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4/2016

Brewing up a sustainable
coffee supply chain
The social responsibility of coffee roasters
and private label coffee in Finland
This report has been produced as part of Finnwatchs
Decent work research programme and SUPPLY
CHA!NGE project.

Finnwatchs Decent work research programme is sup-


ported by:

This document has been produced with the nancial assistance


of the European Union. The contents of this document are the
sole responsibility of Finnwatch and can under no circumstances
be regarded as reecting the position of the European Union.

Finnwatch is a non-governmental organisation focussed on the global impacts of Finnish


business enterprises. Finnwatch is supported by ten development, environment and con-
sumer organisations and trade unions: International Solidarity Foundation, Kepa, Kehys
The Finnish NGDO Platform to the EU, Pro Ethical Trade Finland, Trade Union Solidarity Cen-
tre of Finland SASK, Attac, Finn Church Aid, Dalit Solidarity Network in Finland, Friends of
the Earth Finland and Consumers Union of Finland.

Author: Anu Kultalahti


Field research coordinators: Marcel Gomes, Nelson A. Meja Gonzles, Pramita Ray and Parvathi Madappa
Layout: Petri Clusius / Ambi ky
Publication date: October 2016
Cover photo: Marcel Gomes / Reprter Brasil

Translated from Finnish in part.


Contents

INTRODUCTION .................................................................................................................................. 4
1 GLOBAL COFFEE MARKET ............................................................................................................. 5
2 COFFEE SUPPLY AND PRODUCTION CHAINS ............................................................................ 6
3 THE PRICE OF COFFEE IS DETERMINED IN STOCK EXCHANGES ......................................... 9
4 SOCIAL RESPONSIBILITY OF COFFEE ROASTERS AND SELLERS IN FINLAND .................. 11
4.1 Arvid Nordquist HAB ................................................................................................................ 11
4.2 Oy Gustav Paulig Ab ................................................................................................................ 12
4.3 Oy Robert Paulig Roastery Ab .................................................................................................. 14
4.4 Lfbergs Lila Ab ........................................................................................................................ 14
4.5 Meira Oy .................................................................................................................................. 15
4.6 Small roasters .......................................................................................................................... 20
4.7 Private label coffee .................................................................................................................. 22
5 INTRODUCTION TO CASE STUDIES ............................................................................................ 27
6 CASE BRAZIL ................................................................................................................................. 28
6.1 Background: Labour rights issues in Brazil .............................................................................. 28
6.2 Methodology ........................................................................................................................... 34
6.3 Discrimination in recruitment at Fazenda NSG ....................................................................... 36
6.4 No signs of child labour ........................................................................................................... 36
6.5 Wages insufcient to afford even a basic living ...................................................................... 36
6.6 Lacking and degraded protective equipment; Fazenda NSG stands out positively ................ 38
6.7 Some workers have no rest day during the harvest season................................................... 39
6.8 Changes to workers accommodation arrangements ............................................................ 40
6.9 Workers have limited opportunities to have a say on terms of employment......................... 40
6.8 Litigation and administrative proceedings against the suppliers of Meira and Gustav Paulig 41
7 CASE HONDURAS ........................................................................................................................ 43
7.1 Background: Labour rights issues in Honduras ...................................................................... 43
7.2 Methodology ............................................................................................................................ 45
7.3 Informal, oral employment contracts ...................................................................................... 47
7.4 Child labour is common .......................................................................................................... 47
7.5 Piece-rate pay of less than half the minimum salary .............................................................. 49
7.6 Lacking protective equipment; no compensation for sick leave ............................................ 51
7.7 Problems with access to potable water and sanitation.......................................................... 51
8 CASE INDIA .................................................................................................................................... 54
8.1 Coffee sector in India .............................................................................................................. 54
8.1 Background: Labour rights issues in India ............................................................................... 54
8.2 Methodology ............................................................................................................................ 57
8.3 Tata Coffee .............................................................................................................................. 58
8.4 Seasonal migrant workers are charged high fees ................................................................... 58
8.5 Forced overtime and underage workers? ............................................................................... 60
8.6 Seasonal workers report pay below minimum wage ............................................................. 60
8.7 Lack of clarity over medical entitlements; lacking protective equipment .............................. 61
8.8 Problems with access to potable water and sanitation ......................................................... 65
8.9 Workers get free accommodation and child care ................................................................... 66
8.10 Workers voice........................................................................................................................ 66
9 CONCLUSIONS ............................................................................................................................. 68
RECOMMENDATIONS ..................................................................................................................... 70

