Child labour case against Nestlé, ADM & Cargill will move forward after US Supreme Court declines to hear companies' appeal

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12 January 2016

Nestlé says in its website that no company sourcing cocoa from Ivory Coast can guarantee they have completely removed the risk of children working on small farms in their supply chain

Author: NEOnline/GK

Swiss giant, Nestle, will be sued over allegations that it used child slaves to harvest cocoa in the Ivory Coast in Africa…the US Supreme Court rejected the appeal by Nestle, Archer Daniels Midland and Cargill to dismiss the lawsuit. The case first came into surface on 14 July 2005, when three individuals from Mali and Global Exchange filed a class action lawsuit in California federal court against the three companies.  According to Business and Human Rights Resource Centre, the individuals alleged they had been trafficked from Mali as child slaves and forced to work harvesting and/or cultivating cocoa beans on farms in the Ivory Coast…The plaintiffs allege that the companies aided and failed to prevent the torture, forced labor and arbitrary detention that they had suffered as child slaves. The plaintiffs further claimed that the companies’ economic benefit from the labor of children violates international labor conventions, the law of nations and customary international law...[I]n 2012, seven years after the shocking revelations, the Swiss giant decided to establish a monitoring and remediation system in farmer cooperatives to raise awareness about child labor and to identify children at risk…

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11 January 2016

US Supreme Ct. rejects Nestlé, ADM & Cargill's bid to dismiss Alien Tort case alleging complicity in forced child labour

Author: Lawrence Hurley, Reuters

"U.S. top court rejects Nestle bid to throw out child slavery suit", 11 Jan 2016

The U.S. Supreme Court on Monday rejected a bid by Nestle SA…and two other companies to throw out a lawsuit seeking to hold them liable for the use of child slaves to harvest cocoa in Ivory Coast. The high court left in place a December 2014 ruling by the…9th U.S. Circuit Court of Appeals that refused to dismiss a lawsuit against Nestle, Archer-Daniels-Midland Co and Cargill Inc filed by former victims of child slavery. The plaintiffs…contend the companies aided and abetted human rights violations through their active involvement in purchasing cocoa from Ivory Coast. While aware of the child slavery problem, the companies offered financial and technical assistance to local farmers in a bid to guarantee the cheapest source of cocoa, the plaintiffs said.


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