By: Ryan Ockenden

Impunity Watch Staff Writer

YAMOUSSOUKRO, Côte d’Ivoire – The cocoa harvesting industry in Côte d’Ivoire continues to be rife with child slavery. Children have been forced to overwork in unhealthy environments often kidnapped from their homes, brought across country lines, and held prisoner on cocoa plantations. Some of the largest international chocolate-making companies – such as Hershey, Nestle, and Mars – stand at the center of this controversy.

Chocolate-making companies seem inept at solving the child slavery problem, or perhaps they simply do not care to. Executives at these companies publicly abhor child labor in the chocolate industry. For decades, companies have promised to make changes through either stricter regulatory measures, or changing where they buy cocoa from – but these promises remain largely empty. The executives know that their success relies on gaining competitive advantages within the international market. For them, using child labor gives them an advantage because they can keep their cocoa purchase costs down.

One company, Ferrero, has put ethics before the zeal of gaining a competitive advantage. In 2011, Ferrero partnered with Save the Children in order to work toward a ten-year goal of transitioning their cocoa purchases to 100% sustainable and broadly ethical sources. Ferrero met their goal, and just last week renewed their partnership with Save the Children for an additional five years. Together they are committing €8M ($9.43M) to continue their sustainability and ethical devotion to cocoa cultivation. The African Court on Human and Peoples’ Rights has noted that all actions taken by another person that concern a child must be primarily focused on that child’s best interests. In many African communities, cultural expectations of children’s labor contributions differ from those generally sought by countries enforcing United Nations policies. Therefore, Ferrero and Save the Children agreed that moderate child labor is acceptable so long as it includes healthy working conditions that will protect child workers from economic exploitation, hazardous activities, and will give them an opportunity to attend school.

Ferrero’s project with Save the Children incorporates a variety of ways to ensure those goals are met. Ferrero is investing in tracking the supply chain to trace the source of cocoa so that they can check farms for any violations. Additionally, they are mapping farmers in order to prevent deforestation, helping women in the communities to attain small business loans, and ensuring children have access to continually improving education. While other international chocolate-making companies find themselves subject to lawsuits for aiding and abetting human rights violations, perhaps they can learn a lesson from a company that stands invested in ethics.

In order to ensure that abusive child labor is eliminated from the cocoa industry in Côte d’Ivoire, it will take contributions from all chocolate-making companies to commit to ethical and sustainable cultivation. These commitments will strengthen protections for child workers, increase access to quality education, empower women to engage in markets, and develop communities across West Africa.

For further information, please see:

African Court on Human and People’s Rights – African Court Law Report – 2017-2018

European Food Agency News – Ferrero Still In Field Against The Scourge Of Child Labor – 25 Mar. 2021

The Guardian – Mars, Nestle and Hershey to face child slavery lawsuit in US – 12 Feb. 2021

The Washington Post – Supreme Court Weighs Child Slavery Case Against Nestle USA, Cargill – 1 Dec. 2020

Fortune – Bitter Sweets: A special on-the-ground report from West Africa – 1 Mar. 2016

By: Samuel Schimel

Impunity Watch Staff Writer

THE HAGUE, Netherlands – Bosco Ntaganda, whose armed forces terrorized the eastern Democratic Republic of Congo, was once again on trial in Chamber VI of the International Criminal Court (“ICC” or “Court”) on March 8^th, 2021. What was conveyed by the Chamber in a public hearing was the formation of an Order of Reparations to victims under Article 75 of the Rome Statute in the case of The Prosecutor v. Bosco Ntaganda. Ntaganda was originally sentenced by the ICC to 30 years in prison for war crimes and crimes against humanity on November 7^th, 2019. In the 2021 decision, the Chamber, composed of Judge Chang-ho Chung, Judge Robert Fremr, and Judge Olga Herrera Carbuccia, set the reparations award, for which Ntaganda is liable, at a total of USD 30,000,000.

Nicknamed the “Smiling Terminator,” among others, Ntaganda was first indicted in 2006 for allegedly recruiting child soldiers during the Democratic Republic of Congo’s five-year war. He was a member of the Rwandan-backed Congrès national pour la défense du peuple – National Congress for the Defense of the People (CNDP), a rebel group that has committed countless atrocities against civilians. While a part of this group, he orchestrated an attack where 150 people were killed over two days in the town of Kiwanja, North of Goma. Ntaganda was integrated into the Congolese army and became a general. He commanded military operations in eastern Congo after an agreement was reached between the Congolese Army and the Rwandan government. For many Rwandan donors, the final straw was Ntaganda’s creation of the M23, another rebel group backed by Rwanda. As the leader of the group, Ntaganda orchestrated many other attacks on villages, executed hundreds of people, and was accused of rape, torture, and the forceful recruitment of child soldiers.

He surrendered to the U.S. embassy in Kigali, Rwanda’s capital, in March 2013, and was transferred to the Hague some time afterward. Ntaganda was convicted on thirteen counts of war crimes followed by five counts of crimes against humanity. These counts included murder, rape, and sexual slavery committed during the conflict in the East of the Democratic Republic of Congo, in 2002 and 2003. On the basis of the Rome Statute, Ntaganda was sentenced to 30 years of imprisonment.

Given his criminal history, the eligible victims for reparations are direct and indirect victims of the attacks, victims of crimes against child soldiers, victims of rape and sexual slavery, and children born out of rape and sexual slavery. The Chamber notably found that the priority shall be given to individuals who are in need of immediate medical and psychological care, victims with disabilities, the elderly, victims of sexual or gender-based violence, victims who are homeless or have encountered financial hardship, as well as children born out of rape and sexual slavery and former child soldiers. A gender-inclusive and sensitive approach to the reparations will also be instituted.

The Chamber additionally encouraged the Trust Fund for Victims to add funds that would accompany the reparation awards, to the extent that is feasible given its available resources, and to take part in additional fundraising efforts as necessary to accompany the totality of the award. The Trust Fund for Victims was asked to create a draft implementation plan on the basis of all the modalities of reparations identified in the order, with the victim’s input. These modalities of reparations within the order incorporate measures of restitution, compensation, rehabilitation, and satisfaction, which may incorporate, when appropriate, a symbolic, preventative, or transformative value. The due date for the Trust Fund’s plan is September 8^th, 2021 and an urgent plan for priority victims is due on June 8^th, 2021. 

Ntaganda’s name is still likely to send chills across the citizens of the Congo and he is particularly remembered for his ruthlessness. Many of the victims of Ntaganda’s crimes have been forced into exile since they were threatened with more suffering if they dared to speak up against him during his trial. Hopefully, the judgment can be of some consolation to the victims, and may they finally be given the reparations they deserve.

For further information, please see:

BBC – Bosco Ntaganda – the Congolese ‘Terminator – 8 July

International Criminal Court – Ntaganda case: ICC Trial Chamber VI orders reparations for victims – 8 Mar. 2021

Human Rights Watch – Congo Warlord Gets 30 Years: Persistence Over Many Years Helps Bring Bosco Ntaganda to Justice – 7 Nov. 2019

International Criminal Court – Bosco Ntaganda sentenced to 30 years’ imprisonment – 7 Nov. 2019

Reuters – War crimes court orders record $30 million compensation for Congo victims – 8 Mar. 2021