3
Introduction

Year-on-year, Finnish people consume the even a basic but decent standard of living, or
most coffee per capita in the world. The to ease their way out of the poverty trap.
Finnish coffee market is dominated by the
Coffee is a pioneering crop for voluntary sus-
Finnish coffee roaster Oy Gustav Paulig Ab.
tainability standards, several of which aim to
Other signicant players in the market are
improve the livelihood of smallholder farmers
Meira Oy, owned by the Italian company
who have traditionally been seen as the
Massimo Zanetti Beverage Group, and the
most vulnerable actors in the coffee supply
Swedish coffee roasters Arvid Nordquist HAB
chain. As such, the overwhelming attention of
and Lfbergs Lila Ab. In addition, small-scale
various sustainability schemes in the coffee
coffee roasters1, which mostly operate locally
sector, including both certication schemes
or market their products online, have mush-
and industry initiatives, has been on the pro-
roomed in Finland in recent years.
ducer. The reduction of the cost of produc-
Coffee producing countries, including the tion and increase in yield, and the situation
worlds leading producers Brazil, Colombia of hired farm labour has received much less
and Viet Nam, are often considered risk coun- attention despite their signicance and large
tries. In other words, they are countries in numbers.
which there are issues to do with freedom of
This report explores the terms of employment
expression and association, political stability,
and working conditions in the supply chains of
governance, rule of law, and corruption.2 In
coffee sold and marketed in Finland.
risk countries, human rights protections are
also often weak. The rst four chapters of this report provide
an overview of the global coffee industry and
Human rights violations such as child labour
the coffee market in Finland, including the
continue to be directly associated with coffee
largest coffee roasters active in the Finnish
cultivation. Occupational health and safety
market and their approach to social respon-
issues are also common, especially in con-
sibility in their coffee supply chain. Social
nection with the use of pesticides. Poverty-
responsibility of grocery traders private label
related challenges in smallholder3 coffee
coffee is also discussed. The following three
farmers and coffee farmworkers food secu-
chapters provide case studies from Brazil,
rity need attention. Farmworkers are paid a
Honduras and India. Field research for the
low salary which is often insufcient to afford
case studies was conducted between July
1 The term small-scale roaster or small roaster is not
2015 and January 2016. The last chapter
strictly dened. A coffee roaster can be considered is dedicated to conclusions and recom-
small if it uses a roaster of one to 30 kg in capacity, the mendations to coffee producers, roasters,
process of roasting takes longer than in larger, indust-
rial roasteries, and it roasts between ve to 150 000 kg the grocery trade, voluntary sustainability
per year. Mid-size roasters roast between 100 000 to standards, and political decision makers in
300 000 kg per year. For more information see Huhto-
nen, Hanna-Maria, 2015, Suomalaiset pienpaahtimot Finland.
laatua ja paikallisuutta (in Finnish), Kirjakaari
2 See for example Business Social Compliance Initiative
This report has been produced as part of Finn-
(BSCI), List of risk countries, available at http://www.bs- watchs Decent work research programme.
ci-intl.org/resource/countries-risk-classication (acces- The programme is funded by Trade Union Pro,
sed on 29 July 2016)
3 Denition of smallholder vary according to crop and Tehy The Union of Health and Social Care
the social, cultural, economic and political context. Ty- Professionals in Finland, International Soli-
pically smallholders produce relative small volumes on
relatively small plots of land and have less resources
darity Foundation, Industrial Union TEAM,
than commercial-scale farmers. They may produce an Trade Union for the Public and Welfare Sectors
export commodity such as coffee as part of a portfo- JHL, Finnish Food Workers Union SEL and
lio of livelihood activities, and they may either depend
on family labour or hired labour or a combination of Service Union United PAM. The making of this
both. For more information see for example Ethical Tra- report has also been supported by the Euro-
ding Initiative, 2009, Smallholder guidelines, available at
http://www.ethicaltrade.org/resources/eti-smallholder-
pean Union funded SUPPLY CHA!NGE Make
guidelines (accessed on 21 September 2016) Supermarkets Fair project.
4
1 Global coffee market

