EFFICACY OF THE FAIRTRADE
LABEL
“Covenants without swords are but words, and of no strength to secure a man at all”. (Hobbes, 1651, p. 85)
Master thesis, MA. International Relations, specialisation International Political Economy
University of Groningen, Faculty of Arts
July 1st, 2016 GABI WALS Studentnumber: 1856642 Buwitsacker 20 1902 AM Castricum Tel: 0031 (0)6 83 36 03 07
Supervisor/International Political Economy/University of Groningen
2 DECLARATION BY CANDIDATE
I hereby declare that this thesis, “Efficacy of the Fairtrade Label”, is my own work and my own effort and that it has not been accepted anywhere else for the award of any other degree or diploma. Where sources of information have been used, they have been acknowledged.
Name: Gabi Wals
Signature:
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TABLE OF CONTENT
ABBREVIATIONS 8
1. INTRODUCTION 9
1.1 Background Information 9
1.2 Statement of the Problem 9
1.3 Significance of the Study 10
1.4 Purpose of the Study 10
1.5 Methodology of the Study 10
1.6 Structure of the study 11
2. THEORETICAL FRAMEWORK 12
2.1 Shift in Consumer Awareness 12
2.2 The Fairtrade Certification 12
2.2.1 The Organisation of the Fairtrade Certification 14 2.2.2 The Fairtrade Minimum and Premium Prices 15
2.3 Child Labour 16
2.4 The Efficacies of Private Authority Certification Regimes 16 2.5 The Importance of Monitoring and Sanctioning Mechanisms 17
2.6 Conceptual Model 18
3. THE INTERNATIONAL LEGAL FRAMEWORK ON THE
EFFECTIVE ELIMINATION OF CHILD LABOUR 19
3.1 What is Child Labour? 19
3.2 What is Effective Elimination? 20
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3.3.1 United Nations Convention on the Rights of the Child 21 3.3.2ILO Convention No. 138 – Minimum Age of Employment 22 3.3.3ILO Convention No. 182 – Worst Forms of Child Labour 23
3.4 Conclusion 25
4. THE FAIRTRADE STANDARDS ON THE EFFECTIVE
ELIMINATION OF CHILD LABOUR 26
4.1 What is Child Labour? 26
4.2 What is Effective Elimination of Child Labour? 27 4.3. How is the Effective Elimination incorporated in the
Fairtrade Certification? 27
4.4 Conclusion 29
5. THE FAIRTRADE ENFORCEMENT ON THE EFFECTIVE
ELIMINATION OF CHILD LABOUR 30
5.1 What is Enforcement? 30
5.2 How are Enforcement Mechanisms incorporated into the
Fairtrade Certification? 30
5.2.1 Reactive Enforcement Mechanisms 30
5.2.2 Proactive Enforcement Mechanisms 32
5.3 Conclusion 32
6. THE NATIONAL LEGAL FRAMEWORK ON THE EFFECTIVE
ELIMINATION OF CHILD LABOUR 33
CASE STUDY GHANA 33
6.1 The Republic of Ghana 33
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6.3 The National Legal Framework 35
6.3.1 International Legislations translated into National Laws 35
6.3.2 Right on Education 36
6.3.3 Additional Public Initiatives 38
6.3.4 Harkin-Engel Protocol 38
6.4 Enforcement of the National Legal Framework 39
6.5 Conclusion 39
7. THE NATIONAL LEGAL FRAMEWORK ON THE EFFECTIVE
ELIMINATION OF CHILD LABOUR 41
CASE STUDY CÔTE D’IVOIRE 41
7.1 Republic o f Côte d’Ivoire 41
7.2 The Cocoa Sector 42
7.3 National Legal Framework 42
7.3.1 International Legislations translated into National Law 43
7.3.2 Right on Education 43
7.3.3 Additional Public Initiatives 44
7.3.4 Harkin-Engel Protocol 44
7.4 Enforcement of the National Legal Framework 45
7.5 Conclusion 45
8 ANALYSING THE VALUE OF THE FAIRTRADE CERTIFICATION 47
8.1 Core and Major Requirements 47
8.2 Developmental Requirements 49
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8.4 Countries Case Study Implications 52
8.5 Fairtrade Certification leading to Alternative Ways to Eliminate
Child Labour 52
9 THE FAIRTRADE CERTIFICATION AS A PUBLIC POLICY
INSTRUMENT 54
10. CONCLUSION 56
11. LIMITATIONS AND FURTHER RESEARCH 59
REFERENCES 60
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ABBREVIATIONS
ACRWC African Charter on the Rights and Welfare of the Child CRC United Nations Committee on the Rights of the Child
FLO Fairtrade Labelling Organisation
GDP Gross Domestic Product
GLSS-6 Ghana Living Standards Survey Round 6
ICS Internal Control System
ILO International Labour Organisation
IPEC International Programme on the Elimination of Child Labour
NGO Non-Governmental Organisation
NPA National Plan of Action
OHCHR Office of the High Commissioner Human Rights
PB Promoting Body
UN United Nations
UNCRC United Nations Convention on the Rights of the Child
UNGC United Nations Global Compact
WFTO World Fair Trade Organisation
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1. INTRODUCTION 1.1 Background Information
Despite the attention over the years, children between the age of five and fourteen are still working as child labourers in the agricultural sector; exposed to hazardous working conditions to produce cotton, bananas, tobacco, coffee or cocoa (ILO, 2016a). Estimates have shown that, worldwide over 98 million children are in child labour, and that many of them do not receive proper care or nutrition, attend any form of education and have little or no time to play (ILO, 2016a; 2016b). Child labour is a major problem within the cocoa sector, especially in countries as Ghana and Côte d’Ivoire (Global Exchange, 2005).
Many child labourers work for the production of cocoa export managed by or directly sourced to multinational corporations in developed markets (Global Exchange, 2005). These corporations are able to influence demand and supply to determine the market price in their favour (Global Exchange, 2005). Meanwhile, cocoa farmers receive a very low price for their product; forcing them to produce at the lowest possible cost. This leads to the situation, where adult workers are replaced by children, as children are able to provide the same labour for a much lower price (Global Exchange; Off, 2006). Basically, these low prices are forcing cocoa farmers to live in conditions of extreme poverty; the same poverty that stands at the root of child labour (Global Exchange, 2005).
