Wednesday, November 29, 2023

US Starbucks Faces Legal Setback: Workers Illegally Fired for Union Activities

By Maria Laus
Posted on November 28, 2023


In a recent ruling, a National Labor Relations Board (NLRB) judge found that Starbucks Corp. unlawfully terminated two employees from its Portland, Oregon, store due to their involvement in union activities. Administrative Law Judge Sharon Steckler, who presided over the case, also determined that the coffee giant engaged in additional unfair labor practices. These included discriminatory enforcement of the company’s dress code against union supporters and the suppression of union-related information on a community bulletin board at the store.

Violations Of Federal Labor Law Pile Up


This decision marks another instance where Starbucks has been found violating federal labor law. The NLRB has ruled against the company in approximately three dozen cases, with around 70 pending complaints before agency judges. The Portland store in question unionized following an election in July 2022.

Sanctions Imposed But Limited By Appellate Jurisdiction


Judge Steckler imposed sanctions against Starbucks for failing to comply with information requests, including the production of company manuals and details about a disciplinary system known as the “barista approach.” However, she stopped short of granting all the sanctions sought by NLRB prosecutors. Notably, the judge considered the jurisdiction of the US Court of Appeals for the Ninth Circuit, which has a skeptical view of sanctions imposed by Administrative Law Judges (ALJs). According to Steckler, ordering all requested sanctions might result in a “pyrrhic victory” for the agency.
Adverse Inferences And Starbucks’ Response

The judge made adverse inferences against the company on specific factual issues to address Starbucks’ failure to provide requested information. Starbucks spokesperson Andrew Trull expressed disagreement with the ALJ’s decision, asserting that the actions taken were in line with lawful store and partner policies. Trull emphasized that the company’s actions did not respond to employees’ participation in concerted union activities.

Starbucks plans to appeal the decision to the NLRB, indicating its commitment to challenging the ruling.

Looking Ahead


As Starbucks navigates this legal setback, the case highlights ongoing tensions between the company and its workforce regarding labor practices and unionization efforts. The appeal process will likely shed further light on the intricacies of the allegations and the company’s defense against them.



The case is officially documented as Starbucks Corp., N.L.R.B. A.L.J., Case 19-CA-296765, dated 11/27/23.
UK Lift firm fined £200k over engineer's death at Muller's Shropshire plant

28th November 2023, 

By Caroline GallBBC News, West Midlands

A lift maintenance firm has been fined £200,000 after an employee died when he became trapped above a moving lift at dairy giant Muller's headquarters.

Lewis McFarlin, 24, from Stoke-on-Trent, was confirmed dead at the Shropshire plant in January 2020.

The lift unexpectedly started moving while he was working on it but his death was preventable, the Health and Safety Executive (HSE) said.

Lift Monitoring Systems Limited admitted failing to discharge its duty.

It was also ordered to pay costs of £45,000 at the hearing at Stoke-on-Trent Crown Court on Monday.

The company, formerly known as RJ Lift Services Limited, of Oldfield Business Park, Stoke-on-Trent, pleaded guilty to the charge brought under the Health and Safety at Work Act.

The 24-year-old and two other engineers were at the Market Drayton site to work on a different lift before being asked to resolve an issue with a door-opening mechanism on a lift-landing door, the HSE said.

'Tragic and preventable'

Mr McFarlin was on top of a lift car and the lift put into inspection mode so he could control it while the work was done.
HSEThe lift began moving at normal speed after switching out of inspection mode, the HSE said

But it suddenly switched to normal mode and began moving at normal speed, trapping him in a void between the lift car and the structural elements of the lift shaft, the HSE said.

Although colleagues tried to release him, he suffered multiple injuries and had died by the time the emergency services arrived.

The jury at an inquest into his death in 2021 recorded a conclusion of accidental death.

The HSE investigation found there was a failure to cover the void in which Mr McFarlin became trapped and, if it had been covered over, the incident could not have happened.

Mr McFarlin's mother Leah Salt said: "Hearing all the evidence this last week has been extremely difficult. Hearing how Lewis' death was easily and reasonably preventable, is heart-breaking.


"No one should go to work and not return."


HSE inspector Andrew Johnson said it was "a tragic and entirely preventable incident" and the firm failed to meet its responsibilities.







Paper mill workers win redundancy legal action

Story by By Louise Hosie - BBC Scotland News • 


The mill - which operated for more than 250 years - went into administration last year© BBC

Five former workers at an Aberdeen paper mill have won their legal action over claims they were made redundant without being properly consulted.

Stoneywood paper mill - which operated for more than 250 years - went into administration last year.

An employment judge has now ruled that the workers were made redundant without a proper 45-day consultation.


It means they are entitled to compensation. The administrators declined to comment.

BBC Scotland News understands that a separate mass legal action on the same consultation period lodged by Unite the union on behalf of about 300 workers is expected to be ruled on shortly.

Redundant mill workers set to take legal action

The five workers, whose job roles included financial control and IT analysis, will now be entitled to compensation, capped at eight weeks of wages.

