Business Accountability for Human Rights Violations in the Assam Tea
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A Bitter Brew: Business Accountability for Human Rights Violations in the Assam Tea Supply Chain Madhura Rao Researcher Madhura Rao MSc Food Safety, Wageningen University Registration number: 950316680040 Supervisor & Examiner A Dr. Nadia Bernaz Law and Governance Group, Wageningen University Examiner B Dr. Kai Purnhagen Law and Governance Group, Wageningen University Image on the cover page retrieved from www.reuters.com I AKNOWLEDGEMENT First and foremost, I would like to thank my MSc thesis supervisor, Dr. Nadia Bernaz, for her valuable feedback, support, and immense patience with my initial lack of familiarity with the topic of business and human rights. I would like to express my gratitude towards Green Office, Wageningen and Studium Generale, Wageningen for giving me the opportunity to work with them on the lecture series on Modern Slavery and practically apply the knowledge I gained during my thesis. I would also like to acknowledge the support of all my colleagues from the Law & Governance group of Wageningen University and thank them for their insights and encouragement throughout my research. Lastly, I would like to thank my family, without whose moral and financial support, I would not have had the opportunity to be a part of the Wageningen UR family and pursue this research. II ABSTRACT Assam tea is globally celebrated for it brisk, malty flavour. It is an irreplaceable ingredient in several breakfast tea blends around the world and provides much impetus to the Indian economy. Images of cheerful, saree-clad women picking leaves in the lush Assamese tea gardens are often the face of packaged Assam tea. However, this imagery is starkly different from the reality of a life on Assam’s tea plantations. This plantation community has been subjected to human rights violations for over a century- first, at the hands of British colonisers and now by multinational tea companies. The workers are dependent on their employers for basic necessities and are thus severely exploited. This research aims to explore how international and domestic law can be applied to ensure that businesses sourcing tea from the region take responsibility for the human rights violations in their supply chains. For this purpose, the study is divided into three parts. The first part provides an overview of the Assam tea industry- it’s birth, it’s current standing, and the hardship faced by its workers. The second part focuses on legal analysis of the business and human rights framework and its applicability to the issue. The last part discusses the position of the UK’s wealthiest tea businesses on this issue. Key words- business and human rights, Assam tea, CSR, multinational companies III LIST OF ABBREVIATIONS ABF Associated British Foods ACMS Assam Chaha Mazdoor Sangha APPL Amalgamated Plantations Private Limited BHR Business and Human Rights BTG Bettys and Taylors Group CAO Compliance Advisor/Ombudsman CDF Community Development Forum CIPS Chartered Institute of Procurement and Supply CSR Corporate Social Responsibility DP Directive Principles of State Policy ETP Ethical Tea Partnership F&A Fortnum & Mason FIDH International Federation for Human Rights FR Fundamental Right IV GNRTFN Global Network for the Right to Food and Nutrition ICESCR International Covenant on Economic, Social and Cultural Rights IFC International Finance Corporation ILO International Labour Organization INR Indian Rupee ITMEB Indian Tea Market Expansion Board IUF International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations MIGA Multilateral Investment Guarantee Agency TBG Tata Global Beverages MNE Multinational Enterprise MSA Modern Slavery Act NAP National Action Plan NCP National Contact Point OECD Organisation for Economic Co-operation and Development V SRSG Special Representative of the Secretary- General TISC Transparency in Supply Chain Clause TNC Transnational Corporation UN United Nations UNGPs United Nations Guiding Principles UNHRC United Nations Human Rights Council UNICEF United Nations Children's Fund UNCTC United Nations Centre on Transnational Corporations UPR Universal Periodic Review VI LIST OF DEFINITIONS Adivasi Indian indigenous people Assam Chah Mazdoor The largest trade union organizing labourers in tea gardens of Sangha the Assam Valley in north-eastern India. Behind the Brand Oxfam’s campaign to assess the agricultural sourcing policies of the world's 10 largest food and beverage companies. Constitutional law A body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens. Coolie A South Asian or Chinese worker engaged in unskilled manual labour Corporate Social A management concept whereby companies integrate social and Responsibility environmental concerns in their business operations and interactions with their stakeholders. Ethical Tea Partnership A not for profit membership organisation that aims to improve tea sustainability, the lives and livelihoods of tea workers and smallholder farmers, and the environment in which tea is produced. Human Rights Rights that every person is entitled to, without any discrimination. Examples of human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, and the right to work and education. VII Indentured labour A system of servitude governed by a signed contract that binds the employee in bonded labour. International Federation International human rights NGO federating 184 organisations for Human Rights from 112 countries. Know the Chain An organisation dedicated to helping companies and investors understand and address forced labour risks in their supply chains. Labour Rights A group of legal rights and claimed human rights having to do with labour relations between workers and their employers, usually obtained under labour and employment law. Modern Slavery A group of crimes including human trafficking, slavery and slavery like practices, forced labour, forced or servile marriage, the sale and exploitation of children, and debt bondage. Rainforest Alliance Non-governmental organization working to conserve biodiversity and ensure sustainable livelihoods by addressing land-use practices, business practices and consumer behaviour. Sirdari system A system of recruitment in British India where a Sirdar or foreman would recruit Indian workers to work for the British enterprises. Solidaridad International civil society organisation that aims to facilitate the development of socially responsible, ecologically sound and profitable supply chains. Special Representative of A highly respected expert who has been appointed by the Secretary-Genera the Secretary-General of the United Nations to represent her/him in meetings with heads of state on critical human rights issues. VIII Tort A wrongful act or an infringement of a right (other than under contract) leading to legal liability. Transnational A corporation that has a home base, but is registered, operates and corporation has assets or other facilities in at least one other country at one time. Also known as a multinational corporation. Trustea An industry initiative to develop and implement a sustainability Code for the Indian domestic tea market. Universal Periodic A process which involves a periodic review of the human rights Review records of all 193 United Nations Member States. Whistleblowing The act of exposing any kind of information or activity that is deemed illegal, unethical, or not correct within an organization that is either private or public. IX ASSAM ON THE INDIAN MAP X TABLE OF CONTENTS Aknowledgement ...................................................................................................................... II Abstract .................................................................................................................................... III List of abbreviations ............................................................................................................... IV List of Definitions .................................................................................................................. VII Assam on the Indian Map ......................................................................................................... X Table of Figures ......................................................................................................................... 3 1. Introduction ............................................................................................................................ 4 1.1 Problem statement ............................................................................................................ 4 1.2Why UK-incorporated tea businesses? .............................................................................. 6 1.3 Research questions ........................................................................................................... 7 1.4 Research Methods............................................................................................................. 7 1.4 Outline .............................................................................................................................. 8 2. The Assam Tea Industry ...................................................................................................... 10 2.1 The Discovery of Tea in Assam ....................................................................................