As a response to these practices, the Fairtrade Labelling Organisation (FLO) offers farmers the opportunity to produce under Fairtrade certification. By doing so, they allow farmers to earn a stable income to cover their basic needs, labour and production costs (FLO, 2016a). Simultaneously, the FLO request certified farmers and their organisations to comply to the principles of Fairtrade; that refers to standards of socially desired behaviour, as the elimination of child labour (FLO, 2016a). In specific, the certification is reversing the ill effects of free trade, while eliminating social problems (Global Exchange, 2005; Off, 2006).
1.2 Statement of the Problem
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1.3 Significance of the Study
The outcome of this study can contribute to a theoretical and practical level. First, on a theoretical level, the outcome can give academics more understanding in the conditions that shape the efficacy of a certification organisation as public policy instrument. Second, on a practical level, the same outcome can give practitioners suggestions to improve the institutional design of the Fairtrade certification to eliminate child labour more effective.
1.4 Purpose of the Study
This study will examine the efficacy of the Fairtrade certification to eliminate child labour through a country case study of the cocoa sector in Ghana and Côte d’Ivoire. The efficacy of the Fairtrade certification in both countries is interesting to investigate, due to their high prevalence of child labour and their different political climates (Tulane University, 2011).
For the purpose of this study, the international legal framework on the elimination of child labour will be used as a benchmark to analyze the institutional design of the Fairtrade certification and its respective standards and enforcement mechanisms. Furthermore, the country case studies will discuss the national legal frameworks on the elimination of child labour, with the aim to increase an understanding in the conditions that influence the efficacy of the Fairtrade certification to eliminate child labour. By comparing both countries, the extra-legal value of the Fairtrade certification is analyzed; and thereby its use as public policy instrument will be assessed. Last, the outcomes of this study will discuss to what extent the Fairtrade certification can be considered as an effective measure to eliminate child labour, and suggestions to improve its efficacy will be provided. Furthermore, this study concludes with recommendations for further research.
1.5 Methodology of the Study
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1.6 Structure of the Study
In the first chapter, the relevant literature is discussed to define a research framework. Furthermore, the first chapter proposes a theoretical model to assess the efficacy of the Fairtrade certification. The second chapter explains the international framework on the elimination of child labour. Subsequently, the third and fourth chapter explain the institutional design of the Fairtrade certification through discussing its respective standards and enforcement mechanisms. Furthermore, the fifth and sixth chapter present the two country cases studies by analyzing their national legal framework on the elimination of child labour. Then, the seventh chapter discusses the extra-legal value of the Fairtrade certification followed by an analysis of the Fairtrade certification as public policy instrument. Finally, the last chapter discusses the Fairtrade certification’s efficacy on the elimination of child labour and it proposes suggestions for further research.
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2. THEORETICAL FRAMEWORK 2.1 Shift in Consumer Awareness
Previously, consumers were less interested in the whereabouts of their food; they did not want to know where their food came from, nor what the impact was on society or the environment (Nicholls & Opal, 2005). However, technology developments and the internet changed this attitude, as consumers were able to find information that made them question the authenticity of what became presented to them in commercial advertisements; consumers demanded to know the truth about their food (Keller, 2013; Nicholls & Opal, 2005; Tallontire et al., 2001; Whysall, 2000). This development has led to the phenomenon of ‘ethical consumerism’ that refers to consumers who make conscious decisions on which products to buy or not to buy based on their ethical values as the environment, labour standards or human rights (Burke & Berry, 1974; Nicholls, 2002; Strong, 1996; Tallontire et al., 2001). For instance, consumers started to demand products that comply with human rights. As a result, many (multinational) corporations have adopted ethical practices in their business operations to respond to this major shift in consumer’s attitude (Nicholls, 2002).
2.2 The Fairtrade Certification
The shift in consumer’s attitude also led to the early foundation of the Fairtrade certification; which found its origin in the coffee market (Ryan, 2011). In 1985, due to the collapse of the International Coffee Agreement, there were no more limits on how much coffee an individual country could export (Ryan, 2011). While the coffee output rose; the coffee price plunged (Ryan, 2011). The coffee industry was narrated to the free market; and coffee farmers were struggling to make a living.
Luckily, the struggle caught the attention of two Dutch entrepreneurs named Nico Roozen and Frans van der Hoff, who decided to help these affected coffee farmers (Max Havelaar, 2016a; Ryan, 2011). Their idea was to buy and sell coffee at a ‘fair’ price; which became sold under a certified logo of Max Havelaar, referring to the ill-treatment of Indonesian coffee farmers in the Dutch colonial history (Max Havelaar, 2016a; Ryan, 2011). Only a few months after its introduction, the coffee of Max Havelaar had been able to gain a market share of 2 to 3 percent in the Dutch coffee market (Max Havelaar, 2016a; Ryan, 2011). The fast pace of success revealed a consumer demand for ‘fair trade’ coffee; and the concept quickly expanded to other suitable industries; as the chocolate industry (Max Havelaar, 2016a; Ryan, 2011).
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increased so much, that this resulted in a lot of un-clarity on the definition and its respective operations (Ryan, 2011). This un-clarity became the foundation of the Fairtrade International Organisation. Their objective was to define and create an universal definition with policies and practices around the concept of ‘fair trade’ (Ryan, 2011). Unfortunately, it did not lead to one universal definition, but to two different concepts; both similar and distinct: Fair Trade and Fairtrade. The first concept, ‘Fair Trade’ can be defined as:
“a trading partnership, based on dialogue, transparency and respect, that seeks greater equity in international trade. It contributes to sustainable development by offering better trading conditions to, and securing the rights of, marginalized producers and workers – especially in the South.
Fair Trade Organisations, backed by consumers, are engaged actively in supporting producers, awareness raising and in campaigning for changes in the rules and practice of conventional international trade” (World Fair Trade Organisation, 2016a).
It refers to the practice of offering a ‘decent price’ to re-equalize the relations of international trade.
The second concept, ‘Fairtrade’ refers to the labelling of Fair Trade products. Especially this concept is relevant for this study. The Fairtrade Labelling Organisation (FLO) is responsible for the labelling of Fair Trade products. Their organisation is offering ‘fair’ prices to farmers and producers, while demanding (future) member organisations to comply with the Fairtrade principles developed by the World Fair Trade Organisation (WFTO) (World Fair Trade Organisation, 2016b). These Fairtrade principles have led to the ten standards of Fair Trade:
“1. Creating opportunities for economically disadvantages producers; 2. Transparency and accountability;
3. Fair trading practices; 4. Payment of a fair price;
5. Ensuring no child labour and forced labour;
6. Commitment to non discrimination, gender equity and women’s economic empowerment, and freedom of association;
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9. Promoting fair trade;
10. Respect for the environment” (World Fair Trade Organisation, 2016b).
As this research is focused on child labour; only the items on child labour within the fifth principle will be discussed.
