By Jessica Glenza
Luis is just 14 years old, but he already has an exhausting, dawn-till-dusk job. Last summer, he started working in tobacco fields in North Carolina.
Even though Luis is just a child – too young to buy cigarettes – it is legal for him to work here in the US.
The job pays about $7.25 per hour.
Monday through Saturday last summer, when he was not in school, he rose at 5am, dressed in long sleeves, jeans, boots, gloves, a hat and a plastic poncho, and waited for a van to drive him to fields as far as an hour away. He came home around 7pm. This is a typical schedule for laborers in this tough and dangerous job.
Workers in tobacco are vulnerable to heat sickness, in temperatures which regularly reach 32C (89F); they risk injuries from sharp objects; and, if the Trump administration has its way, children will return to using the most toxic agrochemicals.
Then there is the plant itself. Tobacco naturally contains water-soluble nicotine. This makes morning dew or overnight rain a vehicle for huge doses of nicotine. Workers are regularly exposed to six cigarettes’ worth of nicotine per day, one study found. This can result in acute nicotine poisoning, called green tobacco sickness, characterized by nausea, vomiting, headaches and dizziness.
“I wanted to help my mama,” said Luis. He wanted to work, he said, “to get school supplies, so she doesn’t have to waste money”. Luis is the son of a cervical cancer survivor. He started to work when his mother, a waitress, was too ill to hold a job. (The Guardian has changed the names of workers and their families in this report.)
“It’s heavy work, very hard,” said Luis’s mother. But, she said, “there’s no choice”. Children need to help buy “clothes, shoes, their own things, things they need”. She said it would be “better when they were older, but he started because I had cancer ... He was helping me as well as my older son.”
In the US, lax laws and an informal economy in which landowners are removed from hiring laborers allow teens to work growing and harvesting tobacco. This contravenes some tobacco companies’ own policies, which often prohibit children from performing hazardous work.
“There’s a lot of 14-, 15-year-olds working in the fields,” said Antonio, a 19-year-old who has done so since he was 15, a history confirmed by his mother. “They need money or they want to work,” Antonio said.
Altria, parent company of Philip Morris USA, which produces Marlboro cigarettes, said growers were “prohibited from hiring those less than 16 years of age, and may only assign hazardous duties to workers 18 and older. Both are above the legal requirements. We require parental consent for those under 18 working in tobacco farming.”
The company also said it reviewed all growers every three years. In 2017, it found only one case of child labor, in which a farmer hired two 15-year-olds.
“While the individuals were no longer employed by the grower, the contract requirements were reviewed with the grower to strengthen their understanding of the minimum age requirement,” the company said. The company also said it had hired third-party assessors to monitor labor conditions.
Miguel Coleta, director of sustainability for Philip Morris International, said the company had been “making progress in tackling complex labor issues on farms supplying to PMI and our standards exceed US in many areas”.
“Challenges remain, and PMI continues to work with Verité and the Farm Labor Practices Group on systemic issues associated with child labor, grievance mechanisms to protect workers’ rights and to achieve meaningful improvements on the ground,” said Coleta.
In 2015, PMI adopted a new leaf-buying model in the US, and it now buys through the third-party leaf buyers Alliance One International Inc and Universal Leaf North America. At the time, Human Rights Watch said the move would improve labor conditions on US farms.
The Guardian interviewed several teens, parents, and labor organizers for this story. They described a picture in which child labor was commonplace. However, many said they depended on their children’s income to make ends meet. Many of those interviewed also work in other crops, including picking cucumbers, peppers or other vegetables.
“It’s the fact that we have to do it, because there is no alternative,” said Laticia Savala, a labor organizer with the Farm Labor Organizing Committee (Floc) in North Carolina. Floc does not support outlawing child labor in fields, because organizers feel it would harm families who depend on children’s income. However, needing the money does not lessen the harm.
“What mom wouldn’t want their kids studying [rather] than working in the fields?” asked Savala. “You’re forced into doing something.” If labor conditions on farms “were better, probably child labor wouldn’t exist”.
The world’s largest tobacco-producing countries span the globe. They include Brazil, China, India, Indonesia, Malawi, Pakistan and the United States.
Together, North Carolina and Kentucky produce 70% of the 700m pounds of tobacco grown in the US each year. Only 0.04% of US farmland grows tobacco, but the United States is still an international juggernaut, the fourth-largest producer in the world.
