Valentine’s Day Campaign: Put some love in Executive Order 13126

Slave Free Chocolate’s new site is barely up but, we don’t want to waste time getting people geared up for this easy peasy campaign on Feb. 13th and 14th.  We are looking for collaborators to help us outreach to their own networks and ask them to participate.  There is static page on this site with this same content. If you would like to draw people to your site for the content, feel free to grab anything below.

In 1999 the US Department of Labor issued Executive Order 13126. “Prohibition of Acquisition of Products Produced by Forced or  Indentured Child Labor,” was signed on June 12, 1999. The EO is intended  to ensure that federal agencies enforce laws relating to forced or indentured  child labor in the procurement process. It requires the Department of Labor, in  consultation with the Departments of State and Homeland Security, to publish  and maintain a list of products, by country of origin, which the three  Departments have a reasonable basis to believe, might have been mined, produced  or manufactured by forced or indentured child labor. Under the procurement  regulations implementing the Executive Order, federal contractors who supply  products on a list published by the Department of Labor must certify that they  have made a good faith effort to determine whether forced or indentured child  labor was used to produce the items listed.  Please see about link for detailed information.

There is a “mistake” on this order in regards to chocolate.  Cocoa  beans from The Ivory Coast and Nigeria is listed. Yet, companies like Hershey’s, Cargill and ADM to name a few who buy Ivory Coast cocoa beans still supply our federal government with their chocolate.  During my trip to capitol hill I found out why.  The federal government doesn’t buy cocoa beans, it buy it’s derivative product chocolate. If that ins’t a bunch smoke and mirrors malarkey, then what is?

We believe that in  order to be in line with its intention, these words need to be added: ”and its derivative products.”  If the big candy players can no longer sell to the feds, it would really wake them up.  Additionally, the bids for chocolate would go to ethical chocolate companies!!  What a great way to give them opportunity they deserve.

A powerful way to get our government in action is to appeal individually to our elected officials.  It seems that if we all write the exact same letter with the exact same subject line (email or written), at the same time, then the offices of our public servants have to take note. Addressing the “mistake” in Executive Order is something in their scope as a public servant.

It should take only about 15 minutes to send 3 emails. One to each of your Senators and one to your district Congressman on either Feb. the 13th or 14th. Here is a link that will lead you to the contact information of your politicians.  Below is the letter. Please spread the word it’s a numbers game at this point.  Thanks!!!!

THE LETTER WE SHOULD ALL USE:

Subject:  Put some love in Exec. Order 13126 this Valentine’s Day

Dear __________

As your constituent, I am writing you on behalf of DOL Executive Order 13126: “Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor”, signed on June 12, 1999.   It’s wonderful that we live in a country concerned for the global welfare of children, unfortunately  there is a mistake on this order that needs to be fixed.

Currently, listed is cocoa from Cote d’ Ivoire and Nigeria. For this to have any effect at all I would like to see the words “and its derivative products” included on that line.  To my knowledge the federal government has never purchased raw cocoa beans, but it does, through procurement channels, purchase chocolate where the cocoa originated from the two countries in question.  I personally see no ethical difference between the raw beans and chocolate.

If your office is unfamiliar with the current situation regarding worst forms of child labor situation in West Africa, may I suggest you take a look at Tulane’s latest Report on the Harkin-Engel Protocol.

Adding “and its derivative products” will mean that our federal government will have to shift purchasing to smaller chocolate companies that only use ethically sourced cocoa.  I see that as a win for both the sake of the children and a bonus for the many small business that would love to have more opportunity for growth.

Thank you in advance for your help.

CNN Freedom Project Series put some attention on the cocoa kids.

Finally, the US media is giving some attention to this issue.  On Jan. the 20th and 21st. CNN as part of their Freedom Project Series-Ending Modern Day Slavery will air a program illustrating the plight of the children that work in the cocoa fields of The Ivory Coast.  I think even advertising this spot will do wonders.  Here is a link to the story and I hope everyone has a chance to catch this.  CNN Program.

Slave Free Chocolate at Georgetown

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I just got back from doing a lecture at Georgetown U. as part of their Lecture Fund Series.  It went well and now that I have this speech and presentation, I am going on the road with it.  I also had a few meetings on capitol hill where I  met with Harkin’s office, Engel’s office and the head of Africa for the House Foreign Affairs Committee.

     Both Harkin’s office and Engel’s office clearly explained that as far as legislation, the public needs to push for the “No Slavery Here” stamp. Continue reading

Nestlé and the Cynical Use of Certification via Jeff Ballinger

This is a blog by Jeff Ballinger.  As the Fair Trade movement is the best thing we have to date to count on, it’s not without its problems like everything else.  Here is the article:

Nestlé and the Cynical Use of Certification; “Fair Trade” for Some Tiny Percentage Gives Reputational Boost By Jeff Ballinger

Do we debate Fairtrade (Ft) labeling and marketing in the U.S.?  No, not so much – at least not compared to Britain, where it is something of a blood sport (some links below).  It may be somewhat unfair to lump Ft in with Corporate Social Responsibility (CSR), but that’s the direction in which I’m presently leaning – especially since I started researching issues related to TransFair USA’s imminent launch of a pilot factory standard for clothes. 

