"Agreements to Eliminate Gender-Based Violence and Harassment in Lesotho", May 2023

In 2019, landmark agreements were signed by three leading apparel brands, a major supplier of denim, and a coalition of labor unions and women’s rights organizations to prevent and address gender-based violence and harassment (GBVH) in garment factories in Lesotho. Ten thousand garment workers were producing denim clothing in five factories owned by Nien Hsing Textile Co., Ltd., (Nien Hsing) supplying international brands Levi Strauss & Co., Kontoor Brands (Lee and Wrangler Jeans), and The Children’s Place...Under the agreements, Nien Hsing committed to a robust Program to Eliminate GBVH in Lesotho (Anti-GBVH Program), centered on a mechanism independent of the company to field and investigate worker complaints and ensure remedies, including terminations of perpetrators where appropriate. Nien Hsing’s commitments are enforceable through agreements with the apparel brands, which obligate them to use their economic power to ensure its compliance...

Three years into the implementation of the program, major strides have been made to root out GBVH, progress achieved in spite of the enormous challenges generated by the Covid-19 pandemic...

Since February 2021, Workers’ Rights Watch (WRW)...has responded to dozens of complaints, conducting 81 individual in-depth investigations from February 2021 through November 2022 and directing disciplinary action against harassers in numerous instances, up to and including the termination of the harasser...Workers’ understanding of GBVH, and of their rights, has increased markedly, through unprecedented education and awareness programs, a process that has disrupted the long-held acceptance of these behaviors. Most importantly, the incidence of GBVH in the factories has been substantially reduced, though elimination of violations altogether will undoubtably take more time as the implementation of the program continues.

Memoranda of understanding (MOUs) that the factory group signed with trade unions to ensure that associational rights are protected have played a pivotal role in the effective implementation of the program...the MOUs have ensured that the three unions are able to freely operate within the factories and carry out their vital role...Notably, as the workforce in the Nien Hsing factories contracted due to a pandemic driven decline in orders, layoffs that took place were managed via direct engagement with the unions. Workers received full severance and fair treatment through this process, unlike many other workers around the world who have faced wage theft and discriminatory dismissals during the pandemic.

Bringing together women’s rights organizations and trade unions has been a unique element of this approach and program, ensuring strong emphasis on a women’s rights approach, alongside protection for people’s rights as workers. For example, the women’s organizations and unions worked jointly to formulate the training curricula and educational materials that are the basis for the intensive twoday GBVH trainings which more than 6,000 workers and supervisors had received by the end of 2022...