Approaches to Reducing the Use of Forced or Child Labor: Summary of a Workshop on Assessing Practice

John Sislin and Kara Murphy, Rapporteurs

Policy and Global Affairs

NATIONAL RESEARCH COUNCIL OF THE NATIONAL ACADEMIES

THE NATIONAL ACADEMIES PRESS

Washington, D.C.
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Approaches to Reducing the Use of Forced or Child Labor: Summary of a Workshop on Assessing Practice John Sislin and Kara Murphy, Rapporteurs Policy and Global Affairs THE NATIONAL ACADEMIES PRESS Washington, D.C. www.nap.edu

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THE NATIONAL ACADEMIES PRESS 500 Fifth Street, N.W. Washington, D.C. 20001 NOTICE: The project that is the subject of this report was approved by the Governing Board of the National Research Council, whose members are drawn from the councils of the National Academy of Sciences, the National Academy of Engineering, and the Institute of Medicine. The members of the committee responsible for the report were chosen for their special competences and with regard for appropriate balance. This project was supported by the U.S. Department of Labor, Bureau of International Labor Affairs. Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the organizations or agencies that provided support for the project. International Standard Book Number-13: 978-0-309-14528-2 International Standard Book Number -10: 0-309-14528-7 Additional copies of this report are available from the National Academies Press, 500 Fifth Street, N.W., Lockbox 285, Washington, D.C. 20055; (800) 624-6242 or (202) 334-3313 (in the Washington metropolitan area); Internet, http://www.nap.edu Suggested citation: National Research Council. 2009. Approaches to Reducing the Use of Forced or Child Labor. Washington, D.C.: The National Academies Press. Copyright 2009 by the National Academy of Sciences. All rights reserved. Printed in the United States of America.

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The National Academy of Sciences is a private, nonprofit, self-perpetuating society of distinguished scholars engaged in scientific and engineering research, dedicated to the furtherance of science and technology and to their use for the general welfare. Upon the authority of the charter granted to it by the Congress in 1863, the Academy has a mandate that requires it to advise the federal government on scientific and technical matters. Dr. Ralph J. Cicerone is president of the National Academy of Sciences. The National Academy of Engineering was established in 1964, under the charter of the National Academy of Sciences, as a parallel organization of outstanding engineers. It is autonomous in its administration and in the selection of its members, sharing with the National Academy of Sciences the responsibility for advising the federal government. The National Academy of Engineering also sponsors engineering programs aimed at meeting national needs, encourages education and research, and recognizes the superior achievements of engineers. Dr. Charles M. Vest is president of the National Academy of Engineering. The Institute of Medicine was established in 1970 by the National Academy of Sciences to secure the services of eminent members of appropriate professions in the examination of policy matters pertaining to the health of the public. The Institute acts under the responsibility given to the National Academy of Sciences by its congressional charter to be an adviser to the federal government and, upon its own initiative, to identify issues of medical care, research, and education. Dr. Harvey V. Fineberg is president of the Institute of Medicine. The National Research Council was organized by the National Academy of Sciences in 1916 to associate the broad community of science and technology with the Academy’s purposes of furthering knowledge and advising the federal government. Functioning in accordance with general policies determined by the Academy, the Council has become the principal operating agency of both the National Academy of Sciences and the National Academy of Engineering in providing services to the government, the public, and the scientific and engineering communities. The Council is administered jointly by both Academies and the Institute of Medicine. Dr. Ralph J. Cicerone and Dr. Charles M. Vest are chair and vice chair, respectively, of the National Research Council. www.national-academies.org

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Planning Committee for a Workshop on Approaches to Reducing the Use of Forced or Child Labor Susan Berkowitz, Chair, Senior Study Director, Westat Kevin Bales, Cofounder and President, Free the Slaves Donna E. Chung, Trade and Labor Compliance Advisor, Sandler, Travis & Rosenberg P.A. Eric Edmonds, Associate Professor of Economics, Department of Economics, Dartmouth College Adam B. Greene, Vice President, Labor Affairs & Corporate Responsibility, U.S. Council for International Business Beryl Levinger, Distinguished Professor of Nonprofit Management, Monterey Institute of International Studies Dan Viederman, Executive Director, Verité Staff Peter Henderson, Board Director John Sislin, Program Officer Kara Murphy, Research Associate Sabrina Hall, Program Associate v

