Now is not the time to defend sweatshops

Abstract arguments about the benefits of outsourcing have no place in defending criminal negligence, here or overseas.

Yesterday Rana Plaza, a Bangladeshi clothing factory and shopping mall, collapsed, killing hundreds and injuring thousands. According to BBC News, "the factory owners had ignored warnings not to allow their workers into the building after cracks were noticed on Tuesday." As a result, the Bangladeshi High Court has summoned the owner of the building, as well as senior staff at the factories, to appear before the court next week. The factory owners themselves are reported to have gone into hiding.

The Telegraph's David Blair is unequivocal: we take the blame.

One of Rana Plaza’s factories – New Wave – supplied Primark, the bargain clothing chain with 161 branches in Britain, and Bonmarché, another budget retailer with its head office in Wakefield and 360 stores across the country. They may not have known it, but these two companies were buying products made by people working in a death trap.

But the rush to the counterintuitive take is quicker every day. In fact, write Alex Massie and Matt Yglesias, we shouldn't be so quick to jump to conclusions. Yglesias writes:

Bangladesh may or may not need tougher workplace safety rules, but it's entirely appropriate for Bangladesh to have different—and, indeed, lower—workplace safety standards than the United States.

The reason is that while having a safe job is good, money is also good… Bangladesh is a lot poorer than the United States, and there are very good reasons for Bangladeshi people to make different choices in this regard than Americans. That's true whether you're talking about an individual calculus or a collective calculus.

While Massie adds:

It would be better if more buildings in Bangladesh met existing, local, safety regulations. It may well be that western companies could and should do more to monitor the conditions in which their contractors work. Be that as it may, sweatshops in the developing world have, on balance, been a good thing. And it is not even close.

The question of the morality of sweatshops is an old one. So old, in fact, that many consider it settled, giving arguments like Paul Krugman's 1997 piece "In Praise of Cheap Labour" the final word.

And indeed, those arguments – and the bulk of Massie's piece is also comprised of defending sweatshops in general – are convincing. Workers in sweatshops frequently earn more than the agricultural labourers that they are recruited from, and usually enjoy better conditions to boot, so in a way, they aren't treated badly at all. And the labourers are paid from money overseas, rendering sweatshops a sort of decentralised international aid: you buy clothes from Primark, and Primark gives some money to a poor Bangladeshi labourer! It's almost like charity.

But not only is the value of sweatshops to developing nations not actually a settled argument, it bears very little relationship to the issue at hand here.

Rana Plaza's building standards were illegal under Bangladesh's own laws. This is not a case of hardy foreign workers taking jobs that westerners wouldn't; nor is it a case of the cost of living being lower overseas, enabling cheaper goods with less money spent on wages. It is a case of criminal exploitation of labour: criminal by our standards, and criminal by Bangladesh's

The argument in defence of sweatshops relies on the point that free and equal exchange is mutually beneficial. That's claimed on a national level, that Britain exchanging money for Bangladeshi labour makes Britain and Bangladesh better off, and on a personal one, that employers exchanging money for employee's labour makes them both better off. But the deal here was not free and equal: employees were not warned that the danger of their job had increased vastly after the first cracks were noticed four days ago. There was no choice, there was no mutually beneficial exchange. There was just exploitation, and death.

There is a time for the defence of sweatshops. That time is not now. Now is the time for asking why it is that our international companies can't even buy from suppliers which follow the meagre labour protections which are afforded to workers in the developing nations they operate in.

Primark, for its part, says that "the company is shocked and deeply saddened by this appalling incident at Savar, near Dhaka, and expresses its condolences to all of those involved." But sadness is not the point. When Primark, and Bonmarché, and all the other contractors who squeeze margins down to the last penny, start using suppliers who actually live up to the minimum standards already in place, then we can have the argument about whether those standards ought to be raised. That's the time Krugman's argument might be needed. But today, the wrongdoing is clear, and the last thing needed is a defence of it.

Bangladeshi volunteers and rescue workers assist in rescue operations 48 hours after an eight-storey building collapsed in Savar, on the outskirts of Dhaka. Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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How the Standing Rock fight will continue

Bureaucratic ability to hold corporate interest account will be more necessary now than ever.

