Cocoa Protocol
Encyclopedia
The Harkin-Engel Protocol, commonly referred to as the Cocoa Protocol, is an international agreement aimed at ending child labour in the production of cocoa. It was signed in September 2001. As of 2011, it is unclear if the protocol reduced child labor in cocoa production.
In 2001, reports of human trafficking and physical abuse in West Africa
n cocoa farming raised concerns. Later that year, U.S. Representative Eliot Engel introduced a legislative amendment to fund the development of a "no child slavery
" label for chocolate products sold in the United States. American senator Tom Harkin
, a leader in the movement to end abusive child labor
worldwide, became involved.
Harkin and Engel worked with the cocoa and chocolate industry to create a protocol formally entitled "Protocol for the growing and processing of cocoa beans and their derivative products in a manner that complies with ILO
Convention 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labor." The Protocol was signed in September, 2001, committing the industry to addressing the "worst forms of child labor" and adult forced labor on cocoa farms in West Africa. (see Appendix 1 of
for the text of the Protocol). It was witnessed by the heads of 8 major chocolate companies, two U.S. Senators and a member of Congress, the Ambassador of Ivory Coast, the director of the International Programme on the Elimination of Child Labor, and officials from Free the Slaves, the Child Labor Coalition, the National Consumers League and the International Union of Food, Agricultural, Hotel, Restaurant, Catering and Tobacco Allied Workers Associations (IUF).
The parties agreed to:
s (NGOs), farmer groups and experts to raise labor standards. It was said to mark a first - an international industry taking responsibility for addressing labor abuses in its supply chain. However, the protocol was criticized by some, criticism which seems to have been validated by the fact that industry still has not delivered on farm level certification against the worst forms of child labour.
The joint foundation was established, known as the International Cocoa Initiative
. Through this foundation, $3 million was spent on pilot projects, detailed in Appendices 4-7 of. In addition, individual companies started their own initiatives. An industry-funded Verification Working Group was begun in 2004.
The Protocol stipulated that by July 2005, the chocolate industry would develop standards of certification. This deadline was not met. An extension of the Protocol was agreed upon, giving industry 3 more years to implement the Protocol. Again, after 3 more years, the key promises of the Protocol have not been met.
The International Labor Rights Fund
then filed a lawsuit against Nestle
, Cargill
and Archer Daniels Midland
. It was filed in July 2005 under the Alien Tort Claims Act on behalf of a class of Malian children who were trafficked into Côte d'Ivoire
and forced to work on cocoa farms for twelve to fourteen hours a day with no pay, little food and sleep, and frequent beatings.
Funding for the Verification Working Group was discontinued in 2006. However, in Summer 2007, the manufacturers contracted another company to fulfill this function.
Background
West Africa
West Africa or Western Africa is the westernmost region of the African continent. Geopolitically, the UN definition of Western Africa includes the following 16 countries and an area of approximately 5 million square km:-Flags of West Africa:...
n cocoa farming raised concerns. Later that year, U.S. Representative Eliot Engel introduced a legislative amendment to fund the development of a "no child slavery
Child slavery
-History:In the past, many children have been sold into slavery in order for their family to repay debts or for crimes. Sometimes this is also to give the children a better life than what they had with their family....
" label for chocolate products sold in the United States. American senator Tom Harkin
Tom Harkin
Thomas Richard "Tom" Harkin is the junior United States Senator from Iowa and a member of the Democratic Party. He previously served in the United States House of Representatives ....
, a leader in the movement to end abusive child labor
Child labor
Child labour refers to the employment of children at regular and sustained labour. This practice is considered exploitative by many international organizations and is illegal in many countries...
worldwide, became involved.
Harkin and Engel worked with the cocoa and chocolate industry to create a protocol formally entitled "Protocol for the growing and processing of cocoa beans and their derivative products in a manner that complies with ILO
Ilo
Ilo is a port city in southern Peru, with some 58,000 inhabitants. It is the largest city in the Moquegua Region and capital of the province of Ilo.-History:...
Convention 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labor." The Protocol was signed in September, 2001, committing the industry to addressing the "worst forms of child labor" and adult forced labor on cocoa farms in West Africa. (see Appendix 1 of
for the text of the Protocol). It was witnessed by the heads of 8 major chocolate companies, two U.S. Senators and a member of Congress, the Ambassador of Ivory Coast, the director of the International Programme on the Elimination of Child Labor, and officials from Free the Slaves, the Child Labor Coalition, the National Consumers League and the International Union of Food, Agricultural, Hotel, Restaurant, Catering and Tobacco Allied Workers Associations (IUF).
Content
The Protocol was a commitment by the industry groups World Cocoa Foundation and Chocolate Manufacturers Association (now known as the Chocolate Council of the National Confectioners Association) to develop and implement voluntary standards to certify cocoa produced without the "worst forms of child labor," (defined according to the International Labor Organization's Convention 182) by July 2005. The agreement laid out a series of date-specific actions, including the development of voluntary standards of public certification. The Protocol did not commit the industry to ending all child labor in cocoa production, only the worst forms of it.The parties agreed to:
- Commit "significant resources" to address the problem of force child labor.
