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Download the Correspondence with FIFA 350 Fifth Avenue, 34th Floor New York, NY 10118-3299 Tel: +1-212-290-4700 Fax: +1-212-736-1300; 917-591-3452 May 3, 2017 Europe and Central Asia Division Hugh Williamson, Director Rachel Denber, Deputy Director Gianni Infantino Benjamin Ward, Deputy Director Philippe Dam, Advocacy Director Jane Buchanan, Associate Director President Tanya Lokshina, Russia Program Director Inna Khodzhaeva, Moscow Office Director Fédération Internationale de Football Association Giorgi Gogia, South Caucasus Director Emma Sinclair-Webb, Turkey Director Zurich, Switzerland Judith Sunderland, Associate Director Tanya Cooper, Researcher Lydia Gall, Researcher Yulia Gorbunova, Researcher Mihra Rittmann, Researcher Sent by email to: [email protected] Steve Swerdlow, Researcher Eva Cosse, Researcher Kartik Raj, Researcher Viktoriya Kim, Senior Coordinator Kathryn Zehr, Senior Associate Dear Mr. Infantino, Anže Močilnik, Associate A DVISORY Committee Catherine Zennström, Chair Jean Paul Marthoz, Vice-chair We are writing to share our findings related to human rights based on Henri Barkey Gerhart Baum research conducted in six 2018 FIFA World Cup host cities in Russia. Rudolf Bindig Yves Robert-Charrue Alexander Cooley Stephen Del Rosso Felice Gaer Concerns related to Workers’ Rights Michael Gellert Miklós Haraszti Alice H. Henkin Jeri Laber Walter Link Human Rights Watch interviewed Russian and migrant workers Masha Lipman Helena Luczywo engaged in construction of World Cup 2018 sites in Moscow, St. Jane Olson László Jakab Orsós Arjan Overwater Petersburg, Kaliningrad, Ekaterinburg, and Rostov-on-Don. Kimberly Marteau Emerson Glenda Nühn-Morris Interviewees included local workers residing in World Cup host cities, Can Paker Lucy Pereira Signe Rossbach workers from different cities in Russia migrating internally for World Colette Shulman Leon Sigal Cup construction work, and migrant workers from Belarus, Tajikistan, Malcolm Smith Mark von Hagen Joanna Weschler Kyrgyzstan, Uzbekistan, Serbia, and Turkey. Human Rights Watch Kenneth Roth, Executive Director We documented exploitation of and abuse against these workers Michele Alexander, Deputy Executive Director, Development and Global Initiatives including: non-provision of contracts and other documentation Nicholas Dawes, Deputy Executive Director, Media Iain Levine, Deputy Executive Director, Program required for legal employment; non-payment of wages; 2-3 month Chuck Lustig, Deputy Executive Director, Operations Bruno Stagno Ugarte, Deputy Executive Director, Advocacy delays in wages; employer retaliation against workers who protest Dinah PoKempner, General Counsel non-payment of wages, such as firing or financial penalties; and James Ross, Legal & Policy Director Hassan Elmasry, Co-Chair Robert Kissane, Co-Chair workers required to work outdoors in temperatures well below freezing. Interference from state authorities and serious security threats posed by that interference forced us to stop our efforts to conduct interviews with workers in Volgograd. Exploitation and abuse of workers are pervasive problems in Russia’s construction industry. Human Rights Watch extensively documented the same types of abuses during Russia’s preparations for the Sochi 2014 Winter Olympics, in a February 2013 report, “Race to the Bottom: Exploitation of Migrant Workers ahead of Russia’s 2014 Winter Olympic Games in Sochi.” Human Rights Watch also documented abuses against migrant construction workers in Moscow, St. Petersburg, Ekaterinburg, and other cities, in a 2009 report, “Are You Happy to Cheat Us? Exploitation of Migrant Workers in Russia.” Despite these long-standing and well-documented issues, the Russian government has not done enough to monitor and curb abusive practices in the construction sector and hold employers accountable. In Sochi, when Russian authorities conducted a wide-scale investigation into workers’ rights on Olympic construction sites in December 2013, they uncovered over US$8.3 million in unpaid wages to workers. The inspections, just two months before the start of the Games, came too late to benefit many workers who had faced similar abuses during at least five years of Olympic preparations. Human Rights Watch had raised concerns about exploitation and other human rights concerns with the International Olympic Committee and the Russian authorities starting in 2008. Recommendations We are aware that FIFA’s “Sustainability Strategy of the 2018 FWC” includes clauses related to decent work, and that FIFA and the Russian Local Organizing Committee, in collaboration with Building and Wood Workers' International (BWI), and the Russian Construction Workers Union (RBWU) have undertaken a project to monitor working conditions at World Cup stadiums in Russia. We recognize