Child welfare proponents have initiated a federal legal action, submitting a lawsuit that seeks a court order compelling the Biden administration to restrict the entry of cocoa produced by children in West Africa. This cocoa, which finds its way into the United States' most beloved chocolate confections and candies, has raised concerns among these advocates.
On Tuesday, child welfare advocates submitted a federal lawsuit, urging a judge to compel the Biden administration to halt the importation of cocoa harvested by children in West Africa. This cocoa has the potential to find its way into some of the most beloved chocolate desserts and candies across the United States.
The lawsuit, filed by International Rights Advocates, aims to prompt the federal government to enforce a federal law from the 1930s that mandates the prohibition of products originating from child labor from being brought into the United States.
The nonprofit organization initiated this legal action due to alleged negligence by Customs and Border Protection and the Department of Homeland Security, who, according to the group, have disregarded substantial evidence highlighting instances of children being involved in the cultivation of cocoa intended for prominent U.S. candy manufacturers, including Hershey, Mars, Nestle, and Cargill.
The leading chocolate corporations committed to eradicating their dependence on child labor for cocoa harvesting by 2005. Presently, they have announced their intention to eradicate the most egregious forms of child labor within their supply chains by 2025.
"They won't take action unless compelled to do so," commented Terry Collingsworth, Executive Director of International Rights Advocates. He emphasized that the U.S. government possesses the authority to terminate this significant maltreatment of African children through the enforcement of existing legislation.
Representatives from CBP (Customs and Border Protection) refrained from offering a statement regarding the lawsuit, which has been submitted to the U.S. Court of International Trade. In response to inquiries related to cocoa cultivated through child labor, the federal agency indicated that it was "unable to provide additional information or divulge plans pertaining to actions against forced labor, due to the safeguarding of law enforcement-sensitive and business-confidential details."
Child labor-driven cocoa cultivation in Cote d'Ivoire, commonly referred to as the Ivory Coast, and its neighboring country Ghana, is not a novel occurrence. Over the past twenty years, human rights advocates, scholars, media outlets, and even federal entities have all shed light on the predicament of children employed in cocoa plantations within these West African nations. Together, these countries contribute approximately 70% of the global cocoa output.
A study conducted in 2019 by the University of Chicago, commissioned by the U.S. government, revealed that in Ivory Coast, around 790,000 children, with some as young as 5 years old, were engaged in labor on cocoa plantations. A similar scenario was observed in neighboring Ghana, according to the researchers' findings.
The United States government has long acknowledged the prevalent issue of child labor in the Ivory Coast. In 2021, the Department of Labor highlighted that "children in Côte d'Ivoire are subjected to the worst forms of child labor, including in the harvesting of cocoa and coffee."
According to a recent report from the State Department, agriculture companies operating in the Ivory Coast extensively employ child labor in the production of various commodities, including cocoa. The department stated this year that human traffickers "exploit Ivoirian boys and boys from West African countries, particularly Burkina Faso, in forced labor within the agricultural sector, especially in cocoa production."
In an effort to compel companies to cease using cocoa harvested through child labor, International Rights Advocates has initiated legal action against some of the world's largest chocolate corporations for their involvement in utilizing child labor for cocoa bean harvesting. While the organization suffered a loss in a case before the Supreme Court in 2021, several other cases are currently awaiting resolution.
Under pressure from lawmakers and advocates, major chocolate manufacturers pledged in 2001 to discontinue the procurement of cocoa produced through child labor. However, industry experts and officials state that this objective has not been realized.
"These companies kept asserting, 'We can't trace it back.' That's not valid," stated former Senator Tom Harkin, who spearheaded legislative efforts to reform the industry. Eventually, a protocol was agreed upon that allows corporations to self-regulate. "They simply won't take action because it will incur costs," Harkin added.
Harkin emphasized that many Americans are unaware that the treats they offer to their children are connected to child exploitation. He noted, "It's not just the chocolate you consume, it's the chocolate syrup on your ice cream, the cocoa in your beverage, and the chocolate chip cookies you bake."
The World Cocoa Foundation, which represents major cocoa companies, affirmed its dedication to "enhancing the livelihoods of cocoa farmers and their communities."
A representative from Hershey stated that the company "does not condone child labor within our supply chain." Cargill, Nestle, and Mars did not respond to requests for comments. On their respective websites, they all outline their efforts to eliminate child labor in cocoa plantations.
Officials from Ivory Coast have asserted their commitment to combating child labor, but they emphasize that prohibiting the importation of the nation's cocoa would severely impact the country's economy.
"We do not intend to render the entire nation unemployed," stated Collingsworth, the labor advocate responsible for bringing forth the lawsuit. "Our aim is to replace children with adults in cocoa plantations."
While in Ivory Coast investigating working conditions, Collingsworth observed children engaged in chopping brush and harvesting cocoa. He documented these activities through photos and videos taken on his phone. He also visited a nearby processing facility where he captured images of burlap sacks bearing labels of U.S. companies.
In 2020, International Rights Advocates submitted a 24-page petition to the CBP, urging them to prohibit the import of cocoa. The petition included what the organization claimed were photographic and other forms of evidence that illustrated how the implicated companies were violating the law.
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