- Form an advisory group by October 2001.
- Sign a joint statement on the urgency of the problem by December 2001.
- Establish an action program to enforce standards to eliminate the worst forms of child labor and to establish means to monitor and report on compliance with those standards, by 2002.
- Establish a non-profit foundation that would bring together industry and non-industry to address the worst forms of child labor in the cocoa supply chain, by 2002.
- Develop and implement standards of public certification that cocoa has been grown without any of the worst forms of child labor, by July 2005.
Response
The Protocol was hailed as a framework for progress, bringing together industry, West African governments, organized labor, non-governmental organizationNon-governmental organization
A non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...
s (NGOs), farmer groups and experts to raise labor standards. It was said to mark a first - an international industry taking responsibility for addressing labor abuses in its supply chain. However, the protocol was criticized by some, criticism which seems to have been validated by the fact that industry still has not delivered on farm level certification against the worst forms of child labour.
The joint foundation was established, known as the International Cocoa Initiative
International Cocoa Initiative
The International Cocoa Initiative was created in 2002 as a result of a groundswell of opinion urging the chocolate industry to ensure child and forced labour were not used in the production of their products. An international protocol was signed in Washington, D.C...
. Through this foundation, $3 million was spent on pilot projects, detailed in Appendices 4-7 of. In addition, individual companies started their own initiatives. An industry-funded Verification Working Group was begun in 2004.
The Protocol stipulated that by July 2005, the chocolate industry would develop standards of certification. This deadline was not met. An extension of the Protocol was agreed upon, giving industry 3 more years to implement the Protocol. Again, after 3 more years, the key promises of the Protocol have not been met.
The International Labor Rights Fund
International Labor Rights Fund
The International Labor Rights Forum is a nonprofit advocacy organization headquartered in Washington, DC that describes itself as "an advocate for and with the working poor around the world". ILRF, formerly the International Labor Rights Education & Research Fund, was founded in 1986...
then filed a lawsuit against Nestle
Nestlé
Nestlé S.A. is the world's largest food and nutrition company. Founded and headquartered in Vevey, Switzerland, Nestlé originated in a 1905 merger of the Anglo-Swiss Milk Company, established in 1867 by brothers George Page and Charles Page, and Farine Lactée Henri Nestlé, founded in 1866 by Henri...
, Cargill
Cargill
Cargill, Incorporated is a privately held, multinational corporation based in Minnetonka, Minnesota. Founded in 1865, it is now the largest privately held corporation in the United States in terms of revenue. If it were a public company, it would rank, as of 2011, number 13 on the Fortune 500,...
and Archer Daniels Midland
Archer Daniels Midland
The Archer Daniels Midland Company is a conglomerate headquartered in Decatur, Illinois. ADM operates more than 270 plants worldwide, where cereal grains and oilseeds are processed into products used in food, beverage, nutraceutical, industrial and animal feed markets worldwide.ADM was named the...
. It was filed in July 2005 under the Alien Tort Claims Act on behalf of a class of Malian children who were trafficked into Côte d'Ivoire
Côte d'Ivoire
The Republic of Côte d'Ivoire or Ivory Coast is a country in West Africa. It has an area of , and borders the countries Liberia, Guinea, Mali, Burkina Faso and Ghana; its southern boundary is along the Gulf of Guinea. The country's population was 15,366,672 in 1998 and was estimated to be...
and forced to work on cocoa farms for twelve to fourteen hours a day with no pay, little food and sleep, and frequent beatings.
Funding for the Verification Working Group was discontinued in 2006. However, in Summer 2007, the manufacturers contracted another company to fulfill this function.
Impotence
Ten years after implementation, it is unclear if the protocol had any effect in reducing child labor.External links
- Senator Harkin's web site on the Protocol.
- Text of the Cocoa Protocol
- Critique of the Cocoa Protocol by the International Labor Rights FundInternational Labor Rights FundThe International Labor Rights Forum is a nonprofit advocacy organization headquartered in Washington, DC that describes itself as "an advocate for and with the working poor around the world". ILRF, formerly the International Labor Rights Education & Research Fund, was founded in 1986...
- May 2005 Update on Cocoa Protocol by the International Labor Rights FundInternational Labor Rights FundThe International Labor Rights Forum is a nonprofit advocacy organization headquartered in Washington, DC that describes itself as "an advocate for and with the working poor around the world". ILRF, formerly the International Labor Rights Education & Research Fund, was founded in 1986...
- 2006 Protocol Update and Critique by the International Labor Rights FundInternational Labor Rights FundThe International Labor Rights Forum is a nonprofit advocacy organization headquartered in Washington, DC that describes itself as "an advocate for and with the working poor around the world". ILRF, formerly the International Labor Rights Education & Research Fund, was founded in 1986...
- Anti-slavery article on child labour in West Africa
- International Cocoa Initiative (ICI) aims "at overseing and sustaining efforts to eliminate the worst forms of child labour and forced labour in the growing and processing of cocoa beans and their derivative products"