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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 The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and o ...
's
Convention 182 The Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, known in short as the Worst Forms of Child Labour Convention, was adopted by the International Labour Organization (ILO) in 1 ...
) and
forced labor Forced labour, or unfree labour, is any work relation, especially in modern or early modern history, in which people are employed against their will with the threat of destitution, detention, violence including death, or other forms of e ...
(according to ILO Convention 29) in the production of
cocoa Cocoa may refer to: Chocolate * Chocolate * ''Theobroma cacao'', the cocoa tree * Cocoa bean, seed of ''Theobroma cacao'' * Chocolate liquor, or cocoa liquor, pure, liquid chocolate extracted from the cocoa bean, including both cocoa butter and ...
, the main ingredient in
chocolate Chocolate is a food made from roasted and ground cacao seed kernels that is available as a liquid, solid, or paste, either on its own or as a flavoring agent in other foods. Cacao has been consumed in some form since at least the Olmec civil ...
. The protocol was negotiated by
U.S. Senator The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...
Tom Harkin Thomas Richard Harkin (born November 19, 1939) is an American lawyer, author, and politician who served as a United States senator from Iowa from 1985 to 2015. A member of the Democratic Party, he previously was the U.S. representative for Iow ...
and
U.S. Representative The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they c ...
Eliot Engel Eliot Lance Engel (; born February 18, 1947) is an American politician who served as a U.S. representative from New York from 1989 to 2021. A member of the Democratic Party, he represented a district covering portions of the north Bronx and so ...
in response to a documentary and multiple articles in 2000 and 2001 reporting widespread
child slavery Child slavery is the slavery of children. The enslavement of children can be traced back through history. Even after the abolition of slavery, children continue to be enslaved and trafficked in modern times, which is a particular problem in devel ...
and
child trafficking Trafficking of children is a form of human trafficking and is defined by the United Nations as the "recruitment, transportation, transfer, harboring, and/or receipt" kidnapping of a child for the purpose of slavery, forced labour and exploitation ...
in the production of cocoa. The protocol was signed in September 2001. Joint Statements in 2001, 2005 and 2008 and a Joint Declaration in 2010 extended the commitment to address the problem. The industry's pledge to reduce child labor in Ivory Coast and Ghana by 70%, as per the Protocol, had not been met by late 2015; the deadline was again extended, to 2020.


