Auchan case in Bangladesh
For justice beyond
borders
Why was a legal action brought against Auchan?
Sherpa recalls that any person accused or prosecuted by a national or international jurisdiction is presumed innocent until found guilty by a final court decision. In this respect, an appealable decision does not constitute a final decision.
On April 24, 2013, the collapse of the Rana Plaza in Bangladesh killed more than 1,100 people. The tragedy has highlighted the working conditions of the workers who make the clothes for the biggest names in the textile and distribution industry, some of whom are French.
Labels of the brand In Extenso belonging to Auchan group were found in the rubble. Yet, on its website and in its stores, Auchan prides itself on its exemplary ethics and highlights its voluntary CSR commitments regarding the rights of workers in its value chain.
Sherpa, alongside Action Aid and the Collectif Ethique sur l’Étiquette filed a complaint on April 23, 2014, arguing that Auchan’s statements amounted to deceptive marketing practices because the working conditions in the factories of its subcontractors contradicted its declarations.
Through this action, Sherpa uses the law to sanction fairwashing, a practice that consists in claiming to be ethical for marketing purposes, without ensuring the veracity of the statements made. The sanction of this behavior is crucial: companies should not profit from unkept promises relating to the respect of human rights and the environment. Especially since these statements contribute to the perpetuation of human rights violations by making them invisible.
Timeline
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Impact
Why initiate legal action?
The law is a tool of power in a globalised world. It underpins power relations and encourages impunity for the most powerful. Because of their transnational nature, or the political and economic stakes involved, many violations escape justice. Bringing cases before the courts means putting the debate back on a legal footing, giving a voice to the people affected and thus restoring the legal tool to social movements.
Thanks to the work of NGOs and journalists, the consequences of globalisation are increasingly being documented and denounced. Our legal actions make it possible to initiate an contentious proceedings, establish the facts and apply the rules of law to these situations. They also aim to provide practical solutions by putting a stop to violations, holding the players concerned responsible and/or enabling victims to obtain compensation.
In support of our advocacy and in parallel with our legal laboratory and capacity-sharing activities, our legal actions are designed to contribute to wider and lasting change. They fuel public debate to highlight the limits of the legal framework and the obstacles facing the victims of globalised capitalism. They set precedents that shape a more protective legal framework.