North Carolina is just one part of a global supply chain that feeds cigarette makers with tobacco leaf. However, the value of tobacco farming is dwarfed by the value of the global tobacco products. Tobacco farming was worth $19.1bn in 2013. Once leaf is manufactured, marketed and branded, tobacco products were worth $783bn the same year.
North Carolina’s farmers employ mostly Latin American workers, who toil in fields owned by white, ageing farmers. The US does not grant agricultural workers collective bargaining rights and workers are sometimes undocumented. Workers are vulnerable to wage theft, exploitation and dangerous working conditions.
Because children work in an informal economy, there is no data on how many might work in fields in summer months, or even when they should be in school. A 2014 report by Human Rights Watch (HRW) was the first in recent memory to ignite debate about child labor in tobacco in the US. The advocacy group followed up the report in 2015, and found little had fundamentally changed in fields.
“If you appear younger than 16, they’ll ask,” said 19-year-old John about children working on the fields. “But otherwise, no,” they don’t ask. Many contractors, one mother said, encouraged children to lie about their age.
Attempts have been made to regulate tobacco growing in the past. In 2012, the Obama administration attempted to make it illegal for children younger than 16 to work in tobacco. But the Department of Labor backed down after Republicans falsely argued the measure would prevent children from working on family farms.
At the state level, as recently as 2017, the Democratic Virginia delegate Alfonso Lopez tried to introduce a bill to bar child labor on tobacco farms. He was blocked by Republicans.
“If this was your kid, would you be OK with having them work in this job?” Lopez asked at the time as the bill was shelved. “Would you? I don’t think you would. So why is it OK for kids you don’t know to do this job?”
When criticism of child labor on US farms reached its peak in 2014, Philip Morris International hired a company to audit its supply chain. It found children working in hazardous conditions on 16% of the US farms it visited.
However, auditors concluded: “The root cause of many labor related issues in the US is the lack of sustainable, reliable workforce exacerbated by poor US immigration policies.”
The US has signed an international human rights convention meant to protect children “from economic exploitation” and work likely “to be harmful to the child’s health or physical, mental, spiritual, moral or social development”. To that end, it encourages trading partners to meet these standards, and publishes an annual report on the “worst forms of child labor” around the world.
One country singled out in the report was Malawi, visited by the Guardian earlier this year as part of an investigation, where children “continue to engage in the worst forms of child labor, including in the harvesting of tobacco”, the most recent report by the US Bureau of International Labor Affairs said.
The tobacco industry, through its Eliminating Child Labor in Tobacco Growing Foundation, agrees “in principle” children should be prohibited from hazardous work, “particularly the use of of machinery and agrochemicals by children in tobacco farming”.
The Trump administration, meanwhile, is hoping to further deregulate farm labor. Rules put into place after the 2014 HRW report are being rolled back by the US Environmental Protection Agency, which is examining whether children should again be allowed to work with dangerous pesticides on farms.
“I’ve worked in the field as well; it’s very difficult. For a young person it’s worse,” said Antonio’s mother, a 37-year-old with three sons who works behind the counter of a rural convenience store. Teens often prefer farm work to other work, she said, “because they’re given jobs despite their age”.
Dominance of American tobacco has waned in recent decades, as the tobacco supply chain has globalized. This and the deregulation of US tobacco price controls has encouraged consolidation. Where in 1978 there were 188,000 tobacco farms, today there are around 4,200.
“A lot of times they’re underage and they lie and say they’re 16 or 17, but they’re actually 13 or 14 years [old],” Antonio’s mother said. “It’s hard, but there aren’t any more options.” She said claims that child labor was not happening on tobacco farms were “a lie”.
Published on The Guardian on June 28, 2018
By Fabiana Frayssinet
Child labour has been substantially reduced in Latin America, but 5.7 million children below the legal minimum age are still working and a large proportion of them work in precarious, high-risk conditions or are unpaid, which constitute new forms of slave labour.
For the International Labor Organisation (ILO) child labour includes children working before they reach the minimum legal age or carrying out work that should be prohibited, according to Convention 182 on the Worst Forms of Child Labour, in force since 2000.
The vast majority of these children work in agriculture, but many also work in high-risk sectors such as mining, domestic labour, fireworks manufacturing and fishing.
