Eight children who claim to have been used as slave labor in cocoa plantations in Côte d’Ivoire have filed a lawsuit against the world’s largest chocolate companies. They accuse companies of helping and encouraging the illegal slavery of “thousands” of children on cocoa farms in their supply chains.
Nestlé, Cargill, Barry Callebaut, Mars, Olam, Hershey and Mondelēz were cited as defendants in a lawsuit filed in Washington DC by the human rights firm International Rights Advocates (IRA) on behalf of eight former slave children who say they were forced work without pay on cocoa plantations in the West African country.
The plaintiffs, all from Mali and now young adults, are seeking compensation for forced labor and additional compensation for unjust enrichment, negligent supervision and intentional imposition of emotional distress.
It is the first time that such a class action has been brought against the cocoa industry in a United States court. Citing surveys by the United States Department of State, the International Labor Organization and Unicef, among others, court documents claim that the plaintiffs’ experience with child slavery is mirrored by that of thousands of other minors.
Côte d’Ivoire produces about 45% of the global supply of cocoa, an essential ingredient in chocolate. Cocoa production in West Africa has long been associated with human rights violations, structural poverty, low wages and child labor.
A central claim in the lawsuit is that the defendants, despite not owning the cocoa farms in question, “consciously profited” from the illegal work of children. According to the allegations, the suppliers hired by the defendants could offer lower prices than if they had hired adult workers with appropriate protective equipment.
The action also accuses the companies actively deceive the public in its 2001 pledge to “phase out” child labor. The original deadline for fulfilling the commitment, made as part of the voluntary Harkin-Engel Protocol, was 2005. The World Cocoa Foundation, the industry body to which all defendants belong, now aims to reach the target by 2025.
In the complaint, all eight plaintiffs describe having been recruited in Mali through cheating and deception, before being trafficked across the border to cocoa farms in Côte d’Ivoire. There, they were forced to work – often for several years or more – without pay, without travel documents and with no clear idea of where they were or how to return to their families.
Court documents allege that the plaintiffs, all under 16 at the time of recruitment, worked on farms in the country’s main cocoa producing areas. The defendants ‘apparent influence in these markets is described as “dominant” by the plaintiffs’ attorney.
The suit alleges that one of the claimants was he was just 11 years old when a local from his hometown, Kouroussandougou, Mali, promised to work in Côte d’Ivoire for 25,000 CFA francs (£ 34) a month. Legal documents state that the boy worked for two years without ever being paid, often applying pesticides and herbicides without protective clothing.
The documents state that another child named as plaintiff in the lawsuit had visible cuts on his hands and arms due to machete accidents. Speaking of his experience of forced labor between 2009 and 2011, he remembers being constantly bitten by insects. Like most claimants, he claims in the lawsuit that he was promised payment after the harvest, but it never happened.
Many of the plaintiffs cited in court documents report being underfed and working long hours. They often claim that they were kept alone or isolated from other working children, who spoke different dialects.
During fieldwork for this case, the plaintiffs’ legal team said they routinely found children using machetes, applying chemicals and performing other dangerous tasks on the cocoa plantations they were producing for one or more of the defendants.
In addition to being morally disgusting, these abuses against children represent a “humanitarian disaster” as they contribute to continuing poverty in Côte d’Ivoire, court documents say. The widespread use of child slavery is also credited by the plaintiffs for causing “long-lasting mental and physical trauma”.
The case documentation states that the defendants are responsible for the development of the entire cocoa production system in Côte d’Ivoire. As key participants in this “venture”, it is claimed that they knew or should have known about the “systematic” use of child labor.
The case is being brought under the 2017 Reauthorization of Protection of Trafficking Victims Act. The IRA is currently involved in a separate complaint filed under the Foreign Civil Crime Statute against Nestlé and Cargill.
In a statement, Cargill said: “We are aware of the process and although we cannot comment on the details of this case right now, [the company wants] to reinforce, we have no tolerance for child labor in cocoa production. Children must go to school. They deserve safe living conditions and access to good nutrition. “
Nestlé said that the action “does not promote the common goal of ending child labor in the cocoa industry” and added: “Child labor is unacceptable and goes against everything we stand for. Nestlé has explicit policies against this and is unwavering in our dedication to ending this. We remain committed to combating child labor in the cocoa supply chain and addressing its root causes as part of the Nestlé Cocoa Plan and through collaborative efforts.
In response to news of the lawsuit, a Mars spokesman said: “We do not comment on any possible litigation pending.”
Mondelēz said he did not want to comment.
Barry Callebaut said he pledged to eradicate child labor from his supply chain by 2025. “Every year, we publish the progress we have made against that goal in our Forever Chocolate progress report,” he said.
An Olam spokesman said the company has a zero tolerance policy for forced or bonded labor in its supply chain. “If we identified any instance, we would take immediate action, which includes notifying the competent authorities,” they said.
Hershey was approached for comment.