2.2.1 The Organisation of the Fairtrade Certification
The Fairtrade certification is organised along a value chain of Fairtrade stakeholders. At the beginning of this value chain are the producer organisations, such as the farmers and/or producers. Farmers and producers need to organize themselves through democratically ruled and owned cooperatives of farmers and producers, also called producer organisations (Sylla, 2014). The idea behind these cooperatives is that farmers and producers are able to create economies of scale, exchange knowledge and best practices (Sylla, 2014). However, more importantly, these cooperatives are able to decide in collaboration the investments in their communities on education, quality improvements, healthcare, access to clean water or microloans among others with the revenue generated by the Fairtrade certification (Sylla, 2014; Rice, 2013). By investing in their communities, the Fairtrade certification aims to provide a sustainable development for farmers, producers and their respective families (Rice, 2013).
The figure below represents the Fairtrade organisation value chain from its beginning tills its end; from the certified producer organisation till the moment that the product has reached its consumer. The system is based on the willingness of every stakeholder to pay a little bit more than normal, purely on the premise that the product is in compliance to the standards of the Fairtrade certification (Sylla, 2014). However, as this study is focussed on the use of child labour on cocoa farms, the focus in this study is only on certified producer organisations.
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In order to become certified, the producer organisation is checked on its compliance to the Fairtrade standards by the official independent auditor of the FLO, named the FLO-cert (FLO, 2015). The FLO-cert checks the compliance in accordance to the ISO-65 standards, that specifies requirements for a product certification system by a third-party auditor; namely “1. the existence of a quality management system; 2. transparent processes; 3. an independent certification body” (Sylla, 2014, p.46). Once the FLO-cert has considered the producer organisation in compliance to the Fairtrade standards, then the producer organisation has been given the right to operate under certification.
2.2.2 The Fairtrade Minimum and Premium Prices
After the positive verdict of compliance, the producer organisation can operate under certification, which means that the producer organisation is able to receive a minimum price for its products while operating under the Fairtrade standards (Sylla, 2014; Rice, 2013). In collaboration with farmers, traders and workers the minimum price is defined, that is based on the average costs of sustainable production (Sylla, 2014; Rice, 2013). It works as follows, if the world price falls under the minimum price, then the producer organisation will receive the agreed minimum price for its product. However, if the world prices rises above the minimum price, then the producer organisation will receive the higher world price (FLO, 2016a; Rice, 2013). In either scenario, the producer organisation is able to benefit from producing under the Fairtrade certification; and by doing so, the producer organisation has the guarantee to sustain their business with financial stability by agreeing to a minimum price (FLO, 2016a; Sylla, 2014). In addition, research has shown that Fairtrade certified producer organisations are receiving higher prices than conventional farmers; due to the guarantee of the minimum price for their products (Dragusanu et al., 2013).
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organisation, the Fairtrade certification is ensuring sustainable development in production, while simultaneously tackling poverty and related social problems as child labour. However, the cooperative is completely free to decide where the money from the premium price will be spend on. It could be used to improve healthcare, education, sanitation or the development of alternative production ways, among others. However, the decision on which project to invest should be made in consensus by a democratic consultation with each of the members of the producer organisation, the cooperative (Sylla, 2014; Rice, 2013).
Thus, by offering a ‘fair’ price in their value chain from stakeholder to stakeholder, the Fairtrade certification is able to diminish the unequal trading relations between countries from the North and the South, while improving the living conditions of famers and producers, and simultaneously tackling social problems as child labour (FLO, 2015).
2.3 Child Labour
Child labour can be defined as “work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development” (ILO, 2016b). However, not all work done by children can be classified as child labour. If children are involved in work related activities, which do not affect their personal development, health or interfere with their education, then it is not considered as child labour (ILO, 2016b). These activities are considered as something positive, as it is believed that it contributes to a child’s development and it can contribute to the welfare of the family, such as learning a traditional handicraft or assisting in the family businesses (ILO, 2016b).
Child labour can take many different forms, but the priority of elimination is on the worst forms of child labour, such as all forms of slavery or practices similar to slavery, the use, procuring or offering of a child for prostitution or illicit activities, including activities that are carried out under circumstances that can harm the development of the child in its health, morals or safety (ILO, 2016b).
2.4 The Efficacies of Private Authority Certification Regimes
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incorporate the standards and regulations defined by the respective regime (Cutler et al., 1999; Prakash & Potoski, 2010). By incorporating the standards and regulations, the regime functions as an instrument to guide behaviour in a socially desired way. This ideology is the same ideology that can be recognized in the Fairtrade certification.
However, what mechanisms are used to guarantee that member organisations continue to behave in accordance to the standards and regulations by the regime? Drawing upon the traditional economic theory of clubs (Buchanan, 1965; Prakash & Potoski, 2006; 2009; Samuelson, 1954), A. Prakash and M. Potoski (2010) have identified several features of the institutional design that are able to predict the efficacy of the regime. The efficacy of a regime is dependent on the incorporation of standards and enforcement mechanisms. First, the standards refer to requirements of membership (Prakash & Potoski, 2010). Members have to comply to a minimum level of standards to apply or continue with their membership. There are two different types of standards: lenient or stringent standards. Whether the regime possess lenient or stringent standards is dependent on the legislation mandated by the government in the respective operating country (Prakash & Potoski, 2010). If the regime demands more than governmental legislations, then the standards are considered as stringent (Prakash & Potoski, 2010). However, if the regime demands less than governmental legislations, then the standards are considered as lenient (Prakash & Potoski, 2010). It can be reasoned that an efficacy regime contributes positively to society; it adds value to society. Then, it can be interpreted that an efficacy regime demands more than governmental legislations from its member organisations, which means that it has stringent standards in its institutional design.
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2.5 The Importance of Monitoring and Sanctioning Mechanisms
Research revealed that the institutional design is an indication of trustworthiness (Hansmann, 1980; Rose-Ackerman, 1996). In order to differentiate efficacy from non-efficacy regimes, external stakeholders focus on accountability measures shaped through monitoring and sanctioning mechanisms (Tremblay-boire et al., 2016; Prakash & Potoski, 2006). This means that monitoring and sanctioning mechanisms are important enforcement mechanisms to increase the accountability; and thereby the trustworthiness of the regime. It can then be reasoned that an efficacy regime has incorporated monitoring and sanctioning mechanisms in its institutional design.