that this is the first initiative of its kind for FIFA. At present, there is no public information available about the terms, nature, or scope of this monitoring, or of the results to date. We would welcome more information about the monitoring procedures. Specifically: • What are the specific roles of each of the parties to the MOU? • What is the role of the Klinsky Institute of Labour Protection and Working Conditions and who has hired them? • What is the nature of the inspections conducted on 2018 World Cup Stadium sites? Information detailing the nature of the inspections would include topics such as: o Who conducts the inspections? o Are the inspections announced or unannounced? o How frequent are the inspections? o What specific topics are examined during the inspections? o What are the standards used to measure compliance or non-compliance, such as Russian labor and other laws and international labor and human rights standards? o What information are inspectors required to record? o Do the inspectors conduct such interviews? o If inspectors interview workers, is there capacity for inspectors to interview workers who do not speak Russian, and capacity to interview them in privacy from their supervisors? • Are there inspections of other sites related to 2018 World Cup preparations? • How many inspections have been conducted to date, on what dates, and on what sites? • What are the results of the inspections? How many violations have been found? On which sites? What types of violations? • How do FIFA and the Local Organizing Committee (LOC) act on the results of the inspections? What are the specific steps FIFA and the LOC take to remedy violations? What are the concrete outcomes and remedies concerning violations documented to date? • What are FIFA’s plans regarding publication of detailed information about the inspections, their results, remedies taken, and outcomes? The UN Guiding Principles on Business and Human Rights call on businesses to ensure transparency as part of a credible response to human rights concerns, or “both know and show that they respect human rights in practice.” Specifically, the Guiding Principles state: “business enterprises whose operations or operating contexts pose risks of severe human rights impacts should report formally on how they address them” including by providing “information that is sufficient to evaluate the adequacy of an enterprise’s response to the particular human rights impact involved…” (Guiding Principle no. 21). We look forward to your response to these questions. We request that you share this information by June 1, 2017 to ensure that we may accurately reflect FIFA’s position in Human Rights Watch’s reporting. Sincerely, Jane Buchanan Associate Director Europe & Central Asia Division Human Rights Watch Minky Worden Director, Global Initiatives Human Rights Watch Jane Buchanan, Sent via email to: Associate Director Europe & Central Asia Division Jane Buchanan ([email protected]) and Minky Worden, Minky Worden ([email protected]) Director, Global Initiatives Human Rights Watch 350 Fifth avenue, 34th Floor New York, NY 10118-3299 Zurich, 8 June 2017 Response to your letter requesting information on FIFA’s Decent Work Monitoring System in Russia f ad/agr Dear Jane, dear Minky Thank you for the letter sent to FIFA President Gianni Infantino on 3 May 2017 and for sharing elements of the findings of your research conducted in six 2018 FIFA World Cup host cities in Russia. Given that the topic of human and labour rights is part of my Department’s responsibility, the FIFA President and the FIFA Secretary General asked me to provide you with FIFA’s response. First, let me assure you that we share your objective to ensure decent working conditions on all construction sites related to FIFA’s activities. Over the past years, FIFA has taken great strides forward in its work in this regard. As you know, we set-up a dedicated Decent Work Monitoring System in Russia in April 2016. The six stadiums as well as the issues you mention in your letter are covered by our system. Over the past year, we have seen significant improvements in the application of labour standards on FIFA World Cup stadium construction sites in Russia and we are confident that our system is an important driver for these developments. The quarterly monitoring visits carried out by an independent expert organisation on all stadium construction sites for the 2018 FIFA World Cup have allowed us to identify issues and take steps to address them. This process and its results have also been validated by national and international trade unions through joint inspections. That said, we acknowledge the challenges involved in the continuous effort to ensure decent working conditions on construction sites. The constant review of the
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