Lawsuits

Documentary maker Miki Mistrati wants consumers to know the truth about chocolate

New film: "There is no role in cocoa production that is safe for the 1.56 million children working in West Africa"

by Lise Colyer March 29, 2022 in Society, Business, Features, Governance

Miki Mistrati has been documenting child labour in West Africa’s cocoa industry since 2007 – and he’s in therapy.

“You never get used to this,” he says. “I want people to understand what they are a part of. If you want to buy a cheap chocolate bar supporting child labour that’s your decision, but don’t tell me that you didn’t know.”

Research accepted by the cocoa industry says that 1.56 million children are working in cocoa production in Ivory Coast and Ghana. According to Miki Mistrati’s latest documentary film The Chocolate War, a high proportion of them have been trafficked from neighbouring countries such as Burkina Faso and Mali.

READ FULL ARTICLE HERE

Press Release: Child Slaves Who Were Trafficked and Forced to Harvest Cocoa in Cote D’Ivoire Sue the Cocoa Companies that Enslaved Them: Nestle, Cargill, Mars, et el.

Fri, 02/12/2021 - 09:46 -- admin

Contact: Terry Collingsworth, Executive Director
tc@iradvocates.org 1-202-543-5811 @tpcollingsworth

The Complaint filed today and the full press release are attached below.


On February 12, 2021, IRAdvocates filed a federal class action lawsuit on behalf of eight Malian young men who managed to escape back to Mali after being trafficked as children and forced to harvest cocoa in Cote D’Ivoire for one or more of the Defendant companies, Nestle, Cargill, Mars, Mondelēz, Hershey, Barry Callebaut, and Olam. These companies have a long history of violating the law and participating in a venture in Cote D’Ivoire that relies upon child slaves to produce cheap cocoa. In 2001, they signed the “Harkin-Engle Protocol” in which they explicitly promised consumers and regulators they would stop using child labor by 2005. Instead, they have given themselves numerous unilateral extensions of time and now claim that by 2025 they will reduce by 70% their reliance on child labor. Rather than make progress, their use of child labor is actually getting worse. In late 2020, a study by NORC at the University of Chicago and funded by the U.S. Department of Labor concluded that 1.56 million child laborers were working in cocoa growing areas of Côte d’Ivoire and Ghana in the 2018/19 growing season, an increase of 14 percent since a 2015 study, and 1.48 million child laborers engaged in hazardous work during this period

Terry Collingsworth, Executive Director of IRAdvocates, which represents the eight Malian Plaintiffs, stated “By giving themselves this series of extensions, these companies are admitting they ARE using child slaves and will continue to do so until they decide it’s in their interests to stop. Based on the objective record of twenty years of the failed Harkin-Engle Protocol, these companies will continue to profit from child slavery until they are forced to stop. The purpose of this lawsuit is to force them to stop. Enough is enough! Allowing the enslavement of African children in 2021 to harvest cocoa for major multinational companies is outrageous and must end.”


The case filed today is based primarily on the Trafficking Victims Protection Reauthorization Act (“TVPRA”), 18 U.S.C. § 1595 et. seq. This law allows victims of trafficking and forced labor to sue companies that participate in a “venture” and benefit from the trafficking or forced labor. The named Defendant companies have been cooperating in a venture for decades as they collaborate in a scheme to continue using child slaves while jointly promoting bogus programs they falsely claim are solving their child labor problem. They benefit by continuing to profit from selling cheap cocoa harvested by child slaves, including the eight Plaintiffs who filed this case. The TVPRA makes the companies jointly liable for child slavery on behalf of the “venture.”

IRAdvocates also filed a case on behalf of six former child slaves against Nestle and Cargill under the Alien Tort Statute (ATS), 28 U.S.C. § 1350, in 2005. The case is still pending and was argued in the Supreme Court on December 1, 2020. The companies argued they are immune from liability for child slavery under international law. Collingsworth commented, “in filing this new case we want these companies to know we will use every possible legal tool available to make them stop abusing child slaves. We call upon the companies to work with us solve this problem, rather than spend millions in legal fees to fight an uncontestable fact – the cocoa industry is dependent upon child labor. ”
The full complaint of the new TVPRA case as well as information about the ATS case are available at www.IRAdvocates.com. Here is an article detailing the situation the cocoa slaves endure: https://www.justsecurity.org/73959/nestle-cargill-v-doe-series-meet-the-...

