Uwe Kekeritz et al vs. KiK

Allegations

The complaint concerns the (partial) responsibility of three German garment retail companies for the Tazreen factory fire in Bangladesh in November 2012, which caused 112 deaths and injured 300. The high number of casualties was exacerbated by poor fire safety and a lack of emergency exits.

The complainants allege that as customers of the textiles produced in the Tazreen factory, the companies are partly responsible for the poor safety and working conditions that exist. They argue that the companies are not fulfilling their obligations towards workers within their global supply chain and that the remedial measures taken by the companies after the fire are insufficient.

The complainants call on the companies to ensure that their suppliers improve fire protection and pay compensation to families of the victims and others affected. Furthermore, the complainants call on the companies to pay fair wages, enter into dialogue with trade unions, and conduct due diligence in their supply chains.

Relevant OECD Guidelines

• Chapter II
• Chapter II Paragraph A10
• Chapter II Paragraph A12
• Chapter II Paragraph A13
• Chapter II Paragraph A14
• Chapter IV
• Chapter IV Paragraph 2
• Chapter IV Paragraph 3
• Chapter IV Paragraph 5

Outcome

The German NCP accepted the complaints against Karl Rieker and KiK and forwarded the C&A case to the Brazilian NCP. The Brazilian NCP still has not issued an initial assessment.

In May 2013, Karl Rieker and KiK submitted responses to the Business and Human Rights Resource Centre (BHRRC). C&A declined to respond, citing the confidentiality requirements of the specific instance process.

The German NCP accepted the complaints against Karl Rieker and KiK with regard to companies due diligence requirements to ensure the safety of workers at the Tazreen factory. As the C&A entity doing business with Tazreen is registered in Brazil, the German NCP forwarded the case to the Brazilian NCP, which accepted the case in October 2013.

In May 2013, Karl Rieker and KiK submitted responses to the complaint. The companies highlighted measures they had taken after the case had been filed. C&A declined to publically respond, citing the confidentiality requirements of the specific instance process.

Beginning in January 2014, the Germany NCP facilitated mediation between the parties. The NCPs November 2014 final statement includes an agreement between the complainant and Karl Rieker expressing satisfaction with the precautionary measures taken by Karl Rieker to improve fire protection and safety standards of its suppliers in Bangladesh. The complainant was not satisfied that KiK had fulfilled its due diligence requirements so no agreement was signed. The C&A case is still pending at the Brazilian NCP.

More details

Related complaints

• Uwe Kekeritz et al. vs. C&A
• Uwe Kekeritz et al vs. Karl Rieker

Documents

• reject

  4 November 2014

  The complainant was not satisfied that KiK had fulfilled its due diligence requirements so no agreement was signed.

  NCP Germany
• accept

  1 November 2013

  NCP accepts complaint

  NCP Germany
• file

  13 May 2013

  The complaint has been filed at the German NCP.

  Uwe Kekeritz