the garment industry.  Mechanisms such as the RSC, however, raise problems of enforcement and limit the powers of trade unions.  Therefore, they fail to consider the core elements that made the Bangladesh Accord effective.

July 2021

Monthly News Updates: Southern Cameroons – July 2021

By: Fabiana Nuñez del Prado Nieto, Junior Research Associate, PILPG-NL

This post collects updates from the past month concerning developments in Southern Cameroons.  The information is drawn from local and international online sources.

VIOLENCE IN ANGLOPHONE REGIONS

Killings | Murder of teacher in South-West region

On July 1, 2021, a group of gunmen fired shots at a 52-year-old physics schoolteacher from Kumba (South-West region).  The blasts killed him instantly at his home, in front of his children.  No group has claimed responsibility for the murder, but local people believe separatist fighters are responsible for targeting schools, teachers, and schoolchildren.  [July 2, 2021] 

Separatist Violence | Separatists allegedly killed more than 40 people

According to Cameroonian officials, separatists killed more than 40 people and torched 70 houses in June.  It was the most violent month of the year so far.  A military spokesman claimed that anglophone separatists massacred dozens of civilians and attempted to blame the military.  Army Captain Cyrille Serge Atonfack Guemo alleged that the separatists killed three military men in Bamali, an English-speaking northwestern village.  The public reacted to the increased violence with widespread condemnation.  [July 2, 2021] 

GOVERNMENT RESPONSES

Separatist Violence | Government sent Defense Minister to francophone region

During the first week of July, Cameroon’s government sent Defense Minister Joseph Beti Assomo to the border between the anglophone and francophone regions due to increased separatist incursions into French-speaking towns and villages.  Warrant Officer Bouba Dawanga Syraye, the ranking officer at the military post in Foumban village, said that the government troops had recently arrested ten suspects and recovered guns, ammunition, and several locally made explosives.

According to the military, the proliferation of arms in the French-speaking West region has been rising since 2017.  Many locals have abandoned their businesses, and construction work on government buildings has stopped due to the increased separatist attacks.  [July 24, 2021] 

Campaign | Campaign against hate speech online

In July, Cameroon launched a campaign against online hate speech.  The officials in charge of the campaign blame hate speech for the current social conflict and the damage to Cameroon's international image.  The government maintains that the campaign will reduce the tensions if the youth, who constitute about 65% of the population, stop damaging the image of Cameroon online and instead show love for their country and its institutions on social media.  [July 9, 2021] 

HUMAN RIGHTS 

LGBTQ+ Rights | Transgender women released from jail

On July 13, a judge from a Yaoundé court ordered the release of two transgender women convicted of "attempted homosexuality," pending their appeals.  The local police arrested Shakiro and Patricia on February 8, 2021, for wearing women's clothing in a restaurant.  Shakiro is a celebrity influencer in Cameroon, with thousands of social media followers.  Her status brought additional attention to the case.  According to Shakiro’s and Patricia’s lawyer, the women received a maximum sentence of five years in prison and a fine of 200,000 CFA for "attempted homosexuality," public indecency, and failing to carry identification.  [July 13, 2021] 

SCHOOLS IN SOUTHERN CAMEROONS

Reopening of Schools | Over 70,000 children return to school

According to Cameroonian authorities, around 70,000 children returned to school this year in the Western regions.  The schools had closed due to threats from some anglophone separatist groups.  Armed separatists attacked more than 200 schools between 2017 and 2019, and nearly all schools in the North and Southwest regions had to be permanently shut down as teachers left their jobs due to insecurity.  [July 19, 2021] 

CIVILIAN RESPONSES

Muslim community in Cameroon prays for an end to the conflict

From July 19 to July 23, the Muslim community in Cameroon celebrated Eid al-Adha, Festival of the Sacrifice, by praying for an end to the anglophone conflict.  The conflict has killed more than 3,000 people since 2017.  Muslim leaders also called on separatist Muslim fighters to drop their weapons and encourage their peers to stop fighting.  [July 20, 2021] 