Lawyer Paul Kissen from Thompsons Solicitors, the firm representing Unite's workers, said the company should have carried out a collective consultation before dismissing staff.



Paper mill workers win redundancy legal action© BBC

Mr Kissen told BBC Scotland News: "There should have been a period of 45 days in which the union was consulted in order to identify ways to avoid, reduce or mitigate the consequences of the redundancies - for example, looking for other job opportunities for people, and having meetings with people who were able to say what was going on.

"The administrators failed in their statutory duty to carry out a collective consultation process with these employees before they made everyone redundant."

Mr Kissen said he expected the ruling on the Unite action to be issued "imminently".

"It is all too common that workers who have been working at a company, in some cases for decades are all dismissed without any warning," he added.

"In a situation where a company goes out of business, they should still have the consultation, rather than just being dismissed out of the blue as soon as the ship has all but sunk. "

He added that previous cases with similarities included staff at the department stores Debenhams and Watt Brothers, which both entered administration in recent years.

'Very confident'

Unite legal officer Mark Lyon said: "Unite are pleased to have taken on the lead on acting for the majority of cases and lodging them for our members at Arjowiggins Scotland Ltd.

"We are pleased the judgements have begun to be handed down, and are very confident of successful outcomes for our members in the coming weeks.

"Any award for Unite members will be without any solicitors' fees, and all the compensation due will go to our members."

Joint administrators from Interpath Advisory said they did not wish to comment.

In 2019, the business was sold to a new parent company, securing the jobs at the mill.

However, administrators were appointed in September last year.

The mill's problems were blamed on the Covid pandemic and the economic challenges facing industrial manufacturing businesses, including rising energy costs.
FIRST IN CANADA
City of Ottawa bans replacement workers (SCABS) during municipal worker strikes

City's new bylaw a 'significant shift in labour law'



By Ronald Minken
Nov 28, 2023

In a significant development for labour rights in Canada, the City of Ottawa has taken a progressive step by banning the use of replacement workers during strikes. This decision represents a significant shift in labour law and has implications for both employers and employees. In this article, we will explore the details of this decision, its potential impact, and what it means for the future of labour relations in the country.

Ottawa City Council recently passed a bylaw that prohibits the use of replacement workers, often referred to as “scabs,” during labour strikes. This move makes Ottawa one of the first Canadian municipalities to take such a step. The ban applies to the public and private sectors, covering various industries and workers.

Key points of the bylaw

Scope: The bylaw applies to all employers within the city limits of Ottawa, including both public and private sector employers.

Prohibition: During a strike or lockout, employers are prohibited from hiring replacement workers to perform the duties of the striking or locked-out employees.

Exceptions: There are exceptions to the ban. For example, employers may still hire temporary workers for duties unrelated to the work affected by the strike or lockout. Additionally, employers may use management personnel or supervisors to perform the work of the striking employees.

Enforcement and Penalties: The bylaw includes enforcement mechanisms and penalties for violations. Employers found in violation may face fines and other consequences.
Implications for labour relations

The ban on replacement workers in Ottawa has significant implications for labour relations in the city and potentially beyond. Here are some key points to consider:


Empowering Workers: The ban is seen as a victory for labour unions and workers’ rights advocates. It empowers workers by reducing the leverage that employers have during labour disputes. With replacement workers off the table, striking employees may have increased bargaining power.

Reducing Tensions: The use of replacement workers during strikes often leads to heightened tensions between striking workers and their employers. Banning replacement workers could contribute to a more peaceful and less confrontational labour environment.

Challenges for Employers: Employers, especially those who rely on replacement workers during strikes, may face challenges in managing labour disputes. They will need to explore alternative strategies for maintaining operations during strikes.

National Implications: While this bylaw applies only to Ottawa, it could set a precedent for other municipalities and provinces. Similar bans on replacement workers might be considered elsewhere in Canada.

Balancing Act: Labour laws are a delicate balance between workers’ rights and employers’ interests. This ban represents a shift in that balance, emphasizing the protection of workers’ rights during strikes.

The ban on replacement workers in Ottawa is a significant development in Canadian labour law. It reflects a commitment to protecting the rights of workers during labour disputes and may have broader implications for labour relations in the country. As employers and unions adapt to this new regulatory landscape, how this change will shape the future of labour disputes and negotiations in Ottawa and potentially beyond remains to be seen.

Ronald S. Minken is a senior lawyer and mediator at Minken Employment Lawyers, an employment law boutique in the Greater Toronto Area.

Raisi no-show suggests Iran irked by Turkey’s "words not action" posture on Gaza


Raisi. Did he stand up Erdogan? 
/ Nasim Online, cc-by-sa 4.0

By bne IntelIiNews 
November 28, 2023


Has Iran just issued a “Give us action, not words” rebuke to Turkey over its reaction to Israel’s onslaught on Gaza? Observers were left bewildered on November 28 when Iranian President Ebrahim Raisi was a no-show for a visit to Ankara that was personally announced earlier this month by his counterpart Recep Tayyip Erdogan.