H1: The efficacy of the Fairtrade certification on the elimination of child labour is effective, if the certification has incorporated both stringent standards and enforcement mechanisms, as monitoring and sanctioning in its institutional design.
2.6 Conceptual Model
The following conceptual model represent the research question. The expectation is that the Fairtrade certification is only able to influence the elimination of child labour, if the certification has incorporated an appropriate institutional design with stringent standards and enforcement mechanisms as monitoring and sanctioning. This led to the following conceptual model. Institutional Design Fairtrade Certification Elimination of Child Labour
Stringent Standards Monitoring &
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3 THE INTERNATIONAL LEGAL FRAMEWORK ON THE EFFECTIVE ELIMINATION OF CHILD LABOUR
In order to understand the institutional design of the Fairtrade certification, it is of the utmost importance to understand the international legal framework on the elimination of child labour by analyzing the legislation drafted by the United Nations and the ILO. This chapter will start with an explanation of the ILO definition of child labour followed by their perspective on the effective elimination of child labour. Moreover, an overview of the conventions that collectively define the elimination of child labour will be presented.
3.1 What is Child Labour?
Child labour can be defined as “work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development” (ILO, 2016b). However, it is not possible to classify all work done by children as child labour, as there is a difference between child work and child labour. In specific, child work refers to activities that are allowed and accepted, whereas child labour is illegal and forbidden; and thereby it is meant for elimination. The table below represents the definition of child labour.
Table 2. What is Child Labour?
Child Labour (developed countries)
Child Labour (developing countries)
Age Light work Hazardous work Light work Hazardous work
18 X X 17 X X 16 X X 15 X X 14 X X 13 X X 12 X X X
*X can be interpreted as illegal and forbidden.
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means that the work activities should not be affecting the child’s health or safety, or hinder with his/hers ability to attend or finish their schooling (ILO, 2015). Light work is only allowed if the child has attained at least the age of 13 in developed countries; or the age of 12 in developing countries in accordance with their national legislation (ILO, 2015).
Second, children are allowed to work from the age of 15 in developed countries; if the age of 15 has allowed them to attend and finish their basic level of education (ILO, 2015). In the case of developing countries, the age is defined at 14 (ILO, 2015).
Third, children are not allowed to perform in work activities that are considered as hazardous work; which refers to activities that are carried out under extreme dangerous conditions that can harm the health, safety, development and/or moral of the child (ILO, 2016d). In specific, it means activities that can kill, injure or make the child ill, which is caused through bad working conditions, poor safety regulations and/or the absence of health regulations (ILO, 2016d). The exact interpretation of hazardous work is defined by country and industry, but generally it is assumed that children below the age of 18 should never be involved in hazardous work, neither in developed nor developing countries.
Last, hazardous work falls within the worst forms of child labour and thereby it has received priority for elimination (ILO, 2015). These activities take the form of practices similar to slavery; the use, procuring or offering of a child for prostitution or illicit activities and work which, by its nature or the circumstances that harm the health, safety or morals of the respective child (ILO, 2016b).
3.2 What is Effective Elimination?
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labour, the legislation is then representing the values within society, and thereby it instructs society to disallow child labour in its labour force. Effective elimination can then only find its determination through legislation.
3.3 What is the Effective Elimination of Child Labour?
Three international conventions collectively define the legal international framework on child labour. The first convention is the United Nations Convention on the Rights of the Child (UNCRC), the other two conventions have been defined by the ILO, the ILO Convention No. 138 on the Minimum Age of Employment and the ILO Convention No. 182 on the Worst Forms of Child Labour (ILO, 2016).
3.3.1 United Nations Convention on the Rights of the Child
In 1989, the United Nations defined 42 fundamental rights and freedoms of the child in the United Nations Convention on the Rights of the Child (UNCRC); which since then has been ratified by 195 countries worldwide (OHCHR, 2016). According to the convention, a child is a person below the age of 18, however, unless the national legislation has specified that adulthood is attained earlier in that country (OHCHR, 2016). In specific, the convention refers to the following rights of the child in respect to child labour:
“1. States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development. 2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular:
(a) Provide for a minimum age or minimum ages for admission to employment;
(b) Provide for appropriate regulation of the hours and conditions of employment;
(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article” (UNCRC, 1989, article 32).
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maximum extent of their available resources and, where needed, within the framework of international co-operation” (UNCRC, 1989, article 4). By taken into consideration the different capabilities between countries, every countries is obligated to enforce these rights to the maximum of their capability, and in those cases where a violation has occurred, countries are obligated to assist with the recovery and social integration of the child (UNCRC, 1989, article 39).
Furthermore, in order to ensure ratifying countries continue to remain in compliance, the United Nations Committee on the Rights of the Child (CRC) serves as a monitoring body to review the implementation of the UNCRC (OHCHR, 2016a). Concretely, this means that an independent panel of experts review reports written by the ratifying countries; that provides the CRC with the country’s perspective on their compliance and implementation of the international legal framework on the elimination of child labour (OHCHR, 2016a). Such a review occurs two years after the implementation for the first time, and subsequently the ratifying countries need to issue an update report every five years (OHCHR, 2016a). Based on these reports, the panel of experts provide suggestions and recommendations to further implement the UNCRC into their national legislations (OHCHR, 2016a). Basically, these suggestions and recommendations can be compared to a summary report with best practices to assist countries with their implementation.
Additionally, Non-Governmental Organisations (NGO’s) are invited to submit alternative reports, if these NGO’s believe that the submitted reports by their respective government is misleading or not accurate on their compliance and implementation (OHCHR, 2016a).
3.3.2 ILO Convention No. 138 – Minimum Age of Employment
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minimum age of employment in developed countries, and the minimum age of 14 in developing countries (ILO, 2015). However, in both cases, the minimum age is not less than the age of the child that allows him or her to complete a basic level of education (ILO, 2015). However, a few distinctions should be made in regard to the nature of the work; such as light or hazardous work. The first, light work is allowed by children with the age of 13; or the age of 12 for developing countries. However, if a child becomes an apprentice or undergo a vocational training to learn specific knowledge and/or skills to prepare himself for a future profession, then the minimum age is defined at 14 (ILO, 2004).
