A lawsuit has been filed in the US against the world's largest chocolate companies on the behalf of eight young Malian men claiming to have been trafficked as children and forced to work on cocoa plantations in Côte d'Ivoire.
Child labour on a cocoa plantation, Côte d'Ivoire
According to a Multiple Indicator Cluster Survey conducted in 2016, 21.5% of children ages 5 to 17 are engaged in hazardous work in Côte d'Ivoire.
The plaintiffs' case is based on the Trafficking Victims Protection Reauthorization Act of 2017 which allows trafficking and slave labour victims to sue companies that take part in a "venture" and benefit from the illegal trade.
The lawsuit was filed in Washington DC on the plaintiffs' behalf by human rights non-profit group International Rights Advocates, and names some of the biggest brands in the chocolate business as defendants including Nestlé, Cargill, Barry Callebaut, Mars, Olam, Hershey and Mondelēz.
The corporations stand accused of "collaboration in a scheme to continue using child slaves while jointly promoting bogus programs they falsely claim are solving their child labour problem."
In 2017, research by the International Labour Organization (ILO) estimated that 152 million children aged between 5 and 17, were subject to child labour, accounting for around 10% of the children around the world. The study found that the practice is most prevalent in Africa with 72.1 million in child labour, with the Asia-Pacific region at 62 million.
The plaintiffs, now all young adults, are all originally from Mali and are seeking damages for forced labour, as well as compensation for unjust enrichment, negligent supervision, and intentional infliction of emotional distress.
The case is a first in the US and is the first time that a class action has been brought against the cocoa industry. Citing the ILO research, as well as similar research conducted by Unicef, the plaintiffs allege that their experience of child slavery is reflected by that of thousands of other children.
Child labour on cocoa plantation, Côte d'Ivoire. Credit: International Rights Advocates
Around 45% of the global supply of cocoa, a key ingredient of chocolate, is produced in Côte d'Ivoire. West African cocoa production has long been linked to human rights abuses, low pay, systematic and structural poverty and child labour.
The case hinges around a central allegation that despite not owning any stake in the plantations in question, the defendants have "knowingly profited" from the use of child labour. According to documents submitted to the courts, the contracted suppliers were able to offer lower-priced cocoa than if they had employed adults with the proper protective equipment as workers.
The companies also stand accused of knowingly misleading the public over the collective voluntary pledge made in 2001 to "phase out" child labour as part of the Harkin-Engel Protocol. The original deadline for this was 2005, though this has now been extended to 2025 by the World Cocoa Foundation, an industry body of which all defendants are members.
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The lawsuit makes several claims on behalf of the plaintiffs, who were all under 16 at the time of their recruitment, including having no access to protective equipment while using chemical herbicides and pesticides, visible and lasting cuts on the body from machete accidents, reports of long working hours and underfeeding, as well as being kept in isolation from the other child workers when not working.
During the fieldwork for the case, the legal team representing the eight plaintiffs say that they routinely witnessed these practices named in the lawsuit on the cocoa plantations they visited.
The court papers describe the situation in the plantations of Côte d'Ivoire as "morally repugnant" and a "humanitarian disaster" that contributes to the country's ongoing poverty. The plaintiffs also claim they and many other child workers suffer "long-term mental and physical trauma" as a result of the widespread use of child slavery.
Malian child worker with machete, Côte d'Ivoire. Credit: International Rights Advocates
Young boys trafficked from Mali are given machetes to clear brush and harvest cocoa pods. Credit: International Rights Advocates
A Nestlé spokesperson stated that the lawsuit “does not advance the shared goal of ending child labour in the cocoa industry” adding that "child labour is unacceptable and goes against everything we stand for. Nestlé has explicit policies against it and is unwavering in our dedication to ending it."
“We don’t comment on any possible pending litigation,” said Mars spokesperson Jessica Adelman in an email statement.
Cargill released a statement saying: “We are aware of the filing and while we cannot comment on specifics of this case right now, [the company wants] to reinforce we have no tolerance for child labour in cocoa production. Children belong in school. They deserve safe living conditions and access to good nutrition.”
Barry Callebaut said it stood by its commitment to the eradication of child labour from its supply chain by 2025.
A spokesperson for Olam said the company has a zero-tolerance policy for forced or slave labour in their supply chain, saying: “If we were to identify any instances, we would immediately take action which includes notifying the appropriate authorities.”
A spokesperson for Hershey said: “We understand and agree with the concerns about the heartbreaking instances of child and forced labour. Hershey does not tolerate child or forced labour in our supply chain. These human rights violations have no place in the global cocoa industry, and we are committed to ending it.
Also read: 5 Tech Giants Sued Over Use Of Child Labour In Congolese Cobalt Mines
In December 2019, International Rights Advocates filed a similar lawsuit against five global tech giants on the behalf of families from the Democratic Republic of Congo which accused the companies of complicity in the death of children forced to work in cobalt mines.
The case is still ongoing with the defendants - Apple, Tesla, Google, Microsoft and Dell - putting forward a motion to dismiss the case on the basis that the companies claim to have no control over the actions of the mining companies.
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