As bne IntelliNews reported on November 2, Turkey failed to respond to a call from Tehran’s top diplomat for a ban on shipping oil to Israel. Despite the angry rhetoric and invective Erdogan hurls at the Israelis on a near daily basis, Israel continues to obtain almost 40% of its crude in the form of Azerbaijani oil shipped to the country from Turkey’s Ceyhan port. The argument that when it comes to the suffering of the Palestinians in Gaza, Erdogan appears to be rather big on words, but short on action, was further fuelled this week when the Turkey branch of the Palestinian-led Boycott, Divestment and Sanctions Movement pointed out that power plants of Turkish conglomerate Zorlu Holding meet at least 7% of Israel’s annual electricity needs.

The confusion around Raisi's visit underscores the tensions that linger between regional powers and neighbours Iran and Turkey despite their shared views on the Israel-Hamas war, AFP reported, noting that when Raisi did not show up for the billed meeting the Turkish presidency did not explain whether the visit had been cancelled or postponed.

Iran's semi-official Tasnim news agency, meanwhile, reported that Raisi's visit to Turkey had "been postponed", but provided no reason or other details.

"Iranian President Ebrahim Raisi is coming to us on the 28th of the month," Erdogan told reporters on November 11.

Turkey's state media also announced the visit and it was discussed extensively on Turkish television as late as November 27. But at the same time, it was never officially confirmed by Raisi's office.

The two presidents and the countries' top diplomats had phone conversations over the weekend focused on the Gaza war.

Erdogan has branded Israel a "terrorist state". He has also riled Israel and Western allies by calling Hamas "a liberation group" despite the brutal massacre it committed inside Israel on October 7. Some analysts, however, think Iran is sending the message that it wants Turkey to move beyond the rhetoric by cutting lucrative trade and energy ties with Israel.

"Iran expects Turkey to end its direct and indirect trade with Israel," Istanbul's Centre for Iranian Studies director Hakki Uygur told AFP.

"Turkey, on the other hand, has taken an attitude that cares about separating political and commercial issues."

Erdogan tells UN chief that Israel must face international courts over Gaza crimes

November 28, 2023

The United Nations Secretary-General Antonio Guterres on November 6, 2023
[Fatih Aktaş/Anadolu Agency]


Turkish President Recep Tayyip Erdogan told UN Secretary-General Antonio Guterres today that Israel must be held accountable in international courts for the war crimes it has committed in Gaza, Reuters has reported.

According to the Turkish presidency, in a phone call ahead of a UN Security Council meeting on Gaza planned for Wednesday, Erdogan told Guterres that, “Israel continues to trample shamelessly on international law, the laws of war and international humanitarian law by looking in the eyes of the international community.”

Israel launched an air and ground offensive against the Palestinians in Gaza after the Islamic Resistance Movement, Hamas, led an attack on Israeli army barracks and settlements in the vicinity of Gaza on 7 October. The resistance fighters crossed the nominal border into the occupation state and took around 240 hostages. Since then, it has been revealed by Haaretz that helicopter gunships and tanks of the Israel Defence Forces had in fact killed many of the 1,200 soldiers and civilians alleged by Israel to have been killed by Hamas.

The apartheid occupation state has since killed more than 15,000 Palestinians in Gaza, 6,150 of whom were children, and 4,000 of whom were women. More than 36,000 people have been wounded by the Israeli offensive, and at least 7,000 are thought to be buried under the rubble of their homes destroyed by Israeli bombs.

Turkish Foreign Minister Hakan Fidan, part of a “contact group” of Muslim countries that has been holding talks with Western leaders over Gaza, will attend the meeting in New York on Wednesday, his ministry said earlier today.
One year after protests shook China, participants ponder the meaning of the brief flare of defiance


Protesters hold up blank pieces of paper and chant slogans as they march to protest strict anti-virus measures in Beijing, Nov. 27, 2022. Thousands of people demonstrated across China in what came to be called the White Paper movement, after the blank sheets of paper protesters used to represent the country’s strict censorship controls. One year later, China has all but forgotten the protests. The state reacted quickly, breaking up the marches with arrests and threats and ending COVID-19 controls. (AP Photo/Ng Han Guan, File)

Chinese policemen pin down a protester and covered his mouth during a protest on a street in Shanghai, China on Nov. 27, 2022. Thousands of people demonstrated across China in what came to be called the White Paper movement, after the blank sheets of paper protesters used to represent the country’s strict censorship controls. One year later, China has all but forgotten the protests. The state reacted quickly, breaking up the marches with arrests and threats and ending COVID-19 controls. (AP Photo, File)

A protester resist as he is taken away by policemen from a street in Shanghai, China on Nov. 27, 2022. Thousands of people demonstrated across China in what came to be called the White Paper movement, after the blank sheets of paper protesters used to represent the country’s strict censorship controls. One year later, China has all but forgotten the protests. The state reacted quickly, breaking up the marches with arrests and threats and ending COVID-19 controls. (AP Photo, File)