The second, minimum age of hazardous work refers to “any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardise the health, safety or morals of young person’s shall not be less than 18 years” (ILO, 1976, Article 3). This means that not only the activities, but also the environment and the circumstances of the work should be taken into consideration when assessing the minimum age for employment. However, the exact interpretation of those activities under this article are determined by national legislations in consultation with employers and employer organisations (ILO, 2004). Although in general, it can be concluded that hazardous work is only allowed by children with the age of 18 or even the age of 16 in strict circumstances (ILO, 2004). These strict circumstances refer to the protection of health, safety and morals of the respective employee, including providing the employee with a proper instruction on the assignment (ILO, 1976, Article 3(3)).
3.4.3 ILO Convention No. 182 – Worst Forms of Child Labour
In 2000, the ILO Convention on the Worst Forms of Child Labour came into force; and since then has been ratified by 180 countries (ILO, 2016h). The convention is focussed on activities that are at odds with basic human rights, and therefore the convention is considered a priority for elimination (ILO, 2004). In specific, it refers to activities as:
“(a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children; debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict;
(b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;
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(d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children” (ILO, 1999, Article 3).
National authorities are able to determine to a certain extent the interpretation of hazardous working conditions in collaboration with organisational representatives of employers and employees. However, in order to provide guidance to this determination, the ILO has provided recommendation 190:
“(a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces;
(c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads;
(d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health;
(e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonable confined to the premises of the employer” (ILO, 1999, Article 3).
Countries are obligated to implement this convention in their national legislation; and in cases of non-compliance, the enforcement should occur through sanctions and penalties (ILO, 1999, Article 7(1)). Additionally, countries are obligated to help the abused child by incorporating social programs in their national legislation, such as social rehabilitation and re-integration programmes (ILO, 1999, Article 7(2)). By doing so, the ILO tries to ensure that the child will not be further abused or harmed in its development and potential.
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to monitor and suggest possible actions for improvement to the respective ratifying countries; the second committee is able to review countries compliance and in cases of doubt or non-compliance; it may decide to review or monitor the practices of the respective country more carefully (ILO, 2016i; 2016j). However, both monitoring agencies are not able to punish or sanction the respective ratifying country.
3.4 Conclusion
The ILO has been able to define an universal working definition of child labour; as work that deprives children from their childhood with the potential of damaging their development (ILO, 2016b). Their proposed legal framework is in line with this definition. For instance, by defining a minimum age of employment in the first convention, the ILO aims to reduce the number of children that become too young employed; and thereby the number of children that will be deprived from their childhood. Whereas, the second convention to prohibit certain conditions and environmental characteristics, the ILO aims to reduce the number of children that become employed in activities that can harm the development and health of the child.
Additionally, their adopted approach to eliminate child labour can be perceived as a top-down approach. A top-down approach means that general guidelines are defined for all, however these guidelines need to be tailored to make it fit for some; specific to the country of operation. Respective, the international legal framework on the elimination of child labour can also be perceived as rather general than as specific or concrete. While this could be a strength, it is also one of the major critics of international law, as legislations defined by the UNCRC and the ILO. Those critics believe that international law is too abstract in its standards, which only allows exceptions to be created, while simultaneously, these standards infringe the sovereignty of the state (Humbert, 2009). This refers to the dilemma of many drafters, who have to weigh the state sovereignty against the tools of enforceability (Humbert, 2009). Recognizing the diverse group of cultural and ethnic groups with different governance and legal systems that have signed and accepted the international conventions, it can only be concluded that the overall objective is to be carried by all, than be carried by a few.
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4 THE FAIRTRADE STANDARDS ON THE EFFECTIVE ELIMINATION OF CHILD LABOUR
In order to understand the effective elimination of child labour by the Fairtrade certification, it is important to comprehend its institutional design through its standards and enforcement mechanisms. The Fairtrade certification demands its member organisations to operate in accordance with the standards of Fairtrade. Those standards have been translated into measurable requirements that are checked on compliance. This chapter will analyze the measurable requirements that are incorporated in the Fairtrade institutional design.
The chapter will start by explaining the Fairtrade definition of child labour followed by their perspective on the effective elimination of child labour. Subsequently, the requirements are analysed against the international legal framework on the elimination of child labour.
4.1 What is Child Labour?
The FLO considers child labour as “work that is harmful to a child’s physical and mental health and wellbeing, and/or interferes with their education, leisure and development. [...] Child labour does not refer to children or adolescents helping around the house or on the family farm outside of school hours and during school holidays provided that this work is appropriate to their level of development” (FLO, 2016c). This means that the development of the child should not be affected through their assigned work; and that the work should not interfere with the child’s ability to attend an education. Moreover, if the child is involved in work that has an educational purpose, it can be considered as something positive (FLO, 2016c; ILO, 2016b). This definition reveals the difficultly in assessing child labour; as each activity need to be carefully analyzed in order to measure its effect on the child’s development or the child’s ability to attend an education.
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4.2 What is Effective Elimination of Child Labour?
The FLO believes that effective elimination occurs through legislation, a similar perspective that has been adopted by the ILO. “Fairtrade certified producer organisations and traders are committed to preventing and effectively eliminating all forms of Forced Labour, Child Labour and human trafficking, in accordance with the principles of the International Labour Organisations conventions and the United Nations Global Compact. This commitment is enshrined in the Fairtrade Standards for Small Producer Organisations, Hired Labour and Contract Production, and Trader Standards” (FLO, 2015).
In specific, this has led to the adoption of a rights-based approach in the Fairtrade certification to find and erase the root causes of child labour (FLO, 2015). The rights-based approach is a typical human rights developmental framework that “seeks to analyze inequalities which lie at the heart of development problems and redress discriminatory practices and unjust distributions of power that impede development progress” (UNICEF, 2016). This implies that the Fairtrade certification has defined a legal and moral framework to eliminate child labour; while simultaneously tackling its root causes.
4.3 How is Effective Elimination incorporated in the Fairtrade Certification?
The FLO has translated its standards into measurable requirements that define together a legal and moral framework on the elimination of child labour. Please find an overview of these requirements in the annex.
The first requirement refers to the employment of children below the age of fifteen. “The producer organisation and you must not employ children below the age of 15 or under the age defined by local law, whichever is higher” (FLO-cert, 2015a, p.100). By defining a minimum age for employment; the Fairtrade certification defines a framework on the employment of employees within a member organisation. Respectively, the member organisation is assessed on its compliance against a performance benchmark; where the member organisation has to score a minimum value of “the auditor found no indication (through workers’ and employers interview, and local knowledge) that this is present or if there are indications of rare cases the PB1 can demonstrate it took action” (FLO-cert, 2015a, p.100). Through its requirement and its respective performance benchmark, the Fairtrade certification defines a legal framework on the minimum age of employment.