Fireworks lit up the sky in rural North Dakota on Sunday night, as protestors celebrated at what is being widely hailed as a major victory for rights activism.

After months spent encamped in tee-pees and tents on the banks of the Canonball river, supporters of the Standing Rock Sioux Tribe finally received the news they’d been waiting for: the US Army Corps has not issued the Dakota Access pipeline with the permit it requires to drill under Lake Oahe.

“We […] commend with the utmost gratitude the courage it took on the part of President Obama, the Army Corps, the Department of Justice and the Department of the Interior to take steps to correct the course of history and to do the right thing" said a statement released by the Standing Rock Sioux tribe’s chairman, Dave Archambault II.

With the camp’s epic setting, social-media fame, and echoes of wider injustice towards Native Americans, the movement has already earned a place in the history books. You can almost hear the Hollywood scriptwriters tapping away.

But as the smoke settles and the snow thickens around the thinning campsite, what will be Standing Rock’s lasting legacy?

I’ve written before about the solidarity, social justice and environmental awareness that I think make this anti-pipeline movement such an important symbol for the world today.

But perhaps its most influential consequence may also be its least glamorous: an insistence on a fully-functioning and accountable bureaucratic process.

According to a statement from the US Army’s Assistant Secretary of Civil Words, the Dakota Access project must “explore alternate routes”, through the aid of “an Environmental Impact Statement with full public input and analysis”.

This emphasis on consultation and review is not big-statement politics from the Obama administration. In fact it is a far cry from his outright rejection of the Keystone Pipeline project in 2015. Yet it may set an even more enduring example.

The use of presidential power to reject Keystone, was justified on the grounds that America needed to maintain its reputation as a “global leader” on climate change. This certainly sent a clear message to the world that support from Canadian tar-sands oil deposits was environmentally unacceptable.

But it also failed to close the issue. TransCanada, the company behind Keystone, has remained “committed” to the project and has embroiled the government in a lengthy legal challenge. Unsurprisingly, they now hope to “convince” Donald Trump to overturn Obama’s position.

In contrast, the apparently modest nature of the government’s response to Dakota Access Pipeline may yet prove environmental justice’s biggest boon. It may even help Trump-proof the environment.

“Although we have had continuing discussion and exchanges of new information with the Standing Rock Sioux and Dakota Access, it’s clear that there’s more work to do”, said the Jo-Ellen Darcy, the Army’s Assistant Secretary for Civil Works.

Back in July, the same Army Corps of Engineers (which has jurisdiction over domestic pipelines crossing major waterways) waved through an environmental assessment prepared by the pipeline’s developer and approved the project. The Standing Rock Sioux Tribe subsequently complained that the threat to its water supply and cultural heritage had not been duly considered. This month’s about-turn is thus vital recognition of the importance of careful and extensive public consultation. And if ever such recognition was needed it is now.

Not only does Donald Trump have a financial tie to the Energy Transfer Partners but the wider oil and gas industry also invested millions into other Republican candidate nominees. On top of this, Trump has already announced that Myron Ebell, a well known climate sceptic, will be in charge of leading the transition team for the Environmental Protection Agency.

Maintaining the level of scrutiny finally granted for Standing Rock may not be easy under the new administration. Jennifer Baker, an attorney who has worked with tribes in South Dakota on pipeline issues for several years, fears that the ground gained may not last long. But while the camp at Standing Rock may be disbanding, the movement is not.

This Friday, the three tribes who have sued the Corps (the Yankont, Cheyenne River, and Standing Rock Sioux Tribes) will head to a hearing before the Inter-American Commission on Human Rights, seeking to increase pressure on the government to comply with both domestic and international law as it pertains to human rights and indigenous soveriegnty. 

What the anti-pipeline struggle has shown - and will continue to show - is that a fully accountable and transparent bureaucratic process could yet become the environment's best line of defence. That – and hope.

India Bourke is an environment writer and editorial assistant at the New Statesman.