In this photo released by Yicheng Huang, Yicheng Huang poses for a photo in Shanghai, on Sept. 22, 2022. Yicheng Huang, a Ph.D. student, was one of thousands who protested in last year’s demonstration against China’s harsh “zero COVID” policy and has since fled to Germany, dissatisfied with the government’s handling of the pandemic. (Yicheng Huang via AP)


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Protesters hold up blank pieces of paper and chant slogans as they march to protest strict anti-virus measures in Beijing, Nov. 27, 2022. Thousands of people demonstrated across China in what came to be called the White Paper movement, after the blank sheets of paper protesters used to represent the country’s strict censorship controls. One year later, China has all but forgotten the protests. The state reacted quickly, breaking up the marches with arrests and threats and ending COVID-19 controls. (AP Photo/Ng Han Guan)

Protesters hold up blank pieces of paper and chant slogans as they march to protest strict anti-virus measures in Beijing, Nov. 27, 2022. Thousands of people demonstrated across China in what came to be called the White Paper movement, after the blank sheets of paper protesters used to represent the country’s strict censorship controls. One year later, China has all but forgotten the protests. The state reacted quickly, breaking up the marches with arrests and threats and ending COVID-19 controls. (AP Photo/Ng Han Guan)Read More

BY HUIZHONG WU AND DAKE KANG
November 27, 2023

BEIJING (AP) — A year ago, Li Houchen was on the streets of Shanghai, hollering “Freedom!” to protest China’s harsh “zero COVID” policy and growing authoritarianism.

He was one of thousands of people demonstrating across China in what came to be called the White Paper movement, after the blank sheets of paper protesters used to represent the country’s strict censorship controls.

Yet one year later, China has all but forgotten the protests. The state reacted quickly, breaking up the marches with arrests and threats and abruptly lifting COVID-19 controls


The protests were a brief flare of defiance, the most direct challenge to the Communist Party’s authority in decades. For the young people who took part, it was their first protest. Now, many of them are pondering what’s next.

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Today, Li lives in Tokyo, fulfilling a vow to himself to leave his homeland and go into exile to document the tumultuous events in China last year. He’s written a 448-page book, “Records of the Plague Year: From The Shanghai Lockdown to the White Paper Revolution,” hoping to fill in the blanks of state censorship.

“People in China easily forget,” Li said. “In China, you’re not allowed to remember.”
___

Li, 37, and others of his generation grew up at the height of China’s reform and opening period, when the economy soared and internet chatrooms teemed with critical discussion.

But after hard-line leader Xi Jinping came to power in 2012, things changed, Li said. Lawyers and intellectuals were arrested, critical voices silenced, and the internet, once free, filled with nationalist propaganda instead.

Xi’s crackdown “was a betrayal” for liberals like him, Li said. Xi broke the unspoken compact many thought the government had with its people — that it would bring prosperity and openness, as long as they didn’t touch politics.

When the coronavirus began sweeping the world, Xi’s tough new approach to governance won support among many in China. For two years, measures like mandatory testing and mass quarantines succeeded in keeping the virus at bay even as it ravaged other countries.

But last year, the virus grew milder but more infectious, making it less dangerous but tough to keep under control. Beijing stuck stubbornly to its zero-COVID controls, resorting to draconian lockdowns to keep the virus from spreading.

A turning point came when the virus spread in Shanghai and the government put the city under lockdown. For two months, residents were trapped in their homes. Some went hungry, while others were grabbed by police and forced into centralized quarantine centers with thousands of others.

Shanghai was just one of many cities put under brutal lockdowns. But as the most developed and cosmopolitan city in China, its suffering came as an intense shock to its residents, drawing global attention.

It set the stage for the White Paper protests, which started with a deadly apartment fire in Urumq i in China’s northwest Xinjiang region. Many questioned whether those who burned to death couldn’t escape because they were locked in their homes — one of the tactics authorities used to stem the spread of the virus.

Anger flared. United in their frustration with COVID-19 controls, people hit the streets of Urumqi, and students across the country held memorials to mourn the fire’s 10 or more victims.

As hundreds crowded one memorial in Shanghai, mourners tussled with police. Then some shouted slogans, escalating until the crowd began chanting: “Xi Jinping! Step down! CCP! Step down!”

Videos of the protest spread online, electrifying those unhappy with the state’s control. The next day, thousands gathered in Shanghai and over a dozen other cities across China, holding up sheets of paper, shouting slogans and jostling with officers.

Li was among them, tears streaming down his face.

“This was the first street protest for my generation,” Li said. “Not in any sense did I expect something like this to happen in China.”

Yicheng Huang, a Ph.D. student, was at the same protest that Sunday. He warned others around him to stand closer to the back to avoid police attention. “I was being very careful that day,” he said.

His caution proved futile as police swept through the crowd. Police dragged him away upside down, he said, scraping his face and jaw, and shoved him into a bus. When a police officer was busy hitting another protester, he seized his chance and escaped.

“Sometimes it doesn’t feel real,” he said. “It was a little like dreaming.”

The protesters were scattered, scared, and easily dispersed. Under Xi, the space for civil society has vanished, and pervasive digital surveillance has kept dissent under tight control.
___

The government moved swiftly to quell discontent. Days after the protests, Beijing announced it was dropping many measures against the virus — a victory for the protesters.