1
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The second requirement refers to the nature of the activities. “You and the members of your organisation have implemented relevant procedures to prevent children below the age of 15 from being employed for any work and children below the age of 18 from being employed in dangerous and exploitative work” (FLO-cert, 2015c, p.86). Again, the Fairtrade certification provides its members a legal framework on the employment of its employees. Again, the member organisation is assessed on its compliance, however this requirement does not require a minimum score to be attained, but the organisation can comply between the performance scales of “organisation did not consider any measure” to the scale of “organisation has established a youth inclusive community based monitoring and remediation on child labour” (FLO-cert, 2016c, p.86). By assessing the member organisation on this requirement, the expected social behaviour of the member organisation is assessed against their legal framework on employment.
The third requirement refers to the schooling of the child. “Your members children below 15 years only help on farms after school, or during holidays, the work they do is appropriate for their age and physical condition, they are supervised and guided by their parent or legal guardian and they do not work for long hours or under dangerous or exploitative conditions” (FLO-cert, 2015a, p.101). Again, this requirement provides a legal framework that guides the member organisation to arrange its employment. Again, the member organisation is assessed on its compliance through its performance on the minimum value of “the auditor found no indication (through interviews, observation, and local knowledge) that non-suitable work/non-suitable time is present or present on rare occasions but the PB took action” (FLO-cert, 2015a, p.101).
The fourth requirement refers to the worst forms of child labour. “If in the past you employed children under 15 for any type of work, or children under 18 for dangerous and exploitative work, you have ensured that those children are not at risk of entering and do not enter into even worst forms of labour including hazardous work, slave-like practices, recruitment into armed conflict, sex work, trafficking for labour purposes, and/or illicit activities” (FLO-cert, 2015a, p.103). Similar as the other requirements, the member organisation has to score with its performance on a compliance minimum of “the PB can provide details of all children working in the past and their current safe situation” (FLOCERT, 2015a, p.103).
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jeopardize their health, safety, moral or their school attendance” (FLO-cert, 2015a, p.102). Also the last requirement refers to a legal framework that guides member organisations in their behaviour. Similar as the other requirements, also this requirement is assessed on its performance compliance on a minimum value of “the auditor found no indication (through interviews, observation and local knowledge) that non-suitable work is present or present on rare occasions but the PB took action” (FLO-cert, 2015a, p.102).
4.4 Conclusion
Each of the requirements have defined together a legal framework on the elimination of child labour; and thereby it is able to guide member organisations with their employment decisions in their producer organisation. By comparing these requirements to the international legal framework on the elimination of child labour, it can be concluded that these Fairtrade requirements are directly subtracted from the ILO Convention No. 138 on the Minimum Age of Employment, the ILO Convention No. 183 on the Worst Forms of Child labour and the UNCRC.
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5 THE FAIRTRADE ENFORCEMENT ON THE EFFECTIVE ELIMINATION OF CHILD LABOUR
In order to understand the effective elimination of child labour by the Fairtrade certification, it is important to comprehend its institutional design through its standards and enforcement mechanisms. The previous chapter discussed the standards, and this chapter will analyse the enforcement mechanisms in the institutional design, which ensure member organisations behave in compliance with the Fairtrade principles. This chapter will start by explaining the definition of enforcement followed by the perspective on enforcement mechanisms adopted by the FLO. Subsequently, the enforcement mechanisms are analysed with the use of the theory of Prakash and Potoski (2010).
5.1 What is Enforcement?
Enforcement refers to the ability “to make people obey a law, or to make a particular situation happen or be accepted” (Cambridge, 2016c). Enforcement can be perceived as a mechanism of compliance; compliance to the legislation within society or the compliance to the standards of operation within a Fairtrade certification. Those mechanisms are representing the accountability of an institutional design, which also represents the trustworthiness of a certification organisation (Tremblay-Boire et al., 2016; Prakash & Potoski, 2006).
5.2 How are Enforcement Mechanisms incorporated into the Fairtrade Certification? The FLO’s enforcement mechanisms can be described as reactive and proactive (FLO, 2016b). The reactive enforcement mechanisms refer to the audits by the FLO-cert to check whether member organisations (continue to) comply with the Fairtrade standards (FLO, 2016b). Whereas the proactive enforcement mechanisms refer to the stimulation of member organisations to build self-governing communities to proactively monitor and respond to potential risks of non-compliance in their producer organisation (FLO, 2016b). Each of these approaches will be discussed.
5.2.1 Reactive Enforcement Mechanisms
First, the reactive approach refers to audits performed by FLO-cert. FLO-cert is the official auditor of the FLO, who regularly checks the compliance of member organisations to the Fairtrade standards incorporated in their business operations (FLO-cert, 2015d). These Fairtrade standards are translated into measurable requirements; which are assessed against five performance benchmarks, ranging from 1 (no action) to 5 (best practice) (FLO-cert,
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Additionally, these requirements are divided into three sections, which have been called the sections of major, core and development. Major and core requirements can be considered as similar in their importance and assessment; as both are assessed through a ‘yes’ or a ‘no’, where the performance benchmark is solely used as an interpretation tool to assess the respective level of compliance of the respective member organisation (FLO-cert, 2015d). However, the developmental requirements are assessed differently. Developmental requirements are assessed against the five performance benchmarks, where a score between 1 to 5 has to be achieved. Although, their individual score does not account individually; as it is the case with the core and major requirements. The developmental requirements final score is calculated as the average score on all of the developmental requirements together (FLO-cert, 2015d). This difference in assessment reveals the importance of certain requirements over other requirements.
The way of assessment already assumed a different level of importance between different requirements, but this assumption is further confirmed by the interpretation of their scoring system. For instance, each of the core and major requirements need to be valued with a minimum ranking of 3; which equals the ‘yes’ evaluation. If, any of these requirements is valued with a ‘no’, then the entire section of core and/or major requirements is considered as non-compliant (FLO-cert, 2015d). Furthermore, the developmental requirements have to score an average that is higher than or equal to 3.0 to be considered as compliant (FLO-cert, 2015d). This also means that member organisations can compensate its very low scored developmental requirements with its higher scored developmental requirements.
