Hershey's

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.

Please Customs and Border Protection, DO YOUR JOB!!!

The US Customs and Border Protection Agency is sitting on something that could really help.

The Department of Labor has cocoa listed as a child labor and forced child labor commodity. The industrial chocolate industry knows this as they clearly admit it is part of their supply chain and promised to clean this up in 2001 when it signed the Harkin Engel Protocol. Unfortunately, it hasn’t. Despite a slew of paltry initiatives, no positive change as been recorded. What has been documented by the Department of Labor is that the number of exploited children in the cocoa sector of Ghana and The Ivory Coast has risen.

But get this, the US Customs and Border Patrol Agency is supposed to issue an embargo and halt the import of these beans. It’s law. But despite and endless amount of outreach including a detailed petition, they haven’t done their job.

Below are the screen shots to a response that International Rights Advocates receive over 2 years after they filed a detailed petition.

After working on this issue for 16 years now, I really believe that halting these beans would help inspire the complicit industrial chocolate companies to fulfill the promises they not only gave to these children but the rest of the world.

Ayn Riggs

Director Slave Free Chocolate


SAN FRANCISCO COUNTY BOARD OF SUPERVISORS CONDEMN MULTINATIONAL CHOCOLATE COMPANIES FOR THEIR USE OF CHILD SLAVE LABOR

(San Francisco, California) In a groundbreaking resolution passed on Tuesday, April 6, San Francisco County Board of Supervisors called for Mars, Nestlé, and other major chocolate producers to immediately cease the use of child slave labor in their cocoa supply chains.

 

The Resolution describes the inhumane and illegal working conditions in today’s cocoa industry. Over 1.5 million children are illegally involved in cocoa harvesting and production, mainly in West African nations like Côte d’Ivoire and Ghana, forced to endure hazardous working conditions for little or no pay.

 

Supervisor Dean Preston was a strong supporter of the resolution, arguing that it is past time for Mars, Nestlé, and other major chocolate producers to stop their use of child forced labor.

 

"The board passed a unanimous vote, a clear message to Mars and Nestlé that it’s time to stop utilizing child forced labor in global cocoa supply chains,” says Preston. “It’s a tragic reality for children in West Africa, and despite international condemnation and empty promises to change by these corporations, the issue persists.”

 

Despite decades of assurances that they will do better, major multinational chocolate companies like Mars, Nestlé, and Hershey have taken inadequate steps and ultimately failed to change their cocoa sourcing patterns in order to guarantee an ethical supply chain. According to Terry Collingsworth, Executive Director of IRAdvocates, these chocolate companies in particular have been full of empty promises when it comes to eradicating child slave labor in their supply chains.

 

“IRAdvocates and other organizations have been working for decades to get the large cocoa companies to keep their promise made in signing the 2001 Harkin-Engle Protocol to stop using child labor to harvest their cocoa in Côte d’Ivoire,” explains Collingsworth. “The cocoa companies have made crystal clear that they won't keep this promise unless a community devoted to ending child slavery in 2021 comes together to stop them.” Collingsworth hopes this recently passed resolution will serve as a model for concerned residents in cities and towns across the country.

 

Other chocolate companies— with much fewer resources than multinationals like Mars— are able to ethically source their cocoa; showing that slave free chocolate is an achievable goal.. Instead, major chocolate producers have consistently demonstrated that they care more about profit than they do about human welfare. Their race to source the cheapest possible cocoa, regardless of the human costs, has driven down industry standards and facilitated gross human rights violations that break international, domestic, and California law.

 

This resolution passed by the San Francisco County Board of Supervisors is a strong step forward to show Mars, Nestlé, and other major chocolate producers that the residents of San Francisco are committed to holding companies responsible for their human rights violations.

 

Consumers have more power to create positive change than they might realize, explains Ayn Riggs, Executive Director of advocacy organization Slave Free Chocolate.

 

“Chocolate is a consumer product, which means when it comes to the eradication of child slavery in the industry, we, the consumers, have all of the power,” says Riggs. “And when this happens, it won't just be a win for the 1.5 million children working illegally in the chocolate industry but a win for humanity as well."

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

Ivory Coast cocoa farmers threaten to boycott industry sustainability programs by Ange Aboa for Reuters

YAMOUSSOUKRO (Reuters) - Cocoa farmers in Ivory Coast said on Thursday they would withdraw from chocolate industry sustainability programs if companies try to avoid paying a premium aimed at combating farmer poverty.

The world’s top producer introduced a $400 per tonne premium this season, known as a living income differential (LID), to increase farmer wages.

The move was welcomed by farmers, but it has driven up prices for Ivorian cocoa just as the coronavirus pandemic dents global demand, causing friction between large chocolate companies and the workers growing the raw crop.

At stake are the sustainability schemes that certify that the cocoa that international companies buy is free of environmental and human rights abuses.

They allow companies to market their chocolate as ethically produced and charge more for it, although the schemes cover less than half of Ivory Coast’s cocoa exports.

READ THE REST OF THE ARTICLE HERE



HAPPY HALLOWEEN

 Two billion dollars will be spent on candy for Halloween.   Awareness of this situation has come a long long way but the numbers of children working under the "worst forms of child labor" and children trafficked to work as slaves on the cocoa …

 

Two billion dollars will be spent on candy for Halloween.   Awareness of this situation has come a long long way but the numbers of children working under the "worst forms of child labor" and children trafficked to work as slaves on the cocoa farms has risen.  These kids need the help of the western consumers now more than ever.  Vote with your voice. Vote with your dollar.  Demand that Hershey's, Nestlé, Cargill, ADM and the rest make good on their promises of 2001 and remedy this situation.  The money is there, the law suits are going, Ghana and Ivory Coast are more stable. Now is the time.  Let's win this war against modern day slavery.

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

Children working in cocoa industry increases 21%

According to Tulane University's Payson center, 

 "A report just released by the University of Tulane, commissioned by the US Department of Labour, estimates that there are more than 2.1 million child labourers in cocoa-growing across Ghana and Côte d’Ivoire. This represents a 21% increase in the absolute number of child labourers in cocoa, and a 15.5% increase in the prevalence of cocoa-related child labour in cocoa-growing areas, between the selected baseline year of 2008/9 and 2013/4. "

Not good. The situation has gotten WORSE, not better since the the onset of the Harkin Engel Protocol.