But then came the crackdown. In cities across the country, police opened investigations into those who had participated. Protesters were hauled in for questioning, police knocked on doors of relatives, and some were detained weeks or months after the brief flare of anger.

Even now, one year after the protests, authorities continue harassing participants and their families, according to six people who spoke with AP.

Huang, the arrested student who escaped, made it to safety in Germany after the protests. But after a media interview, his mother was taken for interrogation.

Despite the risks, he continues to speak out. He said he wants everyone to remember, not just the protests but all the things that happened throughout the pandemic leading up to the fateful weekend.

“The entire zero-COVID policy, from Li Wenliang to the Huanan Seafood market, 2021, 2022…to the White Paper Movement, to this sudden opening, the fact that an entire society can collectively forget this,” Huang said. “A country like this is terrifying.”

One young man, who asked to be identified by his online persona QiangGuoFanzei to avoid further government retribution, said his father was visited twice by authorities in China this year, long after he stood in front of San Francisco’s Chinese Consulate last November and shouted “Xi Jinping, step down!” Out of fear, he cut off contact with his father and doesn’t plan to return to China, he said.

A graduate student in the U.S. who asked to be identified by his last name, Lau, because of fear of harassment by Chinese nationalists, said he was taken by police for interrogation twice when he visited his relatives in July this year in China. Officers took him to a hotel and grilled him past sunset about his participation in political events and discussions online, he said.

Zhang Junjie, a 19-year-old freshman at Central University of Finance and Economics in Beijing, photographed himself holding up a blank sheet of paper in a solo protest.

His school forced him to sign a waiver claiming he was ill, then called his father to take him home. Back home, Zhang was institutionalized, confined to a mental hospital for weeks at a time. Eventually, he fled to New Zealand and has vowed never to come back.
___

The rare burst of nationwide protests did not transform into lasting political change. Though Beijing dropped COVID-19 controls, Xi only strengthened his grip on power.

After China reopened, the government declared victory over the virus. The protesters scattered, many abroad. Others have fallen silent. Today, few want to speak of the past.

Li, the podcaster in Tokyo, said he is “a little disappointed” that the protests petered out. After he started sharing his book on the protests, many asked, “Why are you bringing this up again? It’s nonsense to bring up these memories.”

But Li spent a year pondering the meaning of the protests, and he believes they were a watershed.

No, China wasn’t about to succumb to revolution. Yes, much of the country wants to forget.

But for many, zero-COVID, the protests, and the chaotic exit from virus controls that followed, shattered the illusion of state competence and China’s unstoppable rise.

“It broke the narrative that China would become the new superpower and beat the U.S.,” Li said. “It ended the Chinese dream.”
Shein’s IPO raises fresh questions on alleged forced labour in its supply chain

A Shein logo is pictured at the company's office in Singapore, 
Oct 18, 2022. (File photo: REUTERS/Chen Lin)

29 Nov 2023

NEW YORK: As China-founded e-commerce behemoth Shein moves to list in New York, US lawmakers are again calling on it to prove that forced labour is not used to make its US$5 T-shirts and US$10 sweaters.

Shein confidentially filed for an initial public offering on Monday (Nov 27) and could launch sales of its shares sometime in 2024. The Singapore-based company has not determined the size of the deal or the valuation at IPO. Bloomberg reported earlier this month that it targeted up to US$90 billion in the float.

Founded in 2012, Shein has been eyeing a US IPO for at least three years but has been deterred by headwinds that included tensions between Beijing and Washington.

The online fast-fashion retailer, which manufactures most of its merchandise in China, faces criticism that Uyghur forced labour is used to make its low-priced apparel and home goods.

Critics are concerned that Shein may use contract manufacturers in China's Xinjiang region, where advocates and governments have accused China of interning Uyghurs and other largely Muslim minority groups. Beijing denies any abuses.

Convincing regulators that its supply chain is clean will likely be a major regulatory hurdle as Shein works to convince the US Securities and Exchange Commission that its shares should be traded publicly.

“If the fast-fashion giant Shein wants to go public in the US, they should have to prove to American consumers that their products are not sourced from forced labour,” Democratic Representative Jennifer Wexton said in a statement on Tuesday.

Earlier this year, the congresswoman led a bipartisan call for the SEC to halt Shein’s IPO until it verifies that the company does not use forced labour within its supply chain.

A separate group of Republican attorneys general from 16 US states has also asked the SEC to audit the company, and Shein has been investigated by two separate Congressional committees over its sourcing and use of a trade loophole that allows most of its products to enter the US duty-free.

Shein did not immediately respond to a request for comment, but the company has previously told Reuters it has “zero tolerance for forced labour” and has no contract manufacturers in Xinjiang.

A spokesperson for the SEC said the agency does not comment on any individual entity’s filings.