Even though, if the core, major and developmental requirements are considered as non-compliant, the member organisation has to follow a corrective training to propose and implement measures to improve its score on the non-compliance requirements (FLO-cert, 2015d). However, if the member organisation has not improved its compliance towards these requirements; and their respective Fairtrade standards, the FLO-cert may decide to sanction the respective producer organisation; which can mean that the member organisation is losing its Fairtrade certification (FLO-cert, 2015d).
Second, in those cases where the audit has discovered the use of child labour at one of its member organisations, the FLO starts with an immediate protection procedure to ensure the child or any children in the future are protected from further harm or abuse (FLO, 2016b). Concretely, this means that a specialized child labour operator develops a child labour protection policy in collaboration with the member organisation in fault (FLO, 2016b).
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control system to monitor the progress and the implementation of this child labour protection policy at the respective member organisation (FLO, 2016b).
5.2.2 Proactive Enforcement Mechanisms
Besides a reactive approach, the FLO also pursues a proactive approach to eliminate child labour. This means that if a member organisation wants to improve its level of compliance, the FLO offers assistance to build a self-governing internal control system, which is called a Youth Inclusive Community Based Monitoring and Remediation System (YICBMR) (FLO, 2016b). Concretely, this refers to a specialized training on the rights-based approach; which give participants insights into the relevant procedures and provisions on the elimination of child labour by the United Nations and the ILO; supplemented with national legislations, action plans and hazardous work conditions (FLO, 2016b). The outcome of this training leads to the creation of a strategy to effectively eliminate child labour at the respective member organisation.
Remarkable is that the information collected by the YICBMR is not disclosed to the public. The information remains property of the YICBMR; who is not obligated to disclose the information to third parties (FLO, 2016b). “All efforts must be made to ensure that data sharing does not cause harm to impacted communities and those wishing to be part of the voluntary self-governing system” (FLO, 2016b, p.4). Thus, the collected information leads only to the generation of reports and (potential) actions plans for improvement; however if this is perceived as necessary by the respective YICBMR (FLO, 2016b).
5.3 Conclusion
By comparing the reactive and proactive enforcement mechanisms to the theory of Prakash and Potoski, it can be concluded that these enforcement mechanisms are similar to the identified mechanisms of sanctioning and third-party monitoring. These enforcement mechanisms were also considered as the most important to ensure the accountability and respective trustworthiness of the certification.
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6 THE NATIONAL LEGAL FRAMEWORK ON THE EFFECTIVE ELIMINATION OF CHILD LABOUR
CASE STUDY OF GHANA
In the upcoming two chapters, the national legal frameworks on the elimination of child labour in Ghana and the Côte d’Ivoire will be discussed through a country case study. By doing so, the efficacy of the Fairtrade certification to eliminate child labour can be measured.
First, the countries and their cocoa sector are discussed in order to understand the situational factors that have shaped the legal framework in the two countries. Subsequently, their legal framework to eliminate child labour will be discussed, and this will be further assessed against the international legal framework and the framework adopted by the Fairtrade certification. By doing this analysis, the outcome allow to assess whether the Fairtrade certification is an efficacy measure to eliminate child labour in general, but as well to the specific countries as Ghana and Côte d’Ivoire.
6.1 The Republic of Ghana
The Republic of Ghana is surrounded by the countries Togo, Burkina Faso, Côte d’Ivoire and the Gulf of Guinea in West Africa. The country is a former British colony, that has gained its independence on the 7th of March in 1957; as the first African country (World Factbook, 2016a). Unfortunately, straight after its independence, the country experienced a few turbulent years caused through a number of military coups. However, in 1979 the country regained its stability by its future president Jerry Rawlings, who took over the power; and started with the creation of a constitutional democracy in Ghana. Basically, a constitutional democracy means that a government is guided by a legal framework, as a constitution to govern its citizens (World Factbook, 2016a). The country is divided into 10 regions and subdivided into 275 districts governed by the capital city of Accra (Government of Ghana, 2016; UNICEF, 2014).
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men are more literate than women, respective 82 percent and 71.4 percent (United States Department of Labour, 2014a; World Factbook, 2016a).
6.2 The Cocoa Sector
Ghana is after Côte d’Ivoire, the second largest exporter of cocoa in the world (Reuters, 2013). It is the country’s primary export product; and it approximately employs to 25 to 30 percent of its population (Anthonio & Aikins, 2009; NBC, 2014). Research revealed that many children are working among the workforce on cocoa farms. In specific, numbers have revealed that approximately 1,882,553 children are working as child labourers; and another 1,231,286 children are working in conditions of hazardous work on cocoa farms (Ghana Statistical Service, 2014, p.39). Similar to other agricultural sectors, it is relatively common for children to work alongside their family, parents or legal guardians, which enables them to contribute to the household of the family (IITA, 2002).
Furthermore, the cocoa production occurs mainly in the forested areas of the country, as the Ashanti, Volta and Brong-Ahafo region (Clark, 1994). However, this has not always been the case. Previously, cocoa farms were mostly located in the south-eastern part of the country; but over the years the epicentre of the cocoa sector has gradually moved to the west. This move is caused by an old historical tradition, where many cocoa farmers tend to leave their farms behind, once the cocoa plants have passed their production life cycle (World Bank, 2011). Then, cocoa farmers simply moved their production to other parts of the country; where they were able to find fresh soils (World bank, 2011). However, these new grounds of land should be located in regions with a high rainfall to grow the cocoa plant (World Bank, 2011). This historical practice has “discouraged intensive farming while contributing to deforestation and loss of biodiversity” in the country (World Bank, 2011, p.4).
In 1983, the government reformed its economic system to create the right conditions for development in the agricultural sector (World Bank, 2011). Concretely this meant “higher producer prices, partial liberalization of internal marketing, the establishment of a price stabilization system, and increased public spending on infrastructure and productivity-enhancing innovations (e.g., rehabilitation, mass spraying, fertilizer credits, improved extension, privatization of input distribution)” (World Bank, 2011, p. 5). Each of these improvements allowed the cocoa sector to develop; and increase its output with an average rate of 2.7 percent a year (International Cocoa Sector, 2010).
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Product (GDP) is coming from the cocoa sector (Bank of Ghana, 2011). This number reveals a high dependency on the cocoa sector in Ghana.
6.3 The National Legal Framework
In 1998, the Children’s Act has been adopted by the government of Ghana; meant to “reform and consolidate the law relating to children, to provide for the rights of an child, maintenance and adoption, regulate child labour and apprenticeship, for ancillary matters concerning children generally and to provide for related matters” (ILO, 1998).