REGIONAL VIOLENCE

Nigeria/Cameroon | Boko Haram attack kills eight soldiers in Cameroon

On July 24, Boko Haram launched an attack in the Far North Region of Cameroon.  According to a police report confirmed by several local sources, the attack killed eight soldiers.  The Governor of the region, Bakari Midjiyawa, said that heavily armed Boko Haram fighters hit the military base in the locality of Sagme at around four in the morning using six vehicles.  [July 24, 2021] 

July 2021

Monthly News Update: International Criminal Court – July 2021

By: Inne Flies, Junior Research Associate, PILPG-NL 

This news update synthesizes information concerning the International Criminal Court (ICC).  This month included, among others, the celebration of the Day of International Criminal Justice, two confirmation of charges rulings, and an Appeals Chamber decision on a possible re-characterization of alleged facts.  The presented information is drawn from different online news platforms and ICC documents.

ICC

ICC hosts Third Asia-Pacific Forum of The Hague

The ICC hosted the Third Asia-Pacific Forum of The Hague, which brought together judges and staff from the Court, as well as around 200 students and young professionals from the Asia-Pacific region.  The event aimed to facilitate a dialogue on the contribution of international justice for the Asia-Pacific region, as well as to encourage students and young professionals from the region to consider a career in the field of international justice.  This Forum is part of a broader effort to enhance global understanding and support for the ICC and to promote cooperation at the regional level.  [July 19, 2021]

Adoption of the Rome Statute 19 years ago

July 17, 2021, the Day of International Criminal Justice, marked the 19th anniversary of the Rome Statute of the International Criminal Court.  States adopted the Rome Statute, which establishes the Court and the Trust Fund for Victims, on July 17, 1998.  Various virtual events took place to mark the anniversary, and information campaigns continue online and via the ICC’s country offices.  [July 17, 2021]

Voices of support for the ICC

On the Day of International Criminal Justice, various countries and institutions (such as Mexico, Canada, France, Belgium, European Union, and the United Nations Secretary-General) voiced their support for the ICC and its mission.  [July 17, 2021] 

ICC launches #MoreJustWorld digital campaign in lead up to Day of International Criminal Justice

The ICC launched a #MoreJustWorld digital campaign to mark the Day of International Criminal Justice.  According to the ICC, the campaign aims to encourage people to reflect, act, learn, and connect for the cause of peace and justice.  It includes, among others, campaign videos, quizzes, and human interest stories.  [July 14, 2021]

ICC commits to adopt a strategy on gender equality and workplace culture at the Generation Equality Forum

During the Generation Equality Forum Summit (June 30 – July 2), the ICC joined the Generation Equality Forum, which is a global gathering for gender equality.  The ICC made a concrete commitment to adopt, implement, and review its first Strategy on Gender Equality and Workplace Culture by 2025.  As already enumerated earlier in its High-Level Statement on Gender Equality (April 2021), the ICC Principals are committed to achieving gender equality and safe and inclusive workplace culture and environment at the Court.  Based on this Strategy, specific action plans will be further identified.  This identification process will include consultations with internal and external stakeholders.  [July 9, 2021]

AFRICA

Kenya | Gicheru case: ICC Pre-Trial Chamber confirms charges of offenses against the administration of justice and commits suspect to trial

ICC Pre-Trial Chamber A confirmed the charges brought against Paul Gicheru and committed him to trial.  The judges found that there are substantial grounds to believe that Mr. Gicheru committed offenses against the administration of justice.  These consist of corruptly influencing ICC Prosecution witnesses in Kenya between April 2013 and the closure of the Ruto and Sang case on September 10, 2015.  It is alleged that the offenses were committed in furtherance of a common plan implemented by a group of persons, including Mr. Gicheru, to undermine the Prosecution’s case in the Ruto and Sang case.  [July 15, 2021]

Sudan | Abd-Al-Rahman case: ICC Pre-Trial Chamber confirms the charges of war crimes and crimes against humanity and commits suspect to trial 

ICC Pre-Trial Chamber II unanimously confirmed all charges brought by the Prosecutor against Ali Muhammad Ali Abd-Al-Rahman and committed him to trial.  The judges found that there are substantial grounds to believe that Mr. Abd-Al-Rahman is responsible for 31 counts of war crimes and crimes against humanity allegedly committed between August 2003 and at least April 2004 in Darfur, Sudan.  Mr. Abd-Al-Rahman is the alleged leader “Ali Kushayb” of the Janjaweed militia.  [July 9, 2021]