The International Coffee Organization (ICO) is is exported.10 Several of the producing coun-
an intergovernmental cooperation organisation tries get as much as a half of their total export
for coffee exporting and importing countries. earnings from coffee.11
As of June 2016, it had 42 exporting members
In the calendar year 2014, the global consump-
in South and Central America, East Africa and
tion of coffee was around 150 million bags.12
South and Southeast Asia. Together these coun-
The eight13 ICO importing members represent
tries represented 98 per cent of the world coffee
approximately 83 per cent of world consump-
production.4
tion of coffee. In recent years, the demand for
Brazil has dominated world coffee produc- coffee has increased at about the rate of two
tion since the mid 19th Century. It is the worlds per cent per year. This is mostly due to increased
largest producer of arabica coffee. Viet Nam, the consumption in the producing countries and in
second largest coffee producing country in the emerging markets such as East Asia and Russia.
world, is the worlds largest producer of robusta In traditional coffee consuming countries in
(canephora).5 Robusta is cheaper to produce and Europe, North America and Japan the growth in
higher yielding than arabica.6 It is well suited coffee consumption has been modest although
to make instant coffees but also blended with they still account for over half of the total world
arabica to make espresso and other ground demand.14
coffees.7
Three-quarters of coffee drunk in the traditional
The world coffee production reached the highest consuming countries is roasted ground coffee
recorded level in the crop year 2012/13. Since of which 90 per cent has been roasted in the
then, the level of production has been in the country of consumption.15 The vast majority of
decline. In the crop year 2014/15, the world roasted ground coffees are blends made from
coffee production was around 140 million coffee from different origins. This decreases the
bags.8 One contributing factor to the falling coffee roasters dependence on the producers
coffee output has been the 2014 drought in and makes it easier to maintain the quality of the
Brazil. However, producing countries accumu- nal product despite the variation in bean quality
late stock which is used as a buffer towards and supply between harvest seasons.
supply threats.9 The vast majority of world
According to the International Trade Centre
coffee production approximately 80 per cent
(ITC) as of 2012, the exports of roasted coffee
had never exceeded 0.3 per cent of total coffee
exports from producing countries. This means
that the producing countries do not benet from
4 International Coffee Organization (ICO), Members of the the added value gained through roasting. There
International Coffee Organization, available at http:// are several barriers that limit the growth of
www.ico.org/members_e.asp (accessed on 27 July 2016)
importation of roasted coffee from the producing
5 International Trade Centre (ITC), 2012, The Coffee
Exporters Guide, available at http://www.intracen.org/ countries. Maybe the most signicant of these
The-Coffee-Exporters-Guide---Third-Edition/ (accessed on are the various tariffs imposed on imported, pro-
21 July 2015)
cessed coffee in the countries of consumption.16
6 Davidron B. & Ponte S., 2005, The Coffee Paradox: Glo-
bal Markets, Commodity Trade and the Elusive Promise of
Development, Zed Books 10 Faber, Yvette, 2014, Coffee market. In International Insti-
7 ITC, 2012, The Coffee Exporters Guide tute for Sustainable Development and the International
8 ICO, 2016, Annual Review 20142015, available at http:// Institute for Environment and Development, 2014, The
www.ico.org/documents/cy201516/annual-review- State of sustainability standards review 2014, available at
2014-15-e.pdf. In statistics on production and trade of https://www.iisd.org/pdf/2014/ssi_2014.pdf
coffee a coffee year instead of a calendar year is typically 11 ICO, Frequently asked questions: Why do we need an in-
used. The coffee year runs for 12 months from 1 October ternational organization to look after coffee?, availab-
to 30 September, reecting the global harvest season. A le at http://www.ico.org/show_faq.aspshow=1#sthash.
bag means 60 kg (or approximately 132 pounds) of cof- z5GGF2Uc.2Q5e7e6M.dpuf (accessed on 21 July 2015)
fee. See ICO, Glossary of terms used, available at http:// 12 ICO, 2016, Annual Review 20142015
www.ico.org/glossary.asp#sthash.rXkIsUPU.dpuf
13 Finland and other EU member countries are represented
9 ICO, 2015, Annual Review 201314, available at http:// in the ICO through the EU.
www.ico.org/documents/cy2014-15/annual-review-
14 ICO, 2016, Annual Review 20142015
2013-14-electronic-e.pdf
15 ITC, 2012, The Coffee Exporters Guide
16 Ibid. 5
2 Coffee supply and production chains