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PREFACE In response to provisions of the Trafficking Victims Protection and Reauthorization Act (TVPRA), the U.S Department of Labor’s Bureau of International Labor Affairs contracted with the National Research Council (NRC) to organize a two-day workshop on a framework for assessing practices designed to reduce the use of child and forced labor in supply chains that produce goods imported into the United States. To carry out this task, the NRC appointed a planning committee that was charged with developing a draft framework for assessing practice that would be presented and discussed at the workshop which would be summarized in a final report. The workshop and the draft documents presented at it by the committee were not seen as in any way comprehensive or final products of the committee or of the NRC but rather as a way to start a conversation that would be helpful to DOL in its work. The committee understood that the DOL was beginning a process of producing a compendium and that this workshop was only an initial step, and one of many, that DOL would take in collecting information and organizing the compendium. The committee intended the workshop and this summary report to fit into that broader effort by the DOL, rather than offer any final conclusions or pronouncements. Indeed, during the course of the workshop, ILAB staff stressed that the workshop was only one step in a longer process, with multiple opportunities for stakeholder involvement. Dr. Charita Castro noted that once the workshop summary was received from the NRC, ILAB would review the material that emerges from the workshop and then solicit additional feedback on the framework and further examples of practice. Moreover, ILAB would provide additional opportunities for input from the business community, NGO counterparts and the broader public. This summary report of the workshop has been prepared by the rapporteurs as a factual summary of what occurred at the workshop, supplemented by resource material. The planning committee’s role was limited to planning and convening the workshop. The statements made are those of the rapporteurs or individual workshop participants and do not necessarily represent the views of all workshop participants, the planning committee, or the National Academies. This report has been reviewed in draft form by individuals chosen for their diverse perspectives and technical expertise, in accordance with procedures approved by the National Research Council’s Report Review Committee. The purpose of this independent review is to provide candid and critical comments that will assist the institution in making its published report as sound as possible and to ensure that the report meets institutional standards for objectivity, evidence, and responsiveness to the study charge. The review comments and draft manuscript remain confidential to protect the integrity of the process. vii

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We wish to thank the following individuals for their review of this report: Chisara Ehiemere, Transfair USA; Adam Greene, U.S. Council for International Business; Ted Moran, Georgetown University; Roger Plant, International Labour Organisation, Switzerland; and Edward Potter, Coca-Cola Company. Although the reviewers listed above have provided many constructive comments and suggestions, they were not asked to endorse the content of the report, nor did they see the final draft of the report before its release. The review of this report was overseen by Mary Clutter, National Science Foundation (Retired). Appointed by the National Academies, she was responsible for making certain that an independent examination of this report was carried out in accordance with institutional procedures and that all review comments were carefully considered. Responsibility for the final content of this report rests entirely with the authors and the institution. viii

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CONTENTS 1. Introduction 1 Scope of Child and Forced Labor, 1 Legislative Context, 4 Planning the Workshop, 5 2. Scope of the Workshop 9 Introductory Remarks, 9 Sponsor Perspectives, 10 Discussion, 15 3. Assessing the Context of Child and Forced Labor 19 Problem Identification, 19 Sectors, 21 Actors, 23 Supply Chains, 23 Partnerships, 25 Tools, 27 Key Questions, 29 Additional Comments, 29 4. Illustrative Business Practices 31 Introduction, 31 The Cocoa Sector, 31 The Cocoa Industry Certification Program, 34 The Sustainable Tree Crops Program, 35 The International Cocoa Initiative, 36 Target, 37 Levi Strauss and Company, 38 Fair Labor Association, 43 Winrock International, 44 International Labor Rights Forum, 47 International Labor Organization, 47 5. Criteria 55 Comments on the Criteria, 58 General Comments, 58 Specific Comments on Individual Criteria, 62 6. Wrap-up 65 Appendixes ix

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A. Committee member biographies 71 B. Workshop agenda 74 C. Speaker biographies 77 D. Participants list 82 E. Definitions of Child and Forced Labor 84 F. Illustrative Examples of CSR Practices 91 G. Submissions by presenters and/or audience members 108 H. Submissions following the Workshop 121 Boxes 1-1 Definition of Child Labor, 2 1-2 Definition of Forced Labor, 3 4-1 Levi Strauss & Co. Global Sourcing and Operating Guidelines, 40 5-1 ILO Good Practices, 56 5-2 Criteria for Assessing Practices: Draft Proposed at Workshop to Facilitate Discussion, 57 Figures 2-1 Organization of the Bureau of International Labor Affairs at the U.S. Department of Labor, 10 3-1 Perspectives: Forced and Child Labor, 20 3-2 Defining the Challenge/Context in West African Cocoa Production, 22 3-3 Soccer Ball Production and Distribution, 24 3-4 Cocoa Supply Chains in Cote d’Ivoire and Ghana, 25 3-5 Soya Supply Chain in Brazil, 26 4-1 Cocoa Sector Country Certification Model, 34 x