Mali | Al Hassan: Appeals Chamber confirms the decision on possible re-characterization of alleged facts 

The ICC Appeals Chamber unanimously confirmed Trial Chamber X’s “Decision on application for notice of possibility of variation of legal characterization pursuant to Regulation 55(2) of the Regulations of the Court” in the Al Hassan case.  The decision rejected the possible re-characterization of acts of sexual violence as torture, cruel treatment, and other crimes, as well as the possible legal re-characterization of police reports allegedly drafted or signed by Mr. Al Hassan and relied upon by the Islamic Tribunal to pass sentences.  The Chamber denied both grounds of appeal brought by the Defense.  [July 1, 2021]

ASIA

Philippines Supreme Court rules ICC has jurisdiction

The Supreme Court of the Philippines’ ruled that the ICC can prosecute government actors for alleged crimes committed before the state withdrew from the ICC’s jurisdiction.  This contradicts statements by President Rodrigo Duterte who asserts that the ICC does not have jurisdiction.  Earlier, in June, then ICC Prosecutor Fatou Bensouda requested judicial authorization to proceed with an official investigation arguing that there is a reasonable basis to believe that the crime against humanity of murder had been committed between 1 July 2016 and 16 March 2019 in the context of the Government of Philippines ‘war on drugs’ campaign.  [July 21, 2021]

July 2021

Monthly News Updates: Human Rights Institutions - July 2021

By: Irene Aparicio García, Junior Research Associate, PILPG-NL

The following post summarizes and highlights the work of regional and international human rights institutions around the world in the month of July.

EUROPE 

European Court of Human Rights | Russia lodges its first inter-state complaint before the ECtHR against Ukraine

The ECtHR has registered a Russian inter-state application against Ukraine.  This is Russia’s first inter-state application before the ECtHR.  The case concerns the alleged systematized oppression by Ukraine of Russian-speaking individuals in Ukrainian territory.  Russia also complained about Ukraine allegedly shutting down the water supply of the Northern Crimean Canal.  Furthermore, the complaint alleges that Ukraine bears responsibility for the downing of Malaysia Airlines Flight MH17, due to its failure to close its airspace.  The ECtHR rejected Russia’s request for interim measures to protect Russian-speaking individuals in Ukraine.  [July 23, 2021]

European Court of Human Rights | The ECtHR finds a failure by Russia to provide a legal framework for the acknowledgment of same-sex couples

The ECtHR has issued its judgment on the Fedotova and Others v. Russia case.  The case concerned the lack of domestic law acknowledging the ability of same-sex couples to marry at Russian municipal registry offices.  The ECtHR found a violation of the applicants’ right to respect for private and family life.  [July 13, 2021]

European Court of Human Rights | The ECtHR declares inadmissible an application on the alleged murder of Yasser Arafat

The ECtHR has declared the application for the case of El Kodwa Arafat v. France inadmissible.  The applicants are the widow and daughter of Yasser Arafat, the previous Chairman of the Palestine Liberation Organization.  The applicants claimed that the refusal of French authorities to admit an expert report on the circumstances of the death of Yasser Arafat as evidence amounted to a violation of their right to a fair trial.  The ECtHR held that French authorities acted diligently upon the complaint.  [July 1, 2021]

AFRICA 

African Commission on Human and People’s Rights | The ACHPR expresses its concern over excessive use of force during protests in the Kingdom of eSwatini. 