6.3.1 International Legislations translated into National Law
According to the constitution of Ghana, a child is considered a person under the age of 18 (Children’s Act, 1998, No. 560). Children should not be involved in labour that “deprives the child of its health, education or development” (Children’s Act, 1998, No. 560). In specific, children are considered as child labourers if “a) they are doing hazardous work; or b) they are less than twelve years and are involved in economic activity or; they are aged twelve or fourteen years and involved in economic activities that are not defined as light work” (Ghana Statistical Service, 2014, p.36).
The first part of the definition, hazardous work that “poses a danger to the health, safety or morals of a person” (IPEC, 2014, p.4). This refers to activities in a) hazardous industries, as quarrying, construction and mining; b) hazardous work; c) long working hours (more than 42 hours); and d) hazardous working conditions as the use of dangerous tools, unhealthy work environment and night work (Ghana Statistical Service, 2014). The ILO has allowed countries to define the conditions of hazardous work themselves, which has been interpreted by the government of Ghana as follows:
“a) going to sea; b) mining and quarrying; c) porterage of heavy loads; d) manufacturing industries where chemicals are produced or used; e) work in places where machines are used; and f) work in places such as bars, hotels, and places of entertainment where a person may be exposed to immoral behaviour” (IPEC, 2014, p.4).
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The second part of the definition refers to light work. Light work is defined as work by children that does not harm their health or development and does not interfere with their ability to attend an education (Children’s Act, 1998). This type of work is only allowed by children with the age of 13. Furthermore, “the minimum age for admission of a child to employment shall be 15 years” (IPEC, 2014, p.4).
Moreover, employers need to register each of their employees including children in their employee administration (Children’s Act, 1998, No. 560). In conclusion, the Children’s Act can be considered as a confirmation of Ghana’s commitment to eliminate child labour; while promoting the social, mental and physical well-being of the child in line with the international framework developed by the ILO and the United Nations.
6.3.2 Right on Education
It is assumed that child labour and education are interconnected. “When children are into full education, the use of their time is geared towards studying and therefore, they are less likely to be available for other activities including child labour” (Ghana Statistical Service, 2014, p. 14). The importance of education is emphasised through the Education Act, which states that the basic level of education is compulsory and free of charge (IPEC, 2014). In specific, the basic level of education refers to “a) two years of kindergarten education; b) six years of primary education, and; c) three years of junior high school education” (IPEC, 2014, p. 5).
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Table 3. Overview school attendance (Ghana Statistical Service, 2014, p.15).
Social attendance status
Characteristic Never attended Currently attending Attended in the past Total
Total 5.9 88.9 5.2 100.00 Male 5.7 89.4 4.9 100.00 Female 6.1 88.3 5.6 100.00 Urban 2.2 92.7 5.1 100.00 Accra (GAMA) 1.2 93.0 5.8 100.00 Other Urban 2.5 92.5 4.9 100.00 Rural 9.2 85.4 5.3 100.00 Rural Coastal 4.4 89.3 6.3 100.00 Rural Forest 3.2 91.3 5.5 100.00 Rural Savannah 19.1 76.1 4.8 100.00 5-7 10.4 88.5 1.0 100.00 8-11 4.7 93.9 1.4 100.00 12-14 3.8 91.9 4.3 100.00 15-17 4.7 77.5 17.8 100.00
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6.3.3 Additional Public Initiatives
In 2008, the government decided to formulate a National Plan of Action (NPA) for the Elimination of the Worst Forms of Child Labour to offer a more comprehensive framework that “seeks to promote a more coordinated effort towards the elimination of the Worst Forms of Child Labour” (Ministry of Employment and Social Welfare, 2009, p.4). The NPA is focused on a set of priority problems and their respective actions:
- “enforcement of laws;
- broad-based sensitisation and mobilisation to promote attitudinal and behavioural change;
- protection of children and their rights;
- pursuit of universal basic education and generalisation of post-basic education;
- withdrawal of children below the age of 15 from child labour and the protection of working children aged 15 and above from exploitation and hazardous work;
- establishment of standards procedures and protocols for dealing with cases of child abuse and exploitation;
- development of institutional capacities at all levels of government and within civil society to ensure the effective application of established procedures and protocols; and
- extension of social protection measures to provide safety nets for the most vulnerable households and children” (Ministry of Employment and Social Welfare, 2009, p.19). The government has appointed a National Steering Committee on Child Labour to coordinate this NPA; which is consisting of 35 members nationally (Tulane University, 2011). The expected success is reached through a decentralized approach with the collaboration of “ministries, departments and agencies, as well as metropolitan, municipal, district assemblies and civil society organisations” who “are charged with preparing and carrying out their own action plans within the framework offered by the national plan” (Tulane University, 2011, p.22).
6.3.4 Harkin-Engel Protocol
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and processing of cocoa beans and their derivative products in a manner that complies with the ILO Convention 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labour” (Slave Free Chocolate, 2015). The amendment is based on the ILO Convention 182, but its primary objective is to eliminate child labour in the cocoa sector of Ghana and Côte d’Ivoire (Tulane University, 2011).
Concretely, the Harkin-Engel protocol had achieved the following results, reducing the number of children that uses machetes (94%); reducing the number of children that are involved either directly or indirectly with the spraying of pesticides and fertilizers (97%); and the number of children that carried heavy loads (88%) (Tulane University, 2011).
6.4 Enforcement of the National Legal Framework
In 2014, research revealed that 94 labour inspectors were active to enforce the labour legislations in Ghana (United States Department of Labour, 2014a). From these 94 labour inspectors, only 40 labour inspectors were trained on child labour. These trainings were meant to increase the knowledge on the national legislation on the elimination of child labour, the NPA and respective best practices (United States Department of Labour, 2014a). Additionally, the research revealed that in reality, these trainings opportunities have proved to be insufficient to identify, investigate or even prosecute cases that involved child labour (United States Department of Labour, 2014a). Moreover, it revealed that these inspectors did not have the necessary resources to do their job properly; such as office facilities, fuel and transportation to conduct inspections (United States Department of Labour, 2014a) However, the most important observation was that each of these inspectors were not authorized to give sanctions; and thereby to truly enforce its national legislation (United States Department of Labour, 2014a).
Moreover, information on the number of cases that involved child labour is insufficiently documented (United States Department of Labour, 2014a). For instance, it is not known whether labour inspectors have made unannounced visits to check the use of child labour on cocoa farms, or the number of conducted inspections, or the number of child labour cases found and the respective penalties given (United States Department of Labour, 2014a).
6.5 Conclusion