Nestlé strategy with Kit Kat – the largest-selling candy bar in the UK – is to spend less than a million dollars annually for a Ft premium to cocoa growers so that all KK’s sold in the UK + Ireland get the Ft logo.  This amount is less than 2% of the advertising budget for Nescafe/UK and, indeed, should be viewed as part of that advertising spending. 

Cocoa strategy, then, closely follows Nestlé behavior vis a vis sourcing ethical coffee (0.2% of total purchases).  Why bother?  There’s an opinion from Mike Brady, Campaigns and Networking Coordinator at Baby Milk Action here: “In evaluating Nestlé’s motives, we shouldn’t forget that the Chairman, Peter Brabeck-Letmathé, has said that Nestlé should only support charities if it will benefit his shareholders and the reasoning here [Kit Kat] will be the same.”  Many other relevant views expressed here in 2007 BBC magazine story: How fair is Fairtrade?

For comments on a fine opinion piece in the Guardian 10 days ago, see Andrew Chambers’ “Not So Fair Trade.” Just yesterday, Prof. Daniel Jaffee (Washington State University) cleared up what he saw as a misrepresentation of his position – very interesting (& includes this insight: “If TNCs such as Nestlé and Dole are allowed to dabble in fair trade at token proportions of their overall volume – without being held to firm minimum percentage levels and being forced to raise those volumes steadily over time -fair trade runs the risk of serving to sanitize the image of corporations with poor human rights records, of becoming a “fair-washing” device…”)

International Cocoa Initiative Statment in 2008

Keep in mind that the missed milestones of 2005 were moved to 2008.  The International Cocoa Initiative (ICI) is the NGO that was created to re-mediate the situation.  Although they’ve done a lot of work and set up a structure, they only have received enough funding to date to reach about 4% of whom they needed to.  Given that they are dependent on big candy for most of the funding, they’ve been put in a tight spot.  Here is their official statement they gave in 2008.