Megan Penick, a public securities lawyer at Michelman & Robinson, said it is unlikely to see a "direct block" from the SEC, but the agency could make the process difficult for Shein by making "the disclosure requirements so detailed, and, perhaps extreme, that it makes it seem ... trying to go public cannot be achieved


"There may be issues with the forced labour allegations and the IP (intellectual property) issues that may make it hard for (Shein) to be able to answer the questions to the satisfaction of the SEC," Penick said.

Related:

Cheap clothes from online retailer Shein from less waste, not low wages: Firm’s sustainability chief

LOBBYING CAPITOL HILL

Public disclosures show that Shein has spent US$1.28 million on Capitol Hill lobbying this year as it prepares to go public.

The company has also met privately with lawmakers, including some of its biggest critics, in an effort to shift its reputation in Washington, according to several Congressional aides.

One source familiar with the matter said that representatives for Shein emphasized the retailer’s efforts to diversify its supply chain from China to other countries, including India.

Shein also touted its efforts to bring more China-made goods to the US in bulk on traditional container ships, which requires paying tariffs on those items.

“Shein is fundamentally a Chinese company and investors should approach Chinese offerings with extreme caution. Its attempt to go public should prompt a closer look at its business practices, especially its links to slave labour and its evasion of US customs laws," Republican Senator Marco Rubio told Reuters.

"I will closely monitor Shein's disclosures in the lead-up to its IPO,” added Rubio, who in June criticized the retailer’s lobbying efforts in a letter distributed to other senators.

Republican Representative Chris Smith, chairman of the Congressional-Executive Commission on China, has also criticized Shein's lobbying efforts.

“Any investor in this company should be wary of the material risks involved in Shein’s business model ... particularly as Congress is demanding an end to forced labour and closure of import subsidies for Chinese companies,” Congressman Smith said.
INCREASED SCRUTINY

In its most recent social impact report, Shein highlighted its partnership with Oritain, a company also used by the US government to test cotton for links to China’s Xinjiang region. Shein previously told Reuters that it tests samples from every third-party cotton mill the company works with, and that it conducted 2,111 tests between Jun 1, 2022 and Jul 11, 2023.

Critics, however, say that the testing does not adequately screen the millions of garments exported globally by Shein every year.

Public securities lawyer Penick said that the SEC's handling of Shein's IPO will be crucial for other e-commerce players including ByteDance's TikTok and PDD Group's Temu, which may consider going public in the US in the future.

Shein's IPO is "going to be raising issues (for the SEC) that may later be applied across the board to all China-based or China-related companies that are going public", Penick said.

 

INTERVIEW: Japan’s politicians ‘lack evidence’ about the genocide in Xinjiang

Lawmaker Arfiya Eri discusses political success, ethnic identity and Japan’s response to the genocide of the Uyghurs.
By Mamatjan Juma for RFA Uyghur
2023.11.28

INTERVIEW: Japan’s politicians ‘lack evidence’ about the genocide in XinjiangArfiya Eri, a member of Japan’s Liberal Democratic Party elected this year to the lower house of Japan's Parliament, speaks at the International Uyghur Forum in Tokyo in late October 2023.
 Bahram Sintash/RFA

Arfiye Eri moved some audience members to tears when she read the poem “Yanarim Yoq” (“No Road Home”) written by prominent Uyghur scholar and influential educator Abduqadir Jalalidin, who was sentenced to life in prison by China in late 2019. The Japanese politician of Uyghur descent, who was elected to the lower house of the Japanese Parliament from the Liberal Democratic Party, recited the poem at the opening of the International Uyghur Forum: Global Parliamentarian Convention held on Oct. 30-31 at the National Diet of Japan. 












Eri, 35, was among the more than 150 participants, including about 70 lawmakers from various nations as well as activists and representatives of civil society groups that attended the conference in Tokyo to discuss international responses to the human rights violations against the mostly Muslim Uyghurs who live in the far-western region of Xinjiang. Also known as Alfiya Hidetoshi, Eri is the first person of Uyghur heritage to run as a major party candidate in a Japanese election. She’s now looking towards securing a second term to continue representing the cities of Ichikawa and Urayasu in Chiba prefecture’s fifth district.

Mamatjan Juma of RFA Uyghur recently interviewed Eri about her political ambitions, the meaning of ethnic identity and homeland, and Japan’s response to the genocide of Uyghurs in Xinjiang. The interview has been edited for length and clarity.

RFA: Many Uyghurs are proud of your achievements, and there’s a strong desire within the Uyghur community to learn more about you.  

Eri: My Uyghur name is Arfiye Ablet. When my family became citizens in Japan, we had to adhere to Japan's naming system, where the entire family must share the same surname. Both my paternal and maternal grandfathers had the name Eli, so we decided on Eli as our family name. In Japan, I go by the name Arfiye Eli, pronounced “E-ri.” That’s why in Japan, people know me as Eri Arfiye. Eri is a common girl’s name in Japan. To the Japanese, Arfiye sounds foreign and is challenging to pronounce. That’s why, during the election, I referred to myself as Eri, telling them to write Eri as my name. Hence, many Japanese people recognize me as Eri, but my actual name is Arfiye.

