Fashion industry case and Uyghurs, China
For justice beyond
borders
Why was a legal action brought against Inditex, Uniqlo, SMCP and Skechers?
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.
20% of the world’s cotton production originates from the Xinjiang Uygur Autonomous Region in China. The Uyghurs and other ethnic and religious minorities of this region have been the target of the Chinese government’s repressive policies, which, under the guise of poverty alleviation and the fight against terrorism, aim to impose a globalized social control.
In addition to the mass internment of Uyghurs for ideological ‘re-education’ purposes, the government created a vast system of forced labour. 1 in 5 cotton garments in the global apparel market are at risk of being tainted with Uyghur forced labour.
By allegedly selling products which were made using Uyghur forced labour at any level of the value chain, numerous multinationals could be profiting from crimes committed by the Chinese government against this minority. The NGOs Sherpa, Collectif éthique sur l’étiquette, the European Uyghur Institute and a Uyghur plaintiff filed a criminal complaint against several garment companies for concealment of forced labour and concealment of crimes against humanity.
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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.