London, 1-2 April 2008     ICI Conference Recommendations    “Sharing Lessons Learned – Developing Ways Forward”    Introduction     The International Cocoa Initiative (ICI) hosted child labour experts from across the globe at an event at the London School of Economics. The conference, “Sharing Lessons Learned – Developing Ways Forward”, focused on efforts to eliminate child labour in agriculture with a particular reference to the cocoa sectors of Ghana and the Cote d’Ivoire. The participants included senior Government representatives of Ghana and the Cote d’Ivoire, the cocoa trade, the chocolate industry, members of international agencies, civil society from producer and consumer countries, as well as internationally acknowledged experts on child labour.   The first day of discussion focused on lessons learned from the programmes underway and the efforts in different commodity producing countries, while the second day challenged the conference participants to set the agenda for future direction. After two days of intense discussion a number of themes emerged which, while not necessarily reflecting a consensus of all present, were the product of thorough debate, strongly support and, most importantly, recognised as critical to future success. On the morning after the full conference deliberations, a working group of participants, representing governments, industry, local and international NGOs, reviewed the conference outputs. Drawing on these outputs, this group identified the need for a compelling vision, along with key themes and concrete recommendations, for consideration by all those with an interest in the elimination of child labour and the sustainable future of the cocoa supply chain within Ghana and the Cote d’Ivoire.  Outlined below are the key findings.     A Vision for cocoa   The elimination of child labour and the future of sustainable cocoa growing in Ghana and the Cote d’Ivoire must be based on thriving cocoa growing communities. This challenges us to work towards conditions that will support healthy, appealing and economically viable communities where children are safe and in school. Promoting the profitability of cocoa farms, using improved tools and methods, is the best way to ensure a sustainable supply of quality cocoa while at the same time encouraging investment in the farm, the family, the community and the future of their children.    ICI Conference Recommendations, 1-2 April 2008 Page 1 of 4 The conference participants recognise and agree these conditions are not widely met in the two countries at this time. To achieve this vision will require the leadership of these producer governments and effective collaboration with the cocoa industry, international agencies, civil society and other development partners over the long term to achieve this vision. The approach must ensure that children inform and influence their own future and that child labour is not displaced to other sectors.     Themes for action     Bearing in mind the many experiences and lessons learned to date, this conference suggests that there are compelling reasons for all parties to commit to a vision of thriving cocoa communities. The conference deliberations produced the following key themes that should be given serious consideration for individual and/or collective action.    • The governments of cocoa producing countries are central to providing the overall leadership and coordination of efforts for the development of cocoa regions. This places upon them the responsibility for providing appropriate plans, mechanisms for engagement and cooperation, appropriate data collection and transparent reporting, while remaining open to effective collaboration with others.  • The cocoa industry including local buyers, transporters and processors, manufacturers of cocoa based products, with the related trade and retail sector, bear a key part of the shared responsibility for the future of the cocoa supply chain. The industry should support the evolution of an efficient, transparent and sustainable cocoa supply chain that significantly contributes to the needs for a decent living for farmers and their families and actively supports efforts towards the elimination of child and forced labour. • Effective progress towards this vision can only be made by drawing on the expertise of the international development agencies and the unique role of civil society. In partnership with governments these organizations are vital to ensure that improvements in infrastructure and farm profitability are matched with social development. Civil society can ensure a real voice for farmers, communities and especially women and children in their own progress. • Underlying all development efforts and in particular the efforts to eliminate child labour, must be substantial investment in quality accessible education for all. Recognising that many positive lessons have been learned, there are innovative and cost effective solutions that need to be extended in support of the formal education system, to reach those children who are out of school and illiterate adults. The vision of thriving cocoa communities requires immediate action to improve education in the producing areas.     Concrete steps forward     To build on the energetic engagement at the conference and the themes recommended above, concrete action is needed. This conference did not aim to be prescriptive but encourages all, including those not represented, to consider these outputs, learn from the lessons shared and put into action those recommendations that fall within their field of responsibility and influence. The conference encouraged the proposal of actionable items which can stimulate both engagement and common commitment.  The actions below are in no way exhaustive but are drawn from those conference outputs where there was significant agreement and energy to move forward in the short to medium term. Those actions which are considered urgent are indicated.     ICI Conference Recommendations, 1-2 April 2008 Page 2 of 4 Producer government leadership & coordination:     • Urgent: Disseminate widely National Action Plans and ensure a regular national coordination mechanism that allows all partners to contribute to these plans, share information and build on lessons learned.  • Urgent: Engage fully with civil society as unique partners of government to support the national action plans especially at community level. • Urgent: Extend the regular cocoa sector studies envisioned under the “child labour certification” system currently being implemented, to drive effective policy, remediation and corrective action. • Urgent: Complete and disseminate the national lists of hazardous activities in compliance with ILO convention 182. Dissemination must be in forms that are easy to access by all. • Integrate the broader development needs in the cocoa sector, including specifically those of children, into national development plans and secure relevant concrete support from international agencies and development partners. • Establish a fully operating system of response and safe rehabilitation for identified cases of trafficking and exploitation.     Evolution of the supply chain:     • Urgent: Undertake a comprehensive review of the current knowledge that can support the development of a sustainable cocoa sector and ensure that this is widely disseminated. • Urgent: Increase the investment in relevant extension-services to ensure that smallholder cocoa farming is properly supported, including access to market information. • Urgent: Promote the organisation of cocoa farmers for collective action to enable them to work together for their common self interest and ensure a fair price.  • Develop and apply improved technology, methods and tools to raise productivity, improve quality and create proven replicable models for the future of profitable cocoa farming. • Improve the efficiency and transparency of the cocoa supply chain ensuring that the farmers are fully represented in such changes.     The role of international agencies and civil society:     • Urgent: Local civil society shall ensure that they effectively coordinate with national governments in their efforts to reach out to communities, promote equitable development with an emphasis on women and children. • Urgent: Actively incorporate key international agencies, including but not limited to ICCO, UNICEF, ILO, IOM, UNDP, World Bank into the national coordination structures. Their support of the efforts of Governments should be sought to promote broad development in the cocoa sector. • Urgent: Improve the identification and safe rehabilitation of trafficked and exploited children, with international agencies and civil society playing an active role under the leadership of government. • Increase significantly the outreach of programmes that foster and build-on the capacity of local civil society. These programmes must seek to create community level capacity to lead their own development and ensure that the child is at the centre of their development efforts. ICI Conference Recommendations, 1-2 April 2008 Page 3 of 4 • Incorporate lessons learned into existing programmes for effective action to create awareness of and combat child and forced labour. New programmes translate into concrete support of national action plans.     Investment in quality accessible education for all:      • Urgent: Incorporate the lessons learned in the provision of accessible quality education for all into the national action plans for development efforts in the cocoa regions. Lessons learned must specifically include the efforts needed to ensure all girls attend school. • Urgent: Develop appropriate education support programmes to ensure basic education can be provided in cocoa growing areas including those which are remote. • Expand significantly programmes that can effectively reach children who have dropped out of school, who have never attended school or who would better benefit from “life skills” based education. All such programmes should as much as possible aim to reintegrate children into and support the formal education system. • Launch innovative projects to provide appropriate and meaningful approaches to vocational education. Projects must aim to provide older children with real choices for a livelihood in their community or the means to eventually seek work beyond their community without making them vulnerable to exploitation.       ICI will produce a full conference report which will contain specific recommendations in all these thematic areas and further add to the areas of action for consideration.