Evidence of meeting #30 for International Trade in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was labour.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Jeff Vogt  Legal Advisor, Department of Human and Trade Union Rights, International Trade Union Confederation (ITUC)
Theresa McClenaghan  Executive Director and Counsel, Canadian Environmental Law Association
Charles Kernaghan  Director, Institute for Global Labour and Human Rights

12:05 p.m.

Director, Institute for Global Labour and Human Rights

Charles Kernaghan

Thank you very much for the opportunity to testify about labour rights in Jordan.

When the institute began its work in Jordan, we discovered that over the course of the five years from 2001 until 2006, the United States-Jordan free trade agreement had descended into human trafficking of guest workers, who were stripped of their passports, held under conditions of indentured servitude, and forced to work gruelling hours while being cheated of their wages.

After our report was released, there were some minor improvements. For one thing, many of the guest workers received their passports back again.

Other than that, violations continue. I would like to bring you up to date on one of those violations, which is going on right now, today.

We just released this report yesterday. It is on a factory called Rich Pine, in the Cyber City Industrial Park. It makes clothing for Liz Claiborne and J.C. Penney and Macy's and Kohl's. Its Chinese and Bangladeshi guest workers are working 14 hours a day, seven days a week. They are at the factory 96 hours a week. That's just the norm. They have had only one day off in the last 120 days, in the last four months. The workers are being paid about 70¢ an hour, which appears to be.... It is below the minimum wage in Jordan, which is 74.5¢.

The workers have no rights whatsoever. It's a real sweatshop. Workers are housed in primitive dormitories. The Chinese workers and Bangladeshi workers have no voice. In the dormitories during wintertime, there is not sufficient heat or hot water. Their bathing facilities are a bucket of water; they use a cup and splash water on themselves. The workers are treated with no rights whatsoever.

I would say in that Rich Pine factory, every single labour right under Jordanian law and under the U.S. free trade agreement is being blatantly violated in broad daylight.

I want to make just two other comments.

We know that the U.S.-Jordan free trade agreement was the best free trade agreement ever negotiated by the United States, because it had the core labour rights at the centre of the free trade agreement: the freedom of association, the right to organize and to bargain collectively. What turns out is that the Jordanian government amended the free trade zone.

Do you know what the Jordanian government did? They said that guest workers would have to be employed in the private sector for five years before they could organize a union; the only problem is that guest workers get three-year contracts.

Then, to make it worse, the Jordanian government said that if the guest workers want to organize, they will have to go to their home countries and they'll have to pass legislation, in a country like China, giving the Chinese workers in Jordan the right to have a union.

In other words, the right to organize and to bargain collectively is being blocked by the Jordanian government. We have the documents to prove this, the cables that we received, so I'm very skeptical about the Government of Jordan living up to its rights under Jordanian law and also under the U.S. free trade agreement.

We know right now, 10 years into the free trade agreement, that guest workers do not have the right to organize a union and they do not have the right to collective bargaining under these roadblocks the government has thrown up. Again, this has come out in U.S. government documents.

I want to talk finally and briefly about the Classic factory in Jordan. It's the largest factory in Jordan. There are 5,000 workers from Egypt, Bangladesh, Sri Lanka, and China.

They have $125 million of exports to the U.S., most of it Walmart and Hanes. The workers are working 14, 15 hours a day. Maybe they get two Fridays off a month. The workers are slapped, screamed at. When shipments have to go out, they'll work 18-and-a-half-hour shifts.

But that's the least of it. What we have discovered is that at the Classic factory, Jordan's largest factory, there are scores and scores of young women guest workers who have been raped at the Classic factory.

I'll tell you how we found out about this. We were in Jordan in December of 2010. Young women came to us and gave us disks. They gave us tapes that they had made themselves with their cellphones testifying about the rapes, pleading that we help them, pleading that we stop the rapes.

A young woman, Kamala, told us about the men—it was Anil Santha in this case, but there was also Priyantha and these other people—that:

I was molested in every way.... That man tortured me. He took a lot of sexual advantages from me…I had to fulfill everything he desired because I was placed in an extremely vulnerable situation and intimidated… My whole body is in pain…. I cannot face my mother and father. I am destroyed. I cannot even change clothes before my mother because Priyantha has destroyed me. I have teeth marks all over my body.

She goes on to say that she was so horrified and humiliated, she would have committed suicide:

I cannot take my own life because I am extremely poor. I am the only one to take care of my parents. This is why I came here [to Jordan].

This young woman from Sri Lanka came to this Classic factory and was raped repeatedly.

It goes on and on. It's in our report. It's in our updates.

We rescued a young Bangladeshi girl, Nazma, in June of 2011. They took her out of the factory and told her she was going to another factory. She was frightened, as she'd just gotten there. She was working at one of the Classic factories; there are five different Classic factories.