 

www.IRAdvocates.com

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A Case Against Big Chocolate by Clay Gordon of The Chocolate Life

“Big Chocolate” gets hauled into court for failing to live up to its promises to curb human trafficking in their cocoa supply chains.

Before the sun rose on the Capitol this morning, Friday February 12th 2021, the non-profit organization International Rights Advocates filed suit in the US District Court for the District of Columbia on behalf of eight former child slaves of Malian origin who were trafficked from Mali and subjected to forced labor harvesting and cultivating cocoa beans on farms in Côte d’Ivoire.

Click here to read the rest of the article The Chocolate Life

How Cheap is that Chocolate in the Window? by Ayn Riggs

How cheap is that chocolate in the window?- Ayn Riggs, Director of Slave Free Chocolate. 

 

On December 1st the oral arguments for Doe. vs. Nestlé and Cargill will be presented to the Supreme Court of the United States. This case goes beyond simply seeking justice for children who were trafficked and held in slavery It will determine if American corporations are entitled to receive immunity if human rights abuses occur in their supply chains outside of the U.S. If Doe (boys, trafficked in from Mali and sold into slavery to work the cocoa farms of Côte d’ Ivoire) wins, then the United States will show the world that the US is on the side of the high ethical standards an humanity that we promote in our values. If Nestle and Cargill win, we are telling the world that slavery is trending again; turn a blind eye and enjoy consumer chocolate and other consumer goods at rock bottom prices. 

 

At first glance it might be easy to side with these corporations. Maybe, we hope, these large companies were unaware of the fact  that child slaves were  used to harvest the cocoa that ends up in our chocolate bars.  Go to any of the big chocolate company websites (Nestlé, Mars, Hershey Cadbury etc.) and you will find whole sections stating their ethical stance on sustainability. You will find photo after photo of happy farmers and smiling children donning school uniforms in company-built schools with big smiles on their faces and schoolbooks tucked under their arms. You will find they are part of an NGO called the World Cocoa Federation that is making all of this happen. Nothing looks amiss. Why would one question this? Why would they go through all of this work to deceive?

 

The answer is profit. Most of the big chocolate companies have shareholders. A CEO’s number one priority is profit. Any wrinkle in an effective profit strategy and the CEO will likely lose his or her job. The horrors of illegal child labor and child slavery were exposed in the late 1990s. , Congressional Representative, Eliot Engel, suggested a stamp on chocolate bars; “Child Slavery Free” so consumers would know what they were buying. To thwart this legislation, big chocolate companies including but not limited to Mars, Nestle, Cargill, Hershey and Cadbury all signed a non-binding protocol (Harkin Engel Protocol) in 2001 in which they admitted to knowing that they were profiting off the backs of children who were not going to school, were far from emergency medical services, were working with dangerous pesticides and that many were being trafficked into the cocoa farms from Mali and Burkina Faso and sold as slaves. They promised to clean all of this up. They formed an NGO, the World Cocoa Federation, which would act as the vehicle of remediation. The problem is that they didn’t fund this properly, so it acted merely as a public relations platform by funding paltry initiatives to provide photo ops for websites, with an aim to keep investigative journalists and activists in the dark. Big chocolate has been playing a cat and mouse game with many informed and enraged consumers, activists, and investigative journalists for the last 20 years. Sadly, they are winning. According to the U.S. Department of Labor, the number of exploited children has only increased since the Harkin-Engel Protocol was signed. 

 

I’ve watched all of this closely for the last 15 years. I founded Slave Free Chocolate.org to bring consumer awareness to the inhumane treatment of these two million children. 

 

Fair-trade initiatives have the right idea but have failed to make a large enough dent to bring forth any change. Remediation has to include the large companies profiting from the situation. They have the money and power to make a difference and fix it. 

 

Now we are right up on the end of Doe. vs. Nestlé and Cargill. What it comes down to is clear. Are we as a country going to be patting the backs of corporations for sticking to the strategy that puts a few more pennies in shareholder’s pockets? Or we are going to lead by example that humanity counts; that children matter. 

 

As consumers we DO have the power to help these children.  It is time we use it. Write to the complicit chocolate companies and your legislative representatives.  Let’s  engage our hearts for this cause and our voices on our social media audiences. You can find a list of offending companies, more details of the situation,  and other ways to make your voice count on SlaveFreeChocolate.org. 

 

Ayn Riggs is the founder and director of Slave Free Chocolate, slavefreechocolate.org @slavefreecocoa on twitter. 

 

 

 

Nestlè & Cargill v. Doe Series: Corporate Liability, Child Savery and the Chocolate Industry

This story is by Chris Moxley of Just Security:

The world’s chocolate supply is undergirded by rampant practices of child labor under extremely hazardous conditions and, in some cases, slavery. According to the U.S. Bureau of International Labor Affairs, cocoa plantations in Côte d’Ivoire and Ghana combine to produce 60 percent of the world’s cocoa. These plantations rely heavily on the labor of 2 million children working in hazardous conditions. Thousands of these child laborers are trafficked or forced into the work and may not be compensated for their labor, conditions amounting to slavery.


Read rest of the story HERE

The Supreme Court Grants Request by Nestle and Cargill to consider Giving Corporations Legal Immunity From using Child Slaves.

THE SUPREME COURT GRANTS REQUEST BY NESTLE and CARGILL TO CONSIDER GIVING CORPORATIONS LEGAL IMMUNITY FROM USING CHILD SLAVES TO HARVEST COCOA. HELP STOP THEM

Thu, 07/02/2020 - 15:36 -- admin


Contact: Terry Collingsworth, Executive Director
tc@iradvocates.org Twitter @tpcollingsworth

There is no question that young African children are harvesting cocoa for Nestle, Cargill and other large companies in Cote D’Ivoire and Ghana. The U.S. Department of Labor recently funded a study by the University of Chicago’s NORC which found that TWO MILLION AFRICAN CHILDREN ARE STILL harvesting cocoa.  http://iradvocates.org/news/nestle/department-labor-study-child-labor. Here are two young boys who were trafficked from Burkina Faso. Our researchers found them performing hazardous work on a cocoa plantation producing for a Cargill cooperative in Cote D’Ivoire:

cocoa harvesting picture 1.png

Media Folder: 

Media Root



In Doe v Nestle/Cargill , we sued Nestle and Cargill in 2005 on behalf of six children who were trafficked, enslaved and forced to harvest cocoa for the cocoa industry. The Court of Appeals ruled for the second time that our case should go forward, but today, the Supreme Court agreed to review Nestle and Cargill’s request to grant them legal immunity under international law. Believe it or not, Cargill and Nestle are arguing that corporations should be absolutely immune under international law and only individuals can face liability for human rights violations. Rather than work with IRAdvocates and others to STOP CHILD SLAVERY, Nestle and Cargill want legal immunity to continue profiting from child slavery. Win or lose in the Supreme Court, we must and will continue the fight to force these companies to FREE THE CHILDREN.    

Please help us by donating or taking a few minutes to contact the companies with a direct message that African children’s lives matter and slavery was outlawed in 1865. HERE’S HOW:

DONATE NOW: https://iradvocates.nationbuilder.com/donate

CONTACT CARGILL                 

Cargill’s CEO Dave MacLennan put out yesterday on the company’s twitter ( @Cargill  and @CargillEMEA) and facebook (https://www.facebook.com/Cargill/): “We stand with all who have spoken up to say Black lives matter and ‘not ever again.’”
Please respond to this cynical and false assertion of solidarity by posting on the company’s facebook and twitter accounts (they do not give out the direct contacts for officers):
Cargill CEO Dave MacLennon and General Counsel Anna Richo, the Lives of African Children Matter and Slavery ended in 1865! Stop using Black child slaves to harvest your cocoa. Instead of seeking legal immunity, work with IRAdvocates to end child slavery and establish meaningful independent monitoring and certification systems. 