Three countries in the region, Brazil, Mexico and Paraguay, exemplify child labour, which includes forms of modern-day slavery.
By MARTHA MENDOZA and JULHAS ALAM
Hazardous, heavily polluting tanneries, with workers as young as 14, supplied leather to companies that make shoes and handbags for a host of Western brands, a nonprofit group that investigates supply chains says.
The report by New York-based Transparentem, released to The Associated Press on Friday, didn't say leather from the tanneries ends up in American and European companies' products, only that the manufacturers of some of those goods receive it.
Some companies say they're certain the leather used to make their products was imported from outside Bangladesh, and the manufacturers concur. Still, in response to the report most brands had switched factories, banned Bangladesh leather or demanded improvements and audits.
The abuses alleged have long plagued Hazaribagh, a Dhaka neighborhood that's the hub of Bangladesh's leather industry with more than 150 tanneries. The air is noxious with an eye-stinging rotten-egg odor, and children play on small hills of rotting hide trimmings. The Buriganga River, a source of drinking water for 180,000 people, shimmers with poisons from tannery chemical runoff, as well as other human and industrial waste.
The $1 billion-a-year industry was ordered to shut down and move more than 15 years ago, but deadlines have passed without consequence and fines go unpaid. Last week, Bangladesh's High Court told authorities to stop supplying gas, water and electricity to the tanneries. Rawhide supplies have also been ordered halted.
And yet they're still in business, fueled by consumer demand for ever-more-stylish but low-priced wallets and boots.
Transparentem uses investigative journalism practices to tackle labor and environmental abuses, producing detailed reports that are privately shared with companies involved. The group gives companies time to respond before sharing its findings with investors, regulators, advocacy organizations or journalists.
Its confidential Hazaribagh report and accompanying video, shared late last year with about a dozen U.S. and European brands and companies, showed workers at five different tanneries bent double under the weight of soaking wet cow hides, shuffling past heavy machinery delivering heavy loads. Workers are seen whipping handheld razors through leather, tossing off loose trimmings. Barrels of chemicals lean against walls. The floor is wet, and some workers are barefoot.
Bangladesh law prohibits workers under 18, but some appeared to be teenagers. The report says that in 2015, a mother confirmed her child working in a tannery was 14. Footage from 2016 showed the child was still working there. On the video, a 17-year-old told the videographer his age. And there's 2016 footage of two workers agreeing that 15-year-olds are onsite.
Transparentem is not publishing its findings but showed the video to an AP reporter before sharing the report. It said the discretion was needed to protect its investigators and the workers, and that the research is ongoing.
The nonprofit said its Hazaribagh team tracked leather first-hand and with corporate reports from two tanneries, Apex Tannery Ltd. and Bay Tannery Ltd., to Bangladesh shoemakers Apex Footwear and Bay Footwear. Apex Tannery also sent leather to South Korean leather dealer White Industries, said the report. From White, Transparentem tracked leather to Simone Accessories, a South Korean handbag maker.
Using customs records and business documents, they found those factories make shoes and purses for Clarks, Coach, Kate Spade, Macy's, Michael Kors, Sears, Steven Madden and Timberland. Also included were Germany-based Deichmann, a shoe and sportswear chain, and two U.S. firms — Harbor Footwear Group and Genesco — which design and market shoes in even more brands.
No one followed a piece of leather produced by a child to a particular purse or shoe.
E. Benjamin Skinner, founder and principal of Transparentem, said the group investigates endemic problems within an industry, and looked into Apex and Bay because they are among the largest.
"We tell brands and retailers what they may not, but should, know about those with whom they do business. This gives them the opportunity to use their influence with their suppliers to address questionable activity and advance positive action," Skinner said.
The American and European brands that responded to queries from the AP stated their commitments to prevent labor abuse in manufacturing. But some brands, the Bangladeshi companies involved and industry officials disputed the report's findings.
"That NGO went to our buyers too," said Shahin Ahmed, chairman of the Bangladesh Tanners' Association. "They showed them some video clips of child workers who are engaged in manufacturing some byproducts. ... They are no way part of the main industry, I can challenge anybody."