When a supervisor came over and told her she had to go to another factory, she went outside and got in the car with the general manager of the factory, Anil Santha, and they drove. They parked in front of a house. She was confused. It wasn't a factory. She was getting scared. They opened the door, they walked in, and she thought maybe there was a factory through the next door. Of course there wasn't. He threw her on a bed and he raped her. He tore her dress and bit her shoulder. He did this in March of 2011. In May of 2011, he raped her twice again, biting her shoulder and leaving a big black and blue mark.

We're right now involved in additional rape victims' testimonies. We will not let this case go away.

In 2010 the workers went on strike: 2,500 Sri Lankan and Indian workers went on strike. They were tear-gassed and beaten by the police. The demand was to get rid of the general manager, Anil Santha, who was raping the women.

Everybody knows about this. The one reason they can get away with it is that Muslim women cannot talk about being raped without having their husband leave them, their children taken away, or their being ostracized.

I see very big problems in Jordan and the lack of respect of human and women's rights.

12:15 p.m.

Conservative

The Chair Conservative Rob Merrifield

Thank you very much. Thank you for that testimony.

We'll now move on to the question and answer portion of our meeting.

Mr. Côté, the floor is yours for seven minutes.

12:15 p.m.

NDP

Raymond Côté NDP Beauport—Limoilou, QC

Thank you very much, Mr. Chair.

I want to begin by thanking Mr. Kernaghan for his remarks. Would you be able to provide the committee with the proof you showed us?

12:15 p.m.

Director, Institute for Global Labour and Human Rights

Charles Kernaghan

Yes, of course. There are also articles from the Wall Street Journal, the Huffington Post, and Associated Press.

12:15 p.m.

NDP

Raymond Côté NDP Beauport—Limoilou, QC

Thank you.

Mr. Clerk, would it be possible to obtain those for the committee members?

I want to compare your comments with those made by Mr. Vogt, from the International Trade Union Confederation. You told us that there were some improvements concerning human rights and labour rights in Jordan.

Mr. Vogt, however, told us earlier that even the International Labour Organization was reviewing its standards, which could result in the ILO identifying more problems in Jordan.

Overall, do you think there has really been a tangible improvement in the working conditions of immigrant workers in the Hashemite Kingdom of Jordan? And if so, in what form and according to which criteria?

12:20 p.m.

Director, Institute for Global Labour and Human Rights

Charles Kernaghan

I think the problem in Jordan is that there's very little actual research on worker conditions and factory conditions. It sounds maybe too bad to say it, but Jordan is a very corrupt country. You can buy anybody off very easily.

For example, with the Rich Pine Factory I just spoke about, they're on the “Golden List” of the Ministry of Labour as being among the best factories in Jordan. Yet the people are working 14 hours a day, seven days a week.

In other words, something's broken here. Yes, workers did receive their passports back, and yes, workers aren't being brutally beaten or killed. But when you still have instances of rape of young women, and you still have these gruelling hours, and the workers have no rights....

The Jordanian government will not allow these workers to organize. Even the media in Jordan; 94% of journalists in Jordan say they self-censor themselves because they could be hit with a $28,000 fine for offending the government.

In other words, this is a very tough case. If you go forward, it would be so important to level a real demand that the workers have the right to organize and to bargain collectively. Right now they have no power whatsoever.

12:20 p.m.

NDP

Raymond Côté NDP Beauport—Limoilou, QC

That is a significant revelation. In fact, one of the arguments I often make in this committee is that it may be well and good to have certain rules and rights in place, but without the will or ability to enforce them, they are basically meaningless. Ultimately, they aren't worth anymore than the paper they are written on.

I want to come back to the improvements that were reported. They seem quite piecemeal and very long in coming. That is what you said about the U.S.-Jordan agreement, which started out as a very good agreement but was unfortunately amended by the Hashemite Kingdom of Jordan.

Given the weak structures in place and the weak will shown by the government, do you think that improvements we should expect to see will still take too long to materialize and will not really address the issue of repeated violations of workers' rights within a reasonable timeframe?

12:20 p.m.

Director, Institute for Global Labour and Human Rights

Charles Kernaghan

We could hope so, but there would have to be a whole new Ministry of Labour. There would have to be real pressure from the U.S. government.

Speaking in terms of the U.S.-Jordan free trade agreement, our government knows exactly what's going on, because inside that cable they say that we have to put more pressure on the Government of Jordan; we have to let Jordan know that we give them more than $600 million a year and so on.

So everybody's aware of the problems, but they're not being corrected. The guest workers are really suffering.

As a matter of fact, do you know what the Jordanian government did? When we put out our report in 2006 that first exposed the trafficking of workers and the bidding on workers, they banned Bangladeshis from working in Jordan. Their response was to put a ban in 2006 that no Bangladeshis could come into Jordan. That lasted three and a half years, until 2010, when they needed more Bangladeshi workers. They lifted the ban and they allowed Bangladesh women to enter Jordan, but not men. So this thing is a manipulation from beginning to end.

It could be further improved, but you would have to sit with the government at a high level, and it would have to be serious. They would have to be held to some accountability.

You might be able to do that. You might make a breakthrough.

12:20 p.m.

NDP

Raymond Côté NDP Beauport—Limoilou, QC

I hope so.

One last very brief question, Mr. Chair.

As an ally and a friend to the U.S., we would be glad to help with the issue of accountability.

I want to pick up on the issue of freedom of association. If I understood you correctly, we can conclude that the very inadequate rights granted by the Jordanian government to unions seem to represent another barrier to better working conditions. Is that correct?

12:25 p.m.

Director, Institute for Global Labour and Human Rights

Charles Kernaghan

Well, yes, under the U.S.-Jordan free trade agreement the rights are quite specific. They're the ILO, International Labour Organization, rights for collective bargaining and organizing. Jordanian law is completely different.

Recently, when we were in Jordan we saw the president of the garment workers' union from Jordan meeting with the owner of the Classic factory at the very time we were raising these allegations about the rape of these young women. I think much more pressure has to be applied.

12:25 p.m.

Conservative

The Chair Conservative Rob Merrifield

Thank you very much.

We'll now move on to Mr. Adler for seven minutes.

12:25 p.m.

Conservative

Mark Adler Conservative York Centre, ON

Thank you, Chair.

I want to thank you, Mr. Kernaghan, for those very candid remarks.

I'm just curious. Is that degenerate still working at the Classic factory? Are you aware?

12:25 p.m.

Director, Institute for Global Labour and Human Rights

Charles Kernaghan

Yes, Anil Santha has a long history of raping women. He did it in Dubai, and he did it in Kuwait, I think. People know him quite well.

12:25 p.m.

Conservative

Mark Adler Conservative York Centre, ON

Is he still employed there?

12:25 p.m.

Director, Institute for Global Labour and Human Rights

Charles Kernaghan

He has now been suspended, but we don't really know what the status is. He's not entering the factory every day, but he is still in Jordan.

12:25 p.m.

Conservative

Mark Adler Conservative York Centre, ON

Mr. Kernaghan, how long have you been heading up the National Labor Committee?

12:25 p.m.

Director, Institute for Global Labour and Human Rights

Charles Kernaghan

It's been over 25 years.

12:25 p.m.

Conservative

Mark Adler Conservative York Centre, ON

In that time period, have you seen a free trade agreement that you have really liked, something that's a model of a bilateral agreement that you think should be held up as the model for all free trade agreements, and if so, which one is that?

12:25 p.m.

Director, Institute for Global Labour and Human Rights

Charles Kernaghan

Well, actually, the U.S.-Jordan free trade agreement was the model, and it was endorsed by the AFL-CIO. It was endorsed by the labour movement in the United States. It was endorsed by very progressive unions like the Steelworkers. In other words, this was really the first breakthrough. The agreement was written under President Clinton back in 2000. It was implemented in 2001, but this really was the standard-bearer, and everybody got behind it.

12:25 p.m.

Conservative

Mark Adler Conservative York Centre, ON

But in your opinion, in your 20-some years, throughout the course of those two decades, what agreement did you personally really like?

12:25 p.m.

Director, Institute for Global Labour and Human Rights

Charles Kernaghan

Well, it would have been the Jordan one, but in fact we travelled to Mexico. There were many problems under NAFTA. We went to Central America. We worked there for years. There were lots of problems under the U.S.-Central America free trade agreement. We were hoping that the Jordan model would actually work, actually function.

12:25 p.m.

Conservative

Mark Adler Conservative York Centre, ON

In terms of improvements on the ground, you're saying that the text of the U.S.-Jordan free trade agreement was a great model. You're also saying that it received bilateral support in the U.S. Congress. It received the support of President Clinton. It received the support of business, and it received the support of organized labour. However, you're also saying that on the ground in Jordan, the text—not even the spirit—of the free trade agreement is not being upheld.

Is that correct?

12:25 p.m.

Director, Institute for Global Labour and Human Rights

Charles Kernaghan

Yes, it's not being upheld.

12:25 p.m.

Conservative

Mark Adler Conservative York Centre, ON

Pre-free trade agreement, what were the conditions like, compared to post-free trade? Has there been any kind of improvement whatsoever from pre- to post-free trade?

12:25 p.m.

Director, Institute for Global Labour and Human Rights

Charles Kernaghan

In the case of Jordan in particular, this is a very strange free trade agreement, because you have guest workers coming from China, Bangladesh, India, Sri Lanka, and Myanmar; the Jordanians wouldn't work in the factories. Only now are Jordanians working in the factory, and usually they make up a very small percentage of the workers—10% to 15%. So this is really driven by guest workers. The free trade agreement is also odd in that they exported $125 million of goods to the U.S. from this Classic factory. It all comes in duty free. So we gave the Classic factory a $20 million tariff rate, and then on top of that, all of the textiles are from China. So two-thirds of the value of the free trade agreement is really benefiting China.