Background

In late 2000 a BBC documentary reported the use of enslaved children in the production of
cocoa Cocoa may refer to: Chocolate * Chocolate * ''Theobroma cacao'', the cocoa tree * Cocoa bean, seed of ''Theobroma cacao'' * Chocolate liquor, or cocoa liquor, pure, liquid chocolate extracted from the cocoa bean, including both cocoa butter and ...
—the main ingredient in
chocolate Chocolate is a food made from roasted and ground cacao seed kernels that is available as a liquid, solid, or paste, either on its own or as a flavoring agent in other foods. Cacao has been consumed in some form since at least the Olmec civil ...
— in
West Africa West Africa or Western Africa is the westernmost region of Africa. The United Nations defines Western Africa as the 16 countries of Benin, Burkina Faso, Cape Verde, The Gambia, Ghana, Guinea, Guinea-Bissau, Ivory Coast, Liberia, Mali, Mau ...
. Other media followed by reporting widespread child
slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
and
child trafficking Trafficking of children is a form of human trafficking and is defined by the United Nations as the "recruitment, transportation, transfer, harboring, and/or receipt" kidnapping of a child for the purpose of slavery, forced labour and exploitation ...
in the production of cocoa. The cocoa industry was accused of profiting from child slavery and trafficking.Payson 2010, p. 26 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 violatedPayson 2010, pp. 26–7 and acknowledged the claims could not be ignored. In 2001, US Representative
Eliot Engel Eliot Lance Engel (; born February 18, 1947) is an American politician who served as a U.S. representative from New York from 1989 to 2021. A member of the Democratic Party, he represented a district covering portions of the north Bronx and so ...
introduced a legislative amendment to an agriculture bill. This amendment was to give the U.S.
Food and Drug Administration The United States Food and Drug Administration (FDA or US FDA) is a federal agency of the Department of Health and Human Services. The FDA is responsible for protecting and promoting public health through the control and supervision of food ...
(FDA) $250,000 to develop a label to indicate no child slave labor was used in growing or harvesting cocoa; this label would be similar to the " dolphin safe" labels used for
tuna A tuna is a saltwater fish that belongs to the tribe Thunnini, a subgrouping of the Scombridae ( mackerel) family. The Thunnini comprise 15 species across five genera, the sizes of which vary greatly, ranging from the bullet tuna (max le ...
. The amendment was approved in the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
vote of 291–115.Payson 2011, p. 13 The bill appeared to have similar support in the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the e ...
. The international cocoa industry strongly opposed it and the
Chocolate Manufacturers Association The National Confectioners Association is an American trade organization that promotes chocolate, candy, gum and mints, and the companies that make these treats. NCA lobbies the American government in favor of the confectionery industry, evaluate ...
hired former senators George Mitchell and
Bob Dole Robert Joseph Dole (July 22, 1923 – December 5, 2021) was an American politician and attorney who represented Kansas in the United States Senate from 1969 to 1996. He was the Republican Leader of the Senate during the final 11 years of his ...
to
lobby Lobby may refer to: * Lobby (room), an entranceway or foyer in a building * Lobbying, the action or the group used to influence a viewpoint to politicians :* Lobbying in the United States, specific to the United States * Lobby (food), a thick stew ...
against it. The cocoa industry faced potential consumer boycotts and harmful legislation if the bill were to pass. Mitchell and Dole encouraged the industry to make a deal, and before the bill went to a vote in the Senate, the cocoa industry agreed to address the problem without legislation. Senator
Tom Harkin Thomas Richard Harkin (born November 19, 1939) is an American lawyer, author, and politician who served as a United States senator from Iowa from 1985 to 2015. A member of the Democratic Party, he previously was the U.S. representative for Iow ...
and Engel negotiated a deal with the cocoa industry to create the Harkin–Engel Protocol. The protocol was signed in September 2001 with the objective to eliminate the " worst forms of child labor" and adult forced labor on cocoa farms in West Africa. It was signed and witnessed by the heads of eight major chocolate companies, Harkin, Engel, Senator
Herb Kohl Herbert H. Kohl (born February 7, 1935) is an American businessman and politician. Alongside his brother and father, the Kohl family created the Kohl's department stores chain, of which Kohl went on to be president and CEO. Kohl also served as a ...
, the ambassador of Côte d'Ivoire, the director of the
International Programme on the Elimination of Child Labor The International Programme on the Elimination of Child Labour (IPEC) is a programme that the International Labour Organization has run since 1992. IPEC's aim is to work towards the progressive elimination of child labour by strengthening national c ...
, and others.


Protocol and 2001 Joint Statement

The Harkin–Engel Protocol is a
voluntary Voluntary may refer to: * Voluntary (music) * Voluntary or volunteer, person participating via volunteering/volunteerism * Voluntary muscle contraction See also * Voluntary action * Voluntariness, in law and philosophy * Voluntaryism, rejectio ...
public-private agreement to eliminate the worst forms of child labor (defined according to the
International Labour Organization The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and o ...
(ILO)'s
Convention 182 The Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, known in short as the Worst Forms of Child Labour Convention, was adopted by the International Labour Organization (ILO) in 1 ...
) in the growth and processing of cocoa in
Côte d’Ivoire Ivory Coast, also known as Côte d'Ivoire, officially the Republic of Côte d'Ivoire, is a country on the southern coast of West Africa. Its capital is Yamoussoukro, in the centre of the country, while its largest city and economic centre is ...
and
Ghana Ghana (; tw, Gaana, ee, Gana), officially the Republic of Ghana, is a country in West Africa. It abuts the Gulf of Guinea and the Atlantic Ocean to the south, sharing borders with Ivory Coast in Ghana–Ivory Coast border, the west, Burkina ...
.Payson 2011, p. 7 The protocol was a voluntary agreement that partnered governments, the global cocoa industry, cocoa producers, cocoa laborers, non-governmenal organizations. The agreement laid out a series of date-specific actions, including the development of voluntary standards of public certification. The Protocol did not commit the industry to ending all child labor in cocoa production, only the worst forms of it. The parties agreed to a six-article plan: # 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 ch