Syed Nasim Manzur, managing director of Apex Footwear and a director at the Apex Tannery, calls Hazaribagh "an environmental disaster" and said they'll soon close their plant there. But he said the report is a "smear campaign," allegations of child labor are unsubstantiated, and Hazaribagh leather doesn't end up in exported products.
Manzur said Apex Footwear and Apex Tannery are separate entities, although they have some owners in common and are associated businesses. He said Apex Footwear has two separate shoe-making factories, one for local markets and another, across the street, for exports. The Hazaribagh leather goes only to the local factory, he said.
Bay Footwear technical adviser Rezaur Rahman, speaking for Bay Group, which includes their tannery, called Transparentem's findings "absolutely baseless."
"We worked with the International Labor Organization and trade unions. I don't understand how and where they found child workers in the industry," Rahman said. "We don't have any child workers."
Coach — whose website says their produce is "handcrafted from the finest American and European hides and textiles" — said they get no more than 1.5 percent of their leather from Hazaribagh and Kate Spade said they get just 1 percent. Both said they're stopping any purchases from Hazaribagh.
Michael Kors and Harbor Footwear said they were a few steps removed from the Hazaribagh tanneries, hadn't knowingly sourced leather there, and would make sure not to.
Clarks and Deichmann said they are certain no Hazaribagh leather ended up in their products.
Deichmann said Apex Footwear only makes their shoes with imported leather or hides processed at Apex Gazipur tannery that they've audited.
A Clarks spokesman said the company "is only responsible for the sourcing of materials in our own products and cannot control the sourcing of others."
Sears, Timberland, Macy's, Genesco and Steven Madden all said that while they weren't getting leather from the tanneries, they saw an opportunity to use their companies' leverage at the related factories to bring improvements, with some using threats, others offering auditors and support.
Attorneys representing Apex Footwear and Macy's, Steven Madden and Genesco signed an agreement last month that says Apex will verify that all tannery workers are adults using protective gear, and that independent auditors would oversee longer-term improvements.
Steve Park, sales director at White Industry Co., said the South Korean company stopped using raw materials from Bangladesh late last year after U.S. clients such as Coach, Michael Kors and Kate Spade informed them about environmental problems and child labor issues. Now they use American, Brazilian and Pakistani suppliers, he said.
Scott Nova at the Worker Rights Consortium in Washington, D.C., said a brand or retailer that is serious about protecting worker rights, and about honoring its public commitments to do so, would not do business with a factory that sources from suppliers that engage in dangerous and abusive practices.
"This principle applies, whether or not leather from the tanneries in question is being used in a brand's products," he said.
Global brands are drawn to manufacturing in Bangladesh by low wages, and leather shoes, belts and purses are top exports. But many Bangladeshi manufacturers depend on domestic tanneries for their leather, and 90 percent of those tanneries are in Hazaribagh.
Conditions in the neighborhood are deplorable. Chemicals and defecation run milky-white through open sewers, pouring untreated into the river, more of a waste pond than a waterway. Metal tarnishes quickly; electronics corrode.
Tannery workers live in small, hot, steel-walled rooms perched on precarious stilts above creeks of raw sewage and mounds of stinking scraps.
AP journalists were not allowed inside Apex and Bay's Hazaribagh tanneries, but workers walking out said no children were employed there now.
Reporters did find children working in smaller Hazaribagh tanneries not mentioned by Transparentem. The work is hazardous, with large equipment and little to none of the protective clothing, splash aprons, safety goggles and respirators mandatory at North American and European tanneries.
The AP team watched as a man tasted liquid from a drum that processes leather to test for salt levels.
"We would hope to avoid the harm that can be caused by the liquid when the body and the limbs are exposed to it," said another Hazaribagh leather tanner, Mohammed Harun, 52. "There are some powders and chemicals that infect us when inhaled."
He said they need boots, gloves and masks.
"If the owners provide us with these things, it will improve the situation," he said.
A British Medical Journal study published this week found that Bangladeshi tannery workers as young as 8 frequently have untreated rashes and infections, as well as asthma and other lung problems. Pure Earth — a nongovernmental organization that addresses industrial pollution — has put Hazaribagh on its Top 10 list of polluted places, along with Chernobyl. Similar problems exist at tannery clusters in the Philippines and India.
Human Rights Watch advocate Richard Pearhouse, who has reported on pollution and child labor at Hazaribagh tanneries, said none comply with national environmental laws or repeated court orders to move.
