Reader Clean Clothes Communities

" Reader Clean Clothes Communities "

Reader

Clean Clothes Communities

Clean Clothes Campaign

PO Box 11584

1001 GN Amsterdam

The Netherlands

t: + 31 (0) 20 4122785

f: + 31 (0) 20 4122786

w: www.cleanclothes.org

Table of content

Introduction 3

Belgium North 4

" From good intentions to good practice 5

Belgium South 14

" Public authorities as promoters of Fair Trade 15

France 18

" Guide to ethical public procurement (partly)

The Netherlands 39

" Summary and conclusions of the Dutch CCC research on the 40

purchasing practices of the municipality of Amsterdam

Germany 45

" Partial report on the issue of the "Consideration of Social 46

Criteria in Public Procurement of Work Wear and Textiles" for the

third report of the Advisory Council on Development Aid Policy

" Letter to current and future business partners of the regional 51

capital Munich (Bavaria)

" Proof of the bidder's eligibility with regard to his reliability 53

according to § 97 and 98 of the Competition Restriction Act

" Annex to the call for tenders 55

Appendix A: 56

CCCommunities Focus and Resolution content

Appendix B: 57

Minutes Clean Clothes Communities Meeting, October 8th 2003

Introduction

Work wear purchasers around the world - unite!

Each year, communities spend a huge amount of money on uniforms for municipal services such as the fire department, cleaning and public transportation services. Those who take part in the Clean Clothes Communities project adopt a resolution in order to ensure that only work wear made under good labour conditions is purchased. That means formulating an ethical procurement policy and developing a plan of action so that within a specified period of time buying "clean" uniforms becomes a reality. Before getting started, communities are expected to determine who will be responsible for the purchases, who their suppliers are, which labour criteria will be taken into account, where the uniforms are actually produced, what is known about the labour conditions, and so on.

But before all this is possible, a lot of work must be done. This reader aims to provide helpful starting points and ideas for follow up activities.

In some CCC countries – the Netherlands, Belgium North and South, France and Germany – the Clean Clothes Communities project has been running for a while. There, proposals were written, resolutions formulated and policies developed. In order to spread the project to other CCCampaigns or interested organisations, and give them the opportunity to learn from previous experiences, this reader was compiled. It gathers country specific documents – and therefore the documents are ordered according to nationality – which are meant as examples of what can be done. Every national section starts with a short introduction on the campaign and the provided documents from that country’s Clean Clothes Communities coordinator. Contact information is provided, so that you can contact the coordinator with any questions or remarks.

As the project keeps growing, so does this reader. An effort will be made to update it in case of significant developments (for example if new countries take up the project) or the publication of relevant material. In the meantime we hope that you find inspiration in the reading that these pages provide.

Amsterdam, February 2004

Clean Clothes Campaign

Belgium North

Frieda

Contact information:

Translation:

John Kraay

" From good intentions to good practice

Note: for ‘authority’ please read: governmental or municipal body, government or municipal agency

1. Introduction

1.1 Sustainable development

Sustainable development involves attention for the following aspects: improvement of the quality of life, social justice and equitable conditions of trade, not to overtax the environment, husbanding of resources and active popular participation. Municipalities and provinces have many opportunities to promote sustainable patterns of production and consumption. This can be done in a direct way by means of solidarity with the South or, indirectly, via a sustainable policy. Refraining from comment we present an overview: formulation of a policy memorandum and, linked to this, the required operational instruments; appointment of an administrator; sensitising the people; stimulation of global education; project funding; organisation or support of (big) undertakings. In the present context we concentrate on implementation of a sustainable commodity-acquisition policy.

In Belgium, both consumers generally and local and provincial government increasingly buy ‘honest’ products. ‘Max Havelaar’ coffee, chocolate and bananas are widely known. And in recent years sensitivity for ethical production and consumption is not restricted to foods only; clothing has entered the picture as well.