CONTACT NESTLE
Please send this message directly to the email accounts of the officers below and also post on Facebook (https://www.facebook.com/nestle.USA/) and twitter (@Nestle and @Nestle USA):
Nestle, the Lives of African Children Matter and Slavery ended in 1865! Stop using Black child slaves to harvest your cocoa. Instead of seeking legal immunity, work with IRAdvocates to end child slavery and establish meaningful independent monitoring and certification systems.  
• Nestle CEO Mark Schneider: mark.schneider@nestle.com
• Nestle Executive VP Laurent Freixe: laurent.freixe@nestle.com
• Nestle USA CEO Steve Presley: steve.presley@us.nestle.com; @NestleUSA
• Nestle USA VP Molly Fogarty: molly.fogarty@us.nestle.com

PLEASE ALSO POST YOUR MESSAGES ANYWHERE THAT CAN HELP GET OUR URGENT MESSAGE OUT. THANKS VERY MUCH!

Class Action Law Suit Directed at Chocolate Companies

We will be reporting more on this in the future.  This is not the same law suit as Doe. VS. Nestlé, Cargill and ADM.  

This was reported in the Court House News Service by NICHOLAS IOVINO 

Chocolate Giants Face Slave Labor Lawsuits

By NICHOLAS IOVINO 

SAN FRANCISCO (CN) - Three of the nation's largest chocolate companies - Mars, Nestle and Hershey - get cocoa from suppliers that use child slave labor, customers claimed Monday in three federal class actions.
     All three lawsuits, filed by Hagens Berman Sobol Shapiro, claim the candy giants "turn a blind eye" to human rights abuses by cocoa suppliers in West Africa while falsely portraying themselves as socially and ethically responsible.
     "America's largest and most profitable food conglomerates should not tolerate child labor, much less child slave labor, anywhere in their supply chains," the complaints state.
     They accuse the companies of false advertising and violations of California business and consumer laws. All the plaintiffs claim they would not have bought the defendants' chocolate had they known it was produced with child slave labor.
     All cite the defendants' corporate responsibility statements, including Hershey's declaration that it has "zero tolerance for the worst forms of child labor in its supply chain."
     Lead plaintiff Elaine McCoy claims Nestle has publicly embraced protection of human rights as one of its core business principles, but fails to live up to it or to disclose the truth to customers.

For the rest of the article CLICK HERE

Bloomberg picks up story about Hershey Investors Suing over Child Labor

Last fall two law suits came out with decisions that went in favor of the cocoa kids and not in favor of the chocolate companies.  We are happy to see that Bloomberg picked up the following story!  --SFC

Hershey Investors Suing Over Child Labor Can Pursue Files by Jeff Feeley  Bloomberg News

March 19 (Bloomberg) -- Hershey Co., the largest chocolate maker in the U.S., was ordered to face a lawsuit by investors seeking to force it to turn over records about cocoa from African farms that may use illegal child labor. 

A Louisiana pension fund raised legitimate questions about Hershey executives’ knowledge of how much of the company’s cocoa, grown in West Africa, may have been produced by child slaves, Delaware Chancery Court Judge Travis Laster said yesterday. He overruled a master’s recommendation that the shareholders’ request to see cocoa-supply chain records be denied. 

West Africa, including top growers Ghana and Ivory Coast, accounts for about 70 percent of the world’s cocoa-bean production. Pressure to manufacture chocolate without harming children may grow as global sales of sweets head toward a record in 2014 and candy makers process more beans, according to data by Euromonitor International Ltd.  

The suit’s allegations create “a reasonable inference about the possibility” some cocoa Hershey officials bought from Ghana and Ivory Coast suppliers may be tainted by the use of illegal child labor, Laster said at a hearing in Wilmington, Delaware. Those questions may be “sufficient to warrant further investigation,” he said. 

See rest of the article at Bloomberg News

Current Lawsuits (continued)

LOUISIANA  MUNICIPAL POLICE EMPLOYEES' RETIREMENT SYSTEM (LAMPERS) VS The Hershey Company

In 2012 after Hershey denied a request of LAMPERS to examine internal documents LAMPERS filed a 220 complaint which would give them access. LAMPERS was seeking details about Hershey's cocoa suppliers.  LAMPERS had two reasons to be concerned.  First, on ethical and moral grounds and secondly, if former cocoa slaves are allowed to sue (See about court case) then they wouldn't want to tie their money up in a company what could be facing thousands of lawsuits.

Hershey's fought to dismiss the complaint on lack of evidence of mismanagement.  But, the ruling Judge, Vice Chancellor Laster said that suspicion is enough to let the complaint go through.

References:

The Court Document

Law 360 article about the case