Six years after the devastating fire in a Pakistani supplier to the factory of the textile disco is Kik in Dortmund before the court. The plaintiffs claim damages. The procedure could set a precedent.
Saeeda Khatoon lost her son in the flames
More than 250 people came to the 2012 fire in a garment factory in the Pakistani port city of Karachi killed. Now, the textile disco is Kik, at that time, the main client of the factory, in an unprecedented process in Dortmund before the court. A victim of the fire, as well as three survivors demand compensation. The court upholds the action for annulment, for the first time could be a German company for an accident in a foreign suppliers liable.
Fires, accidents, poor working conditions in textile factories in low-wage countries such as Pakistan and Bangladesh, have in recent years increasingly in the headlines – and with them, the clothing company for which they work. To all the white Ansgar Lohmann, head of Corporate Social Responsibility (CSR) in Kik. He also finds that companies must take more responsibility for suppliers abroad.
Kik, myself, have improved a lot – and in the case of the fire in Karachi, model arrived: “We had to do with the cause of the fire at the time, nothing, because it was a stop. Meanwhile, seven Pakistani investigative authorities has been proven that it has thrown in there specifically accelerant in front of the emergency exits or in front of stairs. Nevertheless, the Hardship of the victims was us, of course, at the heart, and we have paid to you, therefore, a total of 6.15 million dollars.”
The court could view the claims as time-barred
Apart from the already made voluntary payments on Kik looks at the action as time-barred and refers to the legal opinion of a British expert. Whether the district court of Dortmund looks the same, presumably, can only be determined in a number of weeks.
The factory, Ali Enterprises, after the fire
But what is with the compliance of fire protection measures and building codes? The plaintiffs are suing Kik to have its suppliers in this respect is not adequately controlled. So it didn’t give enough fire extinguishers, and an intermediate floor was made of wood.
Lohman denies this: “We have dangers from 2007 to 2012, four Audits there, and from the Reports of any fire protection deficiencies. In addition, Ali Enterprises has inspected the factory three weeks before the accident. Therefore, we say: There was in this factory, no fire safety deficiencies.” Audit is the name for an investigation of whether certain of the requirements and guidelines were adhered to.
“The Audits are not credible”
The fact that the Kik-described controls reveal actually reliably defects in factories, Christiane Schnura from the NGO “campaign for Clean clothes” significant doubt. “It works in a way that Kik & Co Audit is to be commissioned, the control for the suppliers’ factories. These controls, however, are logged frequently. There is, of course, everything’s already in order. The interviews with the workers, moreover, take place mostly within the factory, in the rule, even in the presence of the chief. Such Audits are not from our point of view at all credible.”
In fact: How to respond to Overtime and satisfaction with the Job in such cases to fail, you can imagine. CSR-in-chief, Lohmann pointed out, however, that Kik have improved the control system in the meantime: “We are probably the world’s first company that has agreed to the so-called auditors’ liability. All of the Audit institutions, is working together with us, for a period of 90 days for the accuracy of their reports.” As a result, these companies are forced to pay more attention to security, fire protection, and other Standards. For the fire of 2012, the auditor’s liability does not apply, however, it only applied since the year 2016.
The policy is required
Christiane Schnura, a such Upgrade of the Audit system, does not consider already to be sufficient. It calls for independent monitoring by NGOs such as the Fair Wear Foundation, which some companies already. Better yet, an audit by the state would be: “This could apply, for example, a national Foundation such as the blue angel. It would also be important that the employee representatives on the spot. The know best where the Shoe pinches.”
Low wages, little pads: Many textile companies have their Goods in Asia and Africa produce
In the Schnura and Lohmann are unanimous: they want the state creates a clear legal framework for German companies that are active abroad. “It’s great that more and more companies voluntarily commit to certain Standards. But this way there are no sanction possibilities,” complained Schnura. Lohmann speaks of a law regulating the business due diligence so that companies would have clarity for what they are responsible and for what not.
Claim a first success for Affected
In the lawsuit against Kik in Dortmund, it’s about four times EUR 30,000 for Pain and suffering. But the question behind it, is much more fundamental: How far the responsibility of German companies for work conditions and Standards to their suppliers in developing countries?
The plaintiffs is right, this would be a clear sign, and is also Affected by other disasters could benefit. But alone, that even a lawsuit in a German court came into being, sees Schnura as a success: “It is the first Time that data together and with the support of international non-governmental organizations have filed a lawsuit. In addition, the case has naturally found a large Echo in the media and the whole issue of co-responsibility of companies abroad on the agenda.”