Cargill

Brazil court fines Cargill in case involving child labor on Cocoa Farms by By Marcelo Teixeira and Ana Mano

SAO PAULO, Sept 26 (Reuters) - Commodities trader Cargill has been ordered by a Brazilian court to pay 600,000 reais ($120,185) as indemnity for buying cocoa from farms where child labor or forced work has been identified.

U.S.-based Cargill said on Tuesday it disagreed with the complaints and fine and would appeal the ruling to a higher court.

According to a decision dated Sept. 18, seen by Reuters, from the 39th Labor Court in the northeastern state of Bahia, Cargill was also ordered to add to its contracts with Brazilian cocoa suppliers clauses to end the commercial relationship if child labor or other unlawful working conditions occur.

Read the rest of the article HERE

SUSTAINABILITY INITIATIVES IN THE COCOA INDUSTRY by Bright Adjei Debrah

SUSTAINABILITY INITIATIVES IN THE COCOA INDUSTRY by Bright Adjei Debrah

The sustainability issues in cocoa are multidimensional and complex. Farmers are getting older, and they tend to be on small farms with large families, they work on the farm with very little to no external paid labor and they don’t have very big harvests. They also have a dropping productivity rate and they have murky land tenure rights. That combination often leads to encroachment into protected lands and forests. Poverty also leads to children needing to contribute to the family income by working on the farms but often by engaging in illegal child labor. Illegal child labor means things like carrying really heavy loads, using dangerous materials like machetes, or using chemicals and they are missing school or not going to school at all.

The latest numbers we have are that more than 2 million children are engaged in illegal child labor on West African cocoa farms. Smallholder farmers also have very little say in the prices that are paid for cocoa, actually pretty much none because the government set the price of cocoa. The farmers are very dependent on their local bean collectors (purchasing clerks) for the timing of when they pass by the farm to collect the seeds. The price that they get paid for the cocoa beans is way too low to earn a living income.

If we as a society want real economically stable societies that are linked up to the global food chain, then that is something that needs to change. Earning a living income is a basic human right that has been agreed upon with the UN as one of the global sustainable development goals, and cocoa farmers are far from it because most West African cocoa farmers are under a dollar a day.

The manufacturing process is very fractured, and this fractured process leads to enmity, when what we really need in the cocoa value chain is connection, empathy, and responsibility.

If we want to change the cocoa industry, and that I mean the entire cocoa industry, we have to look at how cocoa flows through 99% of the chocolate you have ever consumed in your life, and would probably continue to consume because only at scale will we achieve a significant impact on the ground. For now, we are doing much too little, much too late, and much too slowly.

SO HOW DO WE ACHIEVE THAT CONNECTION?

Connection comes through traceability. Chocolate brands have the obligation to know exactly who the cocoa farmers are, and who are providing the cocoa beans for their chocolate. Only then can they understand their circumstances and actually take full responsibility towards them for the human rights and the planet rights that we are all working towards.

Empathy is putting yourself in another person’s experience within their frame of reference. Farmers don’t want to ruin the last standing forest in their country, and farmers don't relish watching their children carry heavy loads, miss school or not go to school.

There is a systematic inequality that exists in the cocoa supply chain that is causing this exploitation. What is happening here in the cocoa-growing regions in Africa is a symptom of how stakeholders approach issues at their end. If stakeholders don't connect, empathize, and take responsibility for what is happening here in the cocoa-growing regions in Africa, then directly or indirectly, they are responsible for deforestation, exploiters, and child traffickers.

The cocoa value chain is shaped like an hourglass ⌛️. You’ve millions of cocoa farmers, mostly smallholders on one side, and on the other are billions of chocolate consumers. In the middle are just a few chocolate giants or stakeholders. The chocolate market is dominated by a few chocolate manufacturers, cocoa processors, and traders. These few actors have all the powers in the supply chain and great power comes with great responsibility. These stakeholders therefore have arapid goal-oriented and collective approach to changing the system.

Here is an interesting thing that is happening. Currently, there are more than 50 active separate sustainability initiatives or programs that are going on in Ghana and Côte d’Ivoire alone. A lot of these initiatives are focused on the same groups of farmers but with little to no cohesive approach between the programs, meaning that not a single farmer is being pulled out of poverty. Many of the farmers are also left in the cold and not being engaged at all.

What is happening is that chocolate giants are competing with each other and protecting their sustainability initiatives and they are doing it for just a very small fraction of the supply chain.

WHAT CAN BE DONE ABOUT THIS

Collaboration is the best new form of competition. Because, in this sharing economy, isn’t collaboration on sustainability programs much more purposeful than competition? As stake holders, we already know what the tools are to connect to farmers and to engage, but we need to do it together so that we can make a positive impact much faster.

As an example, picture a farmer who has been asked to have a map made of his farm. You can make GPS polygon maps by walking the perimeter of the farm and taking coordinate points. These marks are very important to both the farms and the farmer groups as well as the buying companies. Farmers and farmers groups can make an assessment of current yields, potential yields, and collective purchases for example of fertilizers/seedlings they might need for the year and buyers can analyze the maps for deforestation and deforestation risks. The maps are important and a tool that we know.

Picture the farmer welcoming a person with a company logo onto his farm to come and walk the perimeter of the farm. Then picture a week later, a different person with a different company logo came to do the exact same work again. Picture something that is even more frustrating than that wasted time and that duplicated effort. The frustrating part is that the farmer or the farmer groups do not even own, see it, use it, or leverage it.

Another connection, and collaboration that chocolate brands need to do is on living income. Chocolate brands can and should collaborate on paying a price to farmers that enables a living income. It is not fair for one chocolate brand to carry that financial burden for all other chocolate brands. It is also not a good idea for a farmer or farmer groups to sell their entire harvest to just one buyer or buying company. That is not resilient, that is risky business. It is not a good idea. But if you are only selling a fraction of your harvest at a living income price, the price that enables living income, then you are never going to get out of poverty.

There should be a level playing field amongst consumer brands to lift farmers out of poverty to create wealth. When that happens, farmers can make the investment in their farms, that chocolate companies say they need to do. Farmers would invest in their families, farms, and children’s education but without resources, they cannot do that. Chocolate brands and stakeholders that realize this connection, this empathy, and this responsibility can achieve that opportunity to amplify their positive impact on the ground through collaboration. If they are transparent about it, then consumers would know which chocolate brands to award with their chocolate buying sense.

To be clear, chocolate companies should compete fiercely on delicious chocolate, but they should not compete on cocoa. There should be no competition for child labor, deforestation on poverty, community development, additional livelihood programs, etc.

Consumers should award the chocolate brands that make farmers and forest protection their priority, and not a unique selling point, but something that is an absolute baseline.It is not a race we should be competing with each other, but it’s something that we should be doing together, so that we can get to where we are going faster.

Supreme Court Shoots Down Child Slavery Lawsuit Against Nestle and Cargill

The justices noted that, even after 15 years of litigation, the plaintiffs could not demonstrate that either company knew that certain cocoa farms and cooperatives used child labor. 

The United States Supreme Court has found that a group of former child slaves cannot sue two American chocolate companies.

According to USA Today, the lawsuit has reached its conclusion after a 15-year-long court battle. The initial complaint was filed by six citizens of the West African nation of Mali, who say they were trafficked to Ivory Coast to work as slaves on cocoa plantations. Read the rest of the article on legalreader.com CLICK 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.