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Slaves to Fashion
by Geov Parrish
Federal and state lawsuits filed last week may have the effect of finally
holding someone accountable for the abusive sweatshop labor practices
championed during the '90s in the U.S. trust territories of the Northern
Marianas Islands.
The sweatshops have operated under a legal loophole that effectively
exempts the islands from U.S. laws regarding minimum wage, child labor,
working conditions, and worker safety. The exemptions essentially allow
clothing manufacturers to spend the same sums on labor they ordinarily
would by contracting to Asian sweatshops--but with a "made in U.S.A." label
on the garments.
In a federal suit filed in Los Angeles, 18 giant clothing
retailers--including Nordstrom's, The GAP, J.C. Penney, Sears, Wal-Mart, J
Crew, Gymboree, Target, Mervyn's, The Limited, and Tommy Hilfiger--were
charged with violating federal racketeering laws by benefiting from the
foreign-owned sweatshops in the Northern Marianas, and of trying to fool
American consumers into thinking the clothes were made under U.S. labor
standards. The RICO racketeering statutes specifically prohibit peonage and
involuntary servitude, and allow suits against anyone benefiting from such
an enterprise.
A second suit filed in the Northern Marianas Islands sought missing
overtime pay for 25,000 past and present workers, and a third suit, filed
by unions and human rights groups in California state court in San
Francisco, also targeted the retailers for "fraudulent, unfair, and illegal
business acts and practices."
Conditions in the Marianas' sweatshops are horrific. Women are lured from
China, Thailand, the Philippines, Bangladesh, and other Asian
countries--often with the promise of living and working in the United
States. The lawsuit details one such offer as being able to work "a short
train ride from Los Angeles," and describes women paying up to $7,000 in
recruitment fees. Once they reached Saipan, the main island in the Northern
Marianas chain, workers found themselves toiling eight hours a day for $3
an hour, then being forced to "donate" an additional four hours each day
(reducing the gross pay to $2 an hour). In off hours the workers were not
allowed to leave a crowded housing compound patrolled by armed guards. The
Women were forced to live 20 per room, eat poor-quality food, and were
charged by the company for housing and food through further reductions in
their pay. Women were not allowed to date or marry, and pregnant women were
forced to have abortions. Those who broke the rules were beaten.
The influential Seattle law firm of Preston Gates & Ellis has played a
pivotal role in advocating for these conditions, having signed a $4.5
million contract with the government of the Marianas to lobby Congress
against applying U.S. labor laws to the islands. The argument for the
Marianas' different status--just like the lower minimum wage and tax
exemptions in Puerto Rico, teen minimum wage laws in the U.S., and urban
enterprise zones--is that they create jobs in impoverished areas and give
opportunities to those who wouldn't otherwise get them. Technically, this
is true--but it's not U.S. citizens who are getting these jobs, and the
opportunities they're getting are conditions that are inexcusable in any
country, including the U.S. Last year, the U.S. Dept. of the Interior
investigated working conditions in the Marianas, was appalled at what they
found, and urged lawmakers to apply federal minimum wage laws to the
territory, so far to no avail.
Frighteningly, the same arguments used to justify the Marianas' sweatshops
could also be used to undermine wage, worker safety, and environmental laws
in, say, Seattle. In the global economy, where everyone competes in a race
to the bottom with everyone else, it's not much of a leap to imagine
influential corporations--like the ones dominating the political landscape
in the Northern Marianas--and apologists like Preston Gates & Ellis
explaining that global competitiveness requires that we make a few
sacrifices. The solution is exactly the opposite: raise working standards
everywhere, so that nobody is being exploited. Last week's lawsuits are a
welcome first step.
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