The ACHPR has expressed its concern over eSwatini police’s excessive use of force and the human rights violations during pro-democracy protests.  These protests started after police forces killed a student on May 14.  Since this date, eSwatini has deployed further personnel to subdue the protests, resulting in more civilian deaths.  [July 17, 2021]

African Commission on Human and People’s Rights | The ACHPR and the UNHCR express their concern over the migratory crisis in Mozambique

The ACHPR and the UN High Commissioner for Refugees (UNHCR) have expressed their concern over the migratory crisis in Mozambique.  The number of internally displaced persons is consistently increasing due to the conflict in northern Mozambique, and the situation continues to deteriorate due to attacks by non-state armed groups.  Moreover, the ACHPR and the UNHCR have expressed their concern over the Tanzanian authorities’ pushbacks of Mozambican migrants who try to cross the border.  [July 16, 2021]

THE AMERICAS 

Inter-American Commission on Human Rights | The IAHCR and the IACtHR condemn the murder of the President of Haiti, Jovenel Moïse

The IACHR and the IACtHR have condemned the murder of the President of Haiti, Jovenel Moïse, by an armed group on June 7, 2021.  Both institutions have given their condolences to the family and have expressed their concern over the health status of the wife of the President, who was injured during the attack.  The IACHR has called on Haiti to continue to respect democratic principles and the human rights of its population.  [July 9, 2021]

Inter-American Commission on Human Rights | The IAHCR publishes its observations and recommendations on a working visit to Colombia

The IACHR has published its report on its working visit to Colombia, which it conducted between June 8 and June 10 of this year.  The IACHR carried out the state visit following the reports of the security forces’ excessive use of force and human rights violations during the civilian protests that started on April 28.  The report includes the IACHR’s observations and recommendations, such as the need for inclusive dialogue and the consideration of human rights leaders.  [July 7, 2021]

Inter-American Commission on Human Rights | The IAHCR refers the case of Fabio Gadea and Daniel Ortega to the IACtHR

The IACHR has referred the case of the Nicaraguan Fabio Gadea to the IACtHR.  The applicant was the political opponent of Daniel Ortega, current president of Nicaragua, in the 2011 presidential elections.  The case concerns the legality of the candidacy of Ortega in the elections since a decision by the Supreme Court of Justice determined that Ortega could participate again despite having already served two presidential terms.  [July 8, 2021]

Inter-American Commission on Human Rights | The IACHR condemns human rights violations during the peaceful protests in Cuba

The IACHR and one of its Special Rapporteurs have condemned the Cuban authorities’ excessive use of force and the arbitrary detentions since peaceful protests commenced on July 11.  The protests started in reaction to decreasing access to food and basic provisions in Cuba since the beginning of the COVID-19 pandemic.  The IACHR has called on Cuba to join the international human rights mechanisms and to respect the protestors’ freedom of assembly.  [July 15, 2021]

The IACHR’s Office of the Special Rapporteur for Freedom of Expression has also expressed its concern over the human rights violations during the protests in Cuba.  The protests were followed by arbitrary arrests and improper safeguards ensuring due process and fair trial of the protestors.  The Office has called on Cuba to redirect its approach towards the protests and strengthen the respect for human rights.  [July 23, 2021]

UN MECHANISMS

UN High Commissioner for Human Rights | The High Commissioner for Human Rights expresses concern over the misuse of surveillance technology of the Pegasus software

The UN High Commissioner for Human Rights has expressed concern over the widespread use of the Pegasus software for the surveillance of human rights advocates, journalists, and politicians.  The High Commissioner has stressed that the misuse of surveillance technology can lead to human rights violations and even murders of civil society actors.  The High Commissioner also stressed that it is the responsibility of surveillance technology companies to ensure that their software is not used for human rights violations.  [July 19, 2021]

Human Rights Council | Developments during the Human Rights Council 47th session

The Human Rights Council finalized its 47th session on July 14, 2021.  During the session, the Council created an independent expert mechanism on systemic racism in law enforcement.  The Council also extended the missions of the Special Rapporteurs on the ongoing human rights situations in Eritrea and Belarus.  [July 14, 2021]

Moreover, the UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied by Israel since 1967 presented his annual report during the Human Rights Council session.  The expert concluded that Israeli settlements in occupied territories amounted to war crimes under the Rome Statute of 1998 and the Fourth Geneva Convention.  The Palestinian representative complained that Israel did not send a delegate to attend the session.  [July 9, 2021]

Lastly, the chair of the Independent International Commission of Inquiry on the Syrian Arab Republic issued a statement during the Human Rights Council session on July 6.  The chair stressed the ways in which the COVID-19 pandemic has affected Syrian civilians amidst the ongoing conflict in the region.  The chair also stressed the need to design and implement a “mechanism on the missing” to register persons that cannot be found or who are detained, which could help in determining the number of deaths.  The Syrian representative complained of interventionism and alleged human rights violations by external actors, like the United States and Turkey. [July 6, 2021]

July 2021

Monthly News Updates: Domestic Prosecution of International Crimes - July 2021

By: Alexandrah Bakker, Research Associate, PILPG-NL 

The following post highlights developments from around the world in the domestic prosecution of international crimes.  This month saw developments at all stages of criminal proceedings, including the filing of criminal complaints, the strengthening of national legislation, and steps towards long-awaited convictions.

EUROPE

Bosnia and Herzegovina | Top Bosnian official implements ban on genocide denial

Valentin Inzko, High Representative of Bosnia and Herzegovina, used his power to modify the state’s criminal code by imposing a ban on genocide denial and the glorification of war criminals. [July 23, 2021] 

Germany | Hamburg court sentences woman to extra jail time for use of Yazidi slaves

A Hamburg court has sentenced a German woman, who was already serving a sentence for membership of ISIS, to an extra six months’ imprisonment for the use of Yazidi slaves to clean her home in Syria. [July 22, 2021] 

The Netherlands | The Hague District Court convicts Syrian man of war crime

The District Court of The Hague convicted Ahmad Al K., a Syrian citizen, of a war crime for his involvement in the execution of a Syrian military officer being held as a prisoner of war.  The Court sentenced Al K. to 20 years’ imprisonment. [July 16, 2021] 

Kosovo | Pristina Basic Court issues first-ever conflict-related sexual violence conviction

The Pristina Basic Court convicted a former Serb policeman of rape and of the expulsion of Albanians during the conflict in 1999.  The decision marks the first time a Kosovar court has convicted a suspect of sexual violence in relation to the conflict. [July 5, 2021] 

France | Magistrates open investigation into fashion groups for complicity in crimes against humanity

French magistrates have opened an inquiry into four major multinational companies for complicity in crimes against humanity.  The investigation is a response to a criminal complaint alleging that these companies profited from the forced labor of the Uyghur minority in the Xinjiang region of China. [July 1, 2021]

The Netherlands | The Hague District Court convicts Dutch woman of war crimes

The District Court of The Hague convicted a Dutch woman of the war crime of outrage upon the personal dignity of deceased persons, as well as incitement to commit war crimes for sharing and commenting on videos depicting the execution of prisoners of war.  In the same judgment, the Court officially designated ISIS as a criminal organization with the purpose to commit war crimes. [June 29, 2021]

ASIA

The Philippines | Supreme Court rules that International Criminal Court has jurisdiction

The Supreme Court of the Philippines has ruled that the International Criminal Court (ICC) has jurisdiction over the alleged crimes of government actors during President Duterte’s “War on Drugs.”  The Supreme Court held that, despite statements to the contrary by the executive, the ICC has jurisdiction over crimes committed prior to the state’s withdrawal from the Court in 2019.  Ultimately, however, it is for the ICC itself, and not a domestic court, to determine its own jurisdiction. [July 21, 2021]

THE AMERICAS

Colombia | Colombian Special Jurisdiction for Peace makes “false positive” accusations

The Colombian Special Jurisdiction for Peace (JEP), in two separate decisions, has accused 25 military officials of the murder of 247 civilians.  The murders are allegedly part of what is known as the “false positive” scandal, whereby the military falsely presented dead civilians as rebels killed in combat. [July 20, 2021]

AFRICA

The Gambia | High Court of Banjul sentences former minister to death

The High Court of Banjul convicted former minister Yankuba Touray of murder and sentenced him to death.  In an earlier stage of Touray’s case, the Supreme Court of the Gambia decided that, despite a constitutional provision providing amnesty to members of the former junta, there would be no immunity from prosecution for violations of non-derogable human rights.  Touray’s conviction comes as the Gambia’s Truth, Reparation and Reconciliation Commission prepares to publish its report and to make recommendations for the prosecution of other alleged perpetrators of the junta. [July 14, 2021]