The HARKIN–ENGEL PROTOCOL, sometimes referred to as the COCOA
PROTOCOL, is an international agreement aimed at ending the worst
forms of child labor (according to the International Labour
Organization 's Convention 182 ) and forced labor (according to ILO
Convention 29 ) in the production of cocoa , the main ingredient in
chocolate . The protocol was negotiated by U.S. Senator
* 1 Background * 2 Protocol and 2001 Joint Statement * 3 2005 progress and Joint Statement * 4 2008 progress and Joint Statement * 5 2010 Joint Declaration and Framework of Action * 6 2011 status update * 7 Criticism * 8 Notes * 9 References * 10 Bibliography * 11 External links
In late 2000 a BBC documentary reported the use of enslaved children in the production of cocoa —the main ingredient in chocolate — in West Africa . Other media followed by reporting widespread child slavery and child trafficking in the production of cocoa. The cocoa industry was accused of profiting from child slavery and trafficking. The European Cocoa Association dismissed these accusations as "false and excessive" and the industry said the reports were not representative of all areas. Later the industry acknowledged the working conditions for children were unsatisfactory and children's rights were sometimes violated and acknowledged the claims could not be ignored.
In 2001, US Representative
PROTOCOL AND 2001 JOINT STATEMENT
* Public statement of the need for and terms of an action plan—The cocoa industry acknowledged the problem of forced child labor and will commit "significant resources" to address the problem. * Formation of multi-sectoral advisory groups—By 1 October 2001, an advisory group will be formed to research labor practices. By 1 December 2001, industry will form an advisory group and formulate appropriate remedies to address the worst forms of child labor. * Signed joint statement on child labor to be witnessed at the ILO—By 1 December 2001, a statement must be made recognizing the need to end the worst forms of child labor and identify developmental alternatives for the children removed from labor. * Memorandum of cooperation—By 1 May 2002, Establish a joint action program of research, information exchange, and action to enforce standards to eliminate the worst forms of child labor. Establish a monitor and compliance with the standards. * Establish a joint foundation—By 1 July 2002, industry will form a foundation to oversee efforts to eliminate the worst forms of child labor. It will perform field projects and be a clearinghouse on best practices. * Building toward credible standards—By 1 July 2005, the industry will develop and implement industry-wide standards of public certification that cocoa has been grown without any of the worst forms of child labor.
A 2001 Joint Statement extended the protocol to also identify and eliminate forced labor (defined according to ILO Convention 29 ) in the production of cocoa.
The protocol laid out a non-binding agreement for the cocoa industry to regulate itself without any legal implications, but Engel threatened to reintroduce legislation if the deadlines were not met. This agreement was the one of the first times an American industry was subjected to self-regulation and one of the first times self-regulation was used to address an international human rights issue.
2005 PROGRESS AND JOINT STATEMENT
By July 2005—the deadline date—the cocoa industry made progress on their goal to eliminate the worst forms of child labor. Most of the requirements were achieved by the deadline. Before the protocol was signed, the cocoa industry acknowledged the problem of forced child labor to address part of Article 1. A Joint Statement was made in 2001 to address part of Article 3. The INTERNATIONAL COCOA INITIATIVE (ICI) was established in 2002 to address part of Article 5. Through the ICI, $3 million was spent on pilot projects. The International Institute of Tropical Agriculture (IITA) was assigned to survey West Africans about children in cocoa production. Pilot projects were formed to monitor child labor. In 2004, the cocoa industry created and funded Verification Working Group. The funding was discontinued in 2006, but another company was contracted to perform verification in 2007.
But all the protocol requirements were not met by the deadline. The cocoa industry failed to create and implement an industry-wide certification standard to indicate that cocoa had not been produced with the worst forms of child labor. The chocolate companies were criticized for executing the protocol at the smallest cost, remaining mostly hands-off in the process without changing the process, and maintaining a business model dependent on child labor. More importantly, they did not alter the price of chocolate to enable the cocoa producers to end the practice of slavery. One of the major obstacles to executing the protocol was the Ivorian Civil War . Along with diamonds and timber , cocoa was a conflict resource that made money for the militants.
By July 2005 the extent of child involvement in cocoa production was unclear. It was also unclear if the cocoa industry's efforts were helping the problem. On 1 July 2005, all the parties agreed to an extension of the protocol through a Joint Statement. The 2005 Joint Statement gave the cocoa industry three more years to implement the protocol. The Joint Statement stated industry would form a certification system for half of the growing regions in Côte d’Ivoire and Ghana. The Joint Statement also stated industry would support programs for the local cocoa-growing communities including teacher training programs.
After the deadline passed, the
International Labor Rights Fund filed
a lawsuit in 2005 under the
Alien Tort Claims Act against
2008 PROGRESS AND JOINT STATEMENT
By the revised deadline—1 June 2008—all the objectives were still
not met. Some progress had been made; for example, the cocoa industry
had provided $10 million to the ICI. In 2006–07 the ICI had 17
training sessions in
Côte d’Ivoire and 23 in
All parties reaffirmed their commitment to eliminate the worst forms
of child labor. The cocoa industry committed to work with the
Côte d’Ivoire and
In 2009, cocoa from
Côte d’Ivoire and
In 2009 the Department of Labor awarded a second, $1.2 million contract to the Payson Center to continue the oversight through 2011.
2010 JOINT DECLARATION AND FRAMEWORK OF ACTION
The 2010 Joint Declaration summarized the pledge of the
To achieve the goals, the governments of
Côte d’Ivoire and Ghana
must fund and conduct child labor surveys, provide remediation for
children removed from the worst forms of child labor, prevent children
from becoming involved in the worst forms of child labor, enforce laws
to protect the children from the worst forms of child labor, and
develop the infrastructure of the cocoa growing regions. The
responsibility of the cocoa and chocolate industries is to continue to
support the child labor surveys, support remediation efforts, provide
sustainable livelihoods for the households of cocoa growers, try to
ensure cocoa supply chains are using safe practices. The industries
will commit $7 million over the next five years with the possibility
of $3 million more for remediation activities. The responsibility of
US Department of Labor
2011 STATUS UPDATE
Household surveys and governmental research in
Côte d’Ivoire and
Between 2001 and 2009, several thousand children were involved in remediation activities including in each country. These activities include withdrawal, rehabilitation, reinsertion, education and vocational training and these efforts were attributed to funding related to the Harkin–Engel Protocol. Less than 5% of all children were exposed to activities related to the protocol.
In 2011, the Payson Center reported the cocoa industry has not fully
completed any of the six articles. Industry had not completed the 2005
Joint Statement commitment of certification for 50% of the growing
areas in the two countries, much less the 2008 Joint Statement
commitment of remediation activities in 100% of the growing areas.
Côte d’Ivoire had only achieved remediation in 3.8% and
The cocoa industry still has to prove it can self-regulate. The Payson Center recommended the industry create a certification system that can assure consumers the worst forms of child labor are not used in production, create an independent verification of that certification system, implement child labor monitoring systems, and increase remediation activities to address the worst forms of child labor.
In 2001, the Child Labor Coalition, a collection of advocacy groups
focusing on child labor issues in the US and worldwide, criticized the
protocol for only addressing
Côte d’Ivoire and Ghana. It suggested
extending the protocol to the whole world, because exploitative
practices were also reported in the cocoa industries in
In 2011, ten years after implementation, it was unclear if the protocol had any effect in reducing child labor. One Payson Center researcher claimed few of the protocol commitments have been implemented, but the ICI claimed five of the six articles have been completed and they are actively working on the sixth.
In 2012, Miki Mistrati (da), creator of the award-winning
documentary, The Dark Side of
A The protocol is formally called "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." B It has also been reported that this vote was 107–76, but the final Payson report has the result as 291–115.
* ^ Prue Bentley (12 April 2012). "Cocoa shortage to push up
chocolate price". ABC Ballarat. Retrieved 28 April 2012.
* ^ "Combating Child Labour in Cocoa Growing" (PDF). International
Labour Organization . 2005. Retrieved 26 April 2012.
* ^ Wolfe and Shazzie, p. 98
Humphrey Hawksley (12 April 2001). "Mali\'s children in
chocolate slavery". BBC News. Retrieved 2 January 2010.
Humphrey Hawksley (4 May 2001). "Ivory Coast accuses chocolate
companies". BBC News. Retrieved 4 August 2010.
* ^ Sudarsan Raghavan & Sumana Chatterjee (24 June 2001). "Slaves
feed world\'s taste for chocolate: Captives common in cocoa farms of
Milwaukee Journal Sentinel
* Payson Center for International Development and Technology Transfer (31 October 2007). "First annual report: Oversight of public and private initiatives to eliminate the worst forms of child labor in the cocoa sector in Cote d-Ivoire and Ghana" (PDF). Tulane University . Archived from the original (PDF) on 19 March 2012. Retrieved 19 April 2012. * Payson Center for International Development and Technology Transfer (30 September 2010). "Fourth Annual Report: Oversight of Public and Private Initiatives to Eliminate the Worst Forms of Child Labor in the Cocoa Sector of Côte d\'Ivoire and Ghana" (PDF). Tulane University. Archived from the original (PDF) on 19 March 2012. Retrieved 23 April 2012. * Payson Center for International Development and Technology Transfer (31 March 2011). "Oversight of Public and Private Initiatives to Eliminate the Worst Forms of Child Labor in the Cocoa Sector of Côte d\'Ivoire and Ghana" (PDF). Tulane University. Archived from the original (PDF) on 12 April 2012. Retrieved 26 April 2012. * David Wolfe & Shazzie (2005). Naked Chocolate: The Astonishing Truth about the World\'s Greatest Food. North Atlantic Books. ISBN 1556437315 . Retrieved 15 December 2011.
* Senator Harkin\'s web site on the Protocol. * Critique of the Cocoa Protocol by the International