American shoppers can make a difference, he said.
"Consumers should be asking plenty of sharp questions on the shop floor about what retailers are doing to guarantee they are not sourcing leather from Hazaribagh's toxic tanneries," he said.
Published on AP's website on March 25, 2017.
By Margaret Wurth
In the next week, Indonesian President Joko (“Jokowi”) Widodo will decide whether to encourage parliament to move forward with a draft tobacco bill aimed at increasing domestic tobacco production. The bill would gut many important existing health regulations, like the requirement that companies include a health warning with a picture on the label of tobacco products.
Those are troubling proposals given that millions of children in Indonesia start smoking each year, and that 40 million more are “passive smokers” from secondhand smoke. The Indonesian Ministry of Health, 17 prominent health organizations, and many others have denounced the measure as an attempt to undermine Indonesia’s already weak tobacco control laws. Jokowi should reject the bill.
But the draft bill is not the only tobacco policy issue awaiting action by the Jokowi administration. Each year in Indonesia, thousands of children, some just 8 years old, work in hazardous conditions producing tobacco that ends up in products marketed and sold by huge Indonesian and multinational tobacco companies.
My colleagues and I published a Human Rights Watch report documenting hazardous child labor on Indonesian tobacco farms last May. Since then, another tobacco season has come and gone, but the child workers behind Indonesia’s tobacco industry remain unprotected.
We interviewed 132 children who worked on tobacco farms in four of Indonesia’s biggest tobacco-producing provinces. We found that child workers are exposed to nicotine and pesticides—toxins that can be especially harmful to children who are still growing and developing. Half the children we interviewed had experienced nausea, vomiting, headaches, or dizziness while they worked. Those symptoms are consistent with acute nicotine poisoning, which happens when workers handle tobacco plants and absorb nicotine through their skin. Many children said they also mixed and sprayed toxic chemicals on the plants with no protective equipment, and some became violently ill afterward.
The families we interviewed did not intentionally put their children in harm’s way. They were committed to helping their children get an education so they could have a better future. Indeed, most of the children we interviewed attended school and worked in tobacco farming only outside of school hours.
But direct contact with tobacco in any form is hazardous work for children because of the nicotine in the leaves. Most of the families we spoke with had never received comprehensive information about the hazards for children of work on tobacco farms, so they did not know the risks to their children.
We urged the Jokowi government to take action to protect children from danger in tobacco fields. We called on the Health Ministry to work with other ministries to develop a public education campaign to raise awareness of the dangers to children of work on tobacco farms. In recent meetings with Human Rights Watch, government officials have said they need additional support and resources to get the campaign underway this year.
Indonesia already prohibits children under 18 from work “with harmful chemical substances.” The Ministry of Manpower and Transmigration should explicitly prohibit children from working in direct contact with tobacco in any form and increase labor enforcement efforts to make sure government inspectors check for workers’ safety, especially on small tobacco farms where children might be in danger.
In our meetings with government officials, we have heard many times that the tobacco industry is powerful in Indonesia, and that it is difficult to achieve policy changes the industry opposes. Surely eliminating child labor in tobacco farming is an issue tobacco companies also want to address.
The UN Guiding Principles on Business and Human Rights make clear that companies have responsibilities for addressing human rights abuses in their supply chains. We shared our findings with the largest tobacco companies operating in Indonesia—Djarum, Gudang Garam, Philip Morris International (which owns Sampoerna), British American Tobacco (which owns Bentoel), and others. The large multinational tobacco companies have policies to prevent children from doing the most dangerous tasks on tobacco farms, but their policies are not strong enough, and they should do more to monitor for child labor when they buy Indonesian tobacco on the open market through traders.
The largest Indonesian companies—Djarum and Gudang Garam—do not appear to be taking any steps to prevent or address child labor in their supply chains. They have never responded to our many requests for information and meetings, and they do not make any information publicly available about their child labor policies.
These companies should not be profiting off the backs of Indonesian child workers.
Two months from now, the next tobacco-growing season will be underway, and children will be heading to the fields again. The controversy around the draft tobacco bill likely will not be resolved by then. But with decisive action, the Jokowi administration and tobacco companies could take steps to protect children from dangerous work in tobacco fields. Their futures depend on it.
This article was published on HRW's website on March 15, 2017.