RFA: Japan’s political arena is predominantly male. How did you develop an interest in such a competitive area, and what gave you the courage to be a part of it?

Eri: Many people in Japan pose the same question. For instance, having worked in the United Nations and being a woman in her 30s who studied in the United States raise curiosity in Japan. It’s not easy for women to work in Japan. There’s a collective acknowledgment of the need for discussions on supporting women in the workforce and in society. They often assume that working in an international organization, especially in New York, might be easier for women compared to working in Japan. 

When I worked at the U.N., I was responsible for examining the policies of South Asia. In our analyses of other countries’ democracies, we assessed factors like the percentage of citizens involved in parliament, diversity in representation, and whether various voices were heard. When I look at my country, Japan, most of the parliament consists of men, primarily over 50 years old. The more I worked at the U.N., the more of this became apparent. 

As a Japanese, the absence of someone like me in the Japanese parliament stood out. Many Japanese people around me share similarities — they grew up abroad, speak foreign languages, have parents from abroad, and beyond being Japanese, possess a distinct identity. There are numerous young people like this who are engaged in international work and have progressive ideologies, yet none are in the parliament. I thought that if I am feeling unrepresented in my democracy, perhaps many other Japanese of my age feel the same. So, I believed that one of us should take a stand. If I wanted to make a change, I would have to initiate it myself, and that’s why I began this journey.

RFA: When you studied and worked abroad, you must have faced many questions about your identity. How did you define yourself when confronted with such questions?

Eri: I was born in Japan and lived there until I was 10 years old. When I turned 11, we moved to Shanghai because of my father’s work and later to Guangzhou. During this time, I attended American schools in Shanghai and Guangzhou since I am a Japanese citizen. However, being in China provided more opportunities to visit the Uyghur homeland. I started going there at the age of 11, establishing friendships in Urumqi and cultivating a life that allowed me to connect with my Uyghur identity. 












I consider myself fortunate among kids who grew up abroad because with my Japanese citizenship I had the chance to spend a considerable time in China. If I were a U.S. citizen, I might not have had the same privilege. However, Japanese citizens have had this advantage before. Growing up in inner parts of China, I was close to Uyghur culture and had numerous opportunities to return to the Uyghur homeland. In college, when someone asked about my identity, I consistently identified myself as Uyghur, or Uyghur-born in Japan, or Uyghur-Japanese. Even now, people ask about my identity in Japan, and I always say I'm Uyghur-Japanese. I explain that I’m Japanese — I was born and raised here, just like you, but my ethnicity is Uyghur.

RFA: What do ethnic identity and homeland mean to you? 

Eri: For me, my ethnicity is Uyghur, but I consider my homeland to be Fukuoka — the city of Kitakyushu in Fukuoka, where I was born and raised. Additionally, Urayasu and Ichikawa cities in Chiba prefecture's fifth district, which I represent, are my new homeland. My ethnic homeland is the Uyghur region. For me, the places I grew up in, feel at home, and plan to return to are the ones I consider my homeland. I believe homeland is not necessarily a single place. I have multiple homelands, and I consider myself very fortunate.

RFA: What does success mean to you?

Eri: I believe success holds different meanings for each individual. However, one form of success, in my view, is when an individual can live the life they desire freely, following the path they have chosen.

RFA: How did you feel when you saw your name on the TIME100 Next 2023, a list of emerging leaders from around the world who are shaping the future and defining the next generation of leadership, issued by Time magazine?

Eri: I was genuinely surprised. I was at McDonald’s in Ichikawa city when I received the news on my phone about being selected. I read it multiple times in front of McDonald’s, wondering if it was true or not. When my secretary arrived, I showed it to her, and both of us couldn’t believe it for a couple of days. However, as time passed and I read Time magazine’s comments about me, I understood. In my understanding, being on the list is not just a recognition of me but also of my district. It acknowledges the progress of my two cities, Ichikawa and Urayasu. I see it as recognition of how a progressive election district allowed a politician like me — a 35-year-old woman of non-Japanese ethnicity — to represent them on the political stage.

RFA: As a second-generation Uyghur who has succeeded in the West, you serve as a source of hope and encouragement for Uyghur women and youth. What’s your message for them?

Eri: The one thing I would like to convey is this: We are born and raised abroad, enjoying freedom and experiencing democracy in many countries. The Uyghur ethnicity has always valued freedom, academia and democracy — it’s almost like it’s ingrained in our culture. Therefore, my advice to Uyghur girls and boys is to utilize this freedom. Seize the opportunities of democracy. If your country is democratic, actively participate in it. This doesn’t just mean taking on a political role; even participating in elections, sharing your voice on platforms like Facebook, or pursuing the path you desire in a free world is a form of engagement. Don’t let anything hinder you from reaching your goals and dreams.












RFA: The United States and more than eight European parliaments have declared that Chian's severe rights abuses in Xinjiang constitute genocide or crimes against humanity. Why hasn't the Japanese Parliament recognized the abuses as a genocide?

Eri: I believe the reason for this is that in Japan, we lack concrete evidence of what is truly happening in the Uyghur region and researchers who can serve as mediators to explain the situation. There is also a deficiency in people with the necessary knowledge on this issue. Another factor is that, in Japan, researchers who specialize in China are the ones primarily discussing the Uyghur region. I conducted Uyghur research during my university years, and in my personal opinion, individuals studying Uyghur affairs should not only comprehend China but also Central Asia, the Turkic world and the former Soviet world. 

Unfortunately, in Japan, there is a shortage of individuals who possess this comprehensive understanding compared to an understanding of China. Consequently, we lack researchers who can examine the situation between Central Asia and China, not solely from China’s perspective. As a result, many Japanese politicians believe that we lack evidence regarding what is happening in the Uyghur region and, consequently, are hesitant to label it as genocide. I believe that if organizations like the United Nations put forth efforts in this direction, Japan would likely follow suit. However, since international organizations have not explicitly termed it as genocide, Japan faces challenges in drawing a conclusive stance on the matter.

RFA: Do you believe you have a responsibility to bring this issue to the forefront and explain the situation as a politician?

Eri: My role is to serve as a member of parliament representing my district, which is one of the most advanced and prosperous regions in Japan. The people in my district are highly concerned about international matters. Therefore, as a representative of Ichikawa and Urayasu, I certainly feel the responsibility to address Uyghur issues and international human rights concerns, and I actively engage in this work every day.

RFA: In Xinjiang, Uyghur women of the same age as you are being forced to marry Han Chinese men and undergo sterilization. If they were given the same opportunities, there could be many politicians, scientists and writers who could influence the world. What is your message for them?

Eri: I feel as if these things are happening to my own body. The only difference is that I was fortunate enough to be born here. But apart from that, there is no difference between me and the women in my homeland. If I had been born and raised there and if my parents hadn’t left our homeland, I might have faced the same fate. Therefore, for me, this is a deeply personal matter.












RFA: What are your plans as a Japanese lawmaker?

Eri: Looking ahead, I am already contemplating the second election. In Japan, there is a tradition that getting elected to the parliament the first time is considered luck, while the second time is being truly recognized as a member of one’s district. Therefore, I aim to excel in representing my district in parliament and dedicate all my efforts to securing a second term.

Translated by RFA Uyghur. Edited by Roseanne Gerin and Malcolm Foster. Interview produced and filmed by Bahram Sintash.

 

Thirty years of data show persistent organic pollutants remain a threat to marine biodiversity

Thirty years of data show persistent organic pollutants remain a threat to marine biodiversity
Credit: Environmental Science & Technology (2023). DOI: 10.1021/acs.est.3c01881

A team of zoologists, environmental scientists, marine biologists and life scientists affiliated with several institutions in Ireland and the U.K. has found that despite international bans, persistent organic pollutants (POPs) continue to be both widespread and pervasive in the environment, including the world's oceans.

In a new study published in Environmental Science & Technology, the research team pulled data from several studies involved in tracking large sea creatures, fish and the ocean in general to learn more about the level of POPs in sea creatures that live at the top of the food chain.

Prior research has shown that there are many types of POPs and that some of them can be hazardous to both humans and animals. Polychlorinated biphenyls (PCBs), for example, negatively impact reproduction in many creatures. PCBs have been banned by most countries since the Stockholm convention in 2004. Still, the researchers note, they have remained in the environment and continue to harm creatures that consume them.

For this new study, the research team looked at PCB levels in  that live at the top of the food chain, such as whales and dolphins. Prior research has shown that these species tend to build up levels of POPs because of biomagnification.

To learn more about PCB levels in whales and dolphins, the researchers studied records for 1,000 large marine mammals that became stranded in the U.K. over a 30-year period. The data, which included 11 marine mammal species, came from several databases built by groups monitoring the sea and its inhabitants.

The research team found that overall, levels of POPs found in the  were lower than observed in prior studies, suggesting that levels in the sea are dropping. But they note also that a serious threat remains. They found, for example, that orcas had on average 30 times the levels of PCBs in their blubber than is considered to be safe. They also found that 47% of  from marine mammals collected over the past five years had PCB levels considered to be toxic.

More information: Rosie S. Williams et al, Spatiotemporal Trends Spanning Three Decades Show Toxic Levels of Chemical Contaminants in Marine


 Mammals, Environmental Science & Technology (2023). DOI: 10.1021/acs.est.3c01881

4 Polish miners killed in underground water pipeline burst

Spokesman also reported 1 injured, 1 unscathed in southern Poland mining disaster

Associated Press
Published November 28, 2023 

Four miners died after a pipeline filled with water burst in a coal mine deep below ground in southern Poland, Polish media reported on Tuesday.

The all-news station TVN24 reported that the fatal accident occurred in the Sobieski mine in Jaworzno, a town in the coal-mining region of Silesia, not far from Poland's borders with Slovakia and the Czech Republic.

TVN24 quoted a spokesman for the mining authority, Piotr Strzoda, as saying the uncontrolled pipeline rupture happened at a depth of 1,970 feet underground. A brigade of six miners were working on flushing the pipeline at the time.