1.2 Clean Clothes Communities

The campaign on ‘Clean Clothes Communities’ began in 2002. The Clean Clothes Campaign focused on the purchase of work wear for municipal employees, work wear and uniforms for various municipal services such as the fire brigade, the gardeners’ squad, the sanitation department, and the like. The demand was that considerations leading to such acquisitions include social criteria regarding the conditions under which work wear is manufactured.

2. Legal framework

2.1 International labour standards

The norms applied in the areas of labour are based on universal human rights and internationally recognised labour rights pursuant the conventions of the ILO (International Labour Organisation). Accordingly, these standards are not set so high that poor countries are hard put to meet them; rather, they are minimal requirements. They are these:

- Freedom of association (ILO Convention 87)

- Right to collective bargaining (ILO Convention 98)

- No coerced labour (ILO Convention 29, 105)

- No discrimination (ILO Convention 100, 111)

- Gradual expulsion of child labour (ILO Convention 138)

- Prohibition of extreme forms of child labour (ILO Convention 182)

- Payment of viable wages (ILO Convention 26, 131)

- Prohibition of exorbitant working hours (ILO Convention 1)

- Reasonable working conditions (ILO Convention 155).

2.2 Authority commissions [provincial and municipal]

General

Specifications include contract clauses applicable to individual commissions and the specifications stipulated by the contracting authority.

In all events of contracting out and invitations to tender this document is forwarded to all companies that, having read the public announcement, expressed interest in the commission.

In the event of restricted contracting out, limited invitations to tender and negotiation procedures with advance public notice, this document is forwarded only to companies that, having read the public announcement, applied for candidacy and are selected by the contracting authority. As a rule the document accompanies the invitation to tender.

Negotiation procedures without public notice are of two types:

- If the payment to be approved does not exceed Euro 5,500 ex Surtax, the acquisition can simply be awarded by way of the invoice. This means that the existence of the agreement is confirmed a posteriori via payment of the invoice. In such cases, then, there are no specifications.

- If the payment to be approved exceeds Euro 5,500 ex Surtax, a document in writing is required in which the existence of the agreement is confirmed. Consequently, specifications must normally be formulated. These can take various forms, ranging from an order form to a document the scope of which is commensurable with the importance and complexity of the commission.

Social criteria

The Belgian ‘programme law’ of 8 April 2003 (see Appendix) contains an amendment to the law of 24 December 1993 concerning governmental commissions. The amendment relates to awarding criteria and conditions of execution. With respect to awarding criteria there is explicit mention of ‘social and ethical considerations’. In relation to the conditions of execution it is explicitly stated that the contracting authority can, among other things, take into account the (degree of) conformation to the basic ILO conventions. Belgian legislation on social criteria in governmental commissions, then, is certainly not bad.

2.3 Gentleman’s agreement

The criteria included in the specifications must be measurable. A recognised label or recognised certification of social standards are the answer for this.

At the present time a number of control mechanisms (Social label for responsible manufacture, SA8000, Fair Wear Foundation) are being developed. The process is slow but the situation evolves steadily.

Actually, one indirect objective of the campaign ‘Clean Clothes Communities’ is to give impetus to the debate on this and to see to it that the systems now being developed provide sufficient quality.

In the present transitional phase a ‘Gentlemen’s agreement’ is juridically acceptable. Accordingly, we propose integration of the aspect ‘control’ in the Gentlemen’s agreement -- in a manner broad enough so that the future can indicate which system of control is the most suitable.

3. From good intentions to good practice

3.1 Good intentions: Decisions by local councils

At this time 51 municipalities have ratified a decision of the council, stipulating social and ethical acquisition criteria. In endorsing the decision these cities and towns have demonstrated that they consider it important that clothing be manufactured under socially responsible circumstances.

In the provinces of Flemish-Brabant, West-Flanders and East-Flanders the issue was introduced and a motion passed.

3.2 Good practice

Gent was the first municipality to ratify a council decision on purchase of work wear in line with social norms (May 2002). And during the council meeting of September 2003 new specifications for the acquisition of work wear were approved.