Conventional coffee supply chains are most salient human rights for a company are
complex. The supply chain structure and those that stand out as being most at risk.20
subsequently traceability vary between pro-
For coffee roasters, involvement in labour
ducing countries.
rights violations through their supply chain is
According to the ICO, the coffee value chains the most typical human rights risk, especially
provide employment to an estimated 26 at the level of primary production of raw
million people in producing countries.17 material. This means that in order to be able
Coffee cherries are still typically harvested to identify, prevent and mitigate their most
manually, and harvest remains the most salient human rights impact and where
labour intensive stage of coffee production.18 necessary, to remedy the victims coffee
Although mechanical harvest is becoming roasters must know beforehand which farms
more and more common, it is only possible and plantations are among the producers of
at lower growing regions where the ground their raw material. Without this knowledge,
is at and results in harvesting of cherries at coffee roasters cannot adequately assess
various levels of maturation which reduces their human rights impact and include the
the quality and sale value of the nal product. producers of their raw material within the
scope of their human rights due diligence
The sheer size of the conventional coffee
processes. Due to typical, conventional coffee
supply chain poses particular challenges for
supply chain structure, this is often still a
the coffee roasters to monitor the human
challenge.
rights impacts of their business opera-
tions. The majority (around 70 per cent) of For voluntary social sustainability standard-
the worlds coffee is grown by smallholder compliant supply chains, traceability has
farmers.19 Mainstream coffee roasters source always been of particular importance
their coffee from tens of thousands of farms, because only traceability enables credi-
and the largest international coffee houses ble sustainability claims regarding the nal
from hundreds of thousands of farms. Coffee product to be made. For these supply chains,
grown at different farms often gets mixed in various kinds of chain of custody certica-
processing mills or when it is being traded tion models have been developed to prevent
between cooperatives or other middlemen or regulate mixing of certied and non-cer-
(of which there can be multiple layers) and tied produce or products at every single
mills or exporters. step of the chain.21 However, without credi-
ble monitoring at source, traceability to the
Corporate responsibility to respect human
primary producer level on its own does little
rights requires all companies independent
to ensure socially responsible practices or
of their size or position in the supply chain
decent working conditions.
to have in place human rights due diligence
processes appropriate for their size and cir-
cumstances to identify, prevent, mitigate and
account for how they address their impacts
on human rights. This responsibility extends
across the companys entire value chain. The
20 For more information see UN, The corporate responsi-
bility to respect human rights An interpretive guide,
17 ICO, 2010, Employment generated by the coffee sec- available at http://www.ohchr.org/Documents/Publi-
tor, available at http://www.ico.org/documents/icc- cations/HR.PUB.12.2_En.pdf
105-5e-employment.pdf 21 See for example Finnwatch, 2016, Perspectives on the
18 Other particularly labour intensive stages include pru- quality of social responsibility monitoring schemes,
ning and weeding. available at http://www.Finnwatch.org/images/pdf/
19 See for example Panhuysen, S. & Pierrot, J., 2014, Cof- PerspectivesOnVSS_forweb.pdf. Examples of chain of
fee Barometer, available at https://hivos.org/sites/de- custody models include segregation and mass balan-
fault/les/coffee_barometer_2014_report_1.pdf ce.

6
Picture 1 Typical coffee supply chain.

Individual grower Small and medium Large estate (own


(family-run farm) sized farms processing mill)

Intermediaries (agents, traders and


cooperatives, possibly several layers)

Processing mills

Exporter

Importer

Roaster

Hotel, restaurant and


Wholesaler Private label
catering sector

Retailer

Consumer

7
Coffee and climate change

ICO has estimated that climate change is one of and efciency of the coffee brewing machine
the most important factors affecting future cof- as well as adding a dash of milk or serving the
fee production. Coffee is a sensitive crop and coffee from a paper cup also have a signicant
climatic conditions have a signicant impact impact on the product carbon footprint.26
on coffee yields. In addition, temperature and
In particular the smallholder coffee producers
rainfall have an impact on the quality of coffee
ability to respond to the challenges brought
cherries and the spread of plant diseases and
by climate change is limited. Many of the
pests. Heavy rainfall and strong winds also
suggested solutions and strategies to cope
further increase the soil erosion of the often
with the impacts of the changing climatic
already impoverished coffee lands. According to
conditions are structural or technical or require
recent predictions, the area suitable for coffee
diversication of production for which many
production may be halved in the future.22 This
of the smallholders have neither the resources
will lead to greater concentration of production
and possibilities to make the necessary invest-
areas, which will in turn increase the uctua-
ments, or the practical know-how.27
tions in coffee supply. At the same time, the
cost of production will increase as will the Voluntary social sustainability standards such
competition between coffee and other crops for as Global Coffee Platform28, Fairtrade29, Sus-
arable land.23 tainable Agriculture Network/Rainforest Alliance
(SAN/RA)30 and UTZ31 for example promote
Coffee cultivation, processing, shipping,
better farming practices and more efcient
roasting, packaging, distribution and con-
on-farm processing which help producers
sumption also have signicant environmental
to combat the impacts of climate change. In
impacts. Studies have shown that of these, the
addition, coffee industry actors are running
cultivation and consumption stages are likely to
the Coffee & Climate initiative which aims to
be the hot spots for environmental impacts
enable coffee farmers to effectively respond
and greenhouse gas emissions within the life
to climate change by offering hands-on tools
cycle of a typical coffee cup.24 Examples of
to farmers and sharing information on good
environmental issues at producer level include
farming practices.32 Gustav Paulig (see page 12)
the use of agrochemicals such as fertilizers and
and Lfbergs Lila (see page 14) are founding
pesticides and at times limited waste water
members of the Coffee & Climate initiative.
management systems. In Viet Nam and Indo-
nesia, and in new production areas such as in
Yunnan Province in China, coffee cultivation has
been expanding rapidly leading to deforestation,
loss of biodiversity and erosion.25
26 ITC, 2012, Climate Change and the Coffee Industry (re-
vised edition)
At the consumer level, consumer preferences
27 Ibid.
play a signicant role in determining the 28 In 2016, 4C Association for a Better Coffee World and
product carbon footprint of coffee. For example, the Sustainable Coffee Program joined forces to cre-
the estimates for a product carbon footprint ate the Global Coffee Platform. At the same time, the
verication operations of the 4C Entry Level Stan-
of exceedingly popular coffee capsules are dard, renamed as Baseline Common Code, were spun
signicantly higher compared with other forms off into a separate independent company, Coffee
Assurance Services. For more information, see Global
of packaging due to