These specifications, art. 7, clause 9, referring to the information required of candidate suppliers, stipulate presentation of ‘the completed declaration of intent relative to social criteria or a facsimile of a label as prescribed in the Law for the stimulation of socially responsible production (BS 26/03/02), or some other recognised label of similar nature and the same guarantees.’ In other words, potential suppliers who wish to compete via tender must meet the conditions set out under clause 9.

East-Flanders was the first province to actually take this step.

4. Appendices

‘Progamme Law’ 8 April 2003

Chapter XII. Revision of the law of 24 December 1993 regarding governmental commissions and certain commissions for works, deliveries and services -- Social preferences in governmental commissions.

Art. 100.

Art. 5 of the law of 24 December 1993 regarding governmental commissions and certain commissions for works, deliveries and services, is to be added the following clause:

‘A governmental commission can have a plurality of topics that can simultaneously relate to works, deliveries and services.’

Art. 101. In art. 16 of the above-mentioned law: insert the words ‘Awarding criteria must relate to the material subject of the commission, for example the quality of the products or performance, the price, the technical value, the aesthetic and functional nature, the ecological characteristics, social and ethical considerations, operational costs, cost-effectiveness, follow-up service and technical support, delivery date and the period of delivery or execution’ between the words ‘in the announcement of the commission’ and ‘unless specified otherwise’.

Art. 102. In the above-mentioned law an article 18bis is added, formulated as follows:

‘Art. 18bis. - par. 1. A commissioning authority can, pursuant the principles of the European Community Charter, stipulate conditions of execution regarding governmental commissions to facilitate consideration of social and ethical objectives, and can stipulate conditions of execution regarding the obligation to provide training for unemployed persons and young people, or to take into account the obligation to meet, in main points, the regulations of the basic conventions of the ILO, on the assumption that these are not already applied in the candidate’s or tender’s country of origin.

Par. 2. A commissioning government can, pursuant the principles of the European Community Charter, restrict participation in a contracting out procedure to social workshops or social recruitment companies, where this governmental commission is not subject to obligations resulting from European directives or from an international act regarding governmental commissions.

‘Social recruitment companies’ are: enterprises that meet the conditions of Art. 59 of the law of 26 March 1999 regarding the Belgian plan of action for employment 1998, containing various regulations, or that meet conditions of a similar nature in the candidate’s or tender’s country of origin.’

Art. 103. In Art. 41 of the above-mentioned law ’18 and 19’ is replaced with ’18, 18bis and 19’.

Model Text for a Municipal Council decision

Moved by the fraction

THE MUNICIPAL COUNCIL of (name of municipality)

Whereas

- municipality X frequently purchases work wear, and

- one task of municipality X is to stimulate sustainable patterns of production and consumption, and

- in its local North--South policy municipality X must fulfil the task of sensitising the population, and

- municipality X has a local Agenda 21 effect, and

- also in Belgium a Clean Clothes Campaign is in progress, and

- on 29 November 2001 the House of Representatives passed the law on the Belgian Label,

the Municipal Council,

in due observance of Municipal legislation and

upon the Motion submitted by the fraction,

decide

Article 1: To agree to the principle that, in the context of sustainable policy in the acquisition of work wear for municipality employees attention will also be paid to the working conditions attending the production of such work wear.

Article 2: To establish a task force of administrators in the various departments involved in the acquisition policy

for work wear (facility management, the sections Prevention and Protection on the job, environment, North--South cooperation, personnel management, etc.) which will specify the aspects in the area of criteria, standards and control. To this end use can be made of the expertise of the Clean Clothes Campaign.

Model text: ‘Gentlemen’s Agreement’ for suppliers of work wear

I, the undersigned, Mr X, Ms X, representing company y, do solemnly state and make known upon my honour that the products offered are obtained from companies that observe or stipulate for their branches, contracting parties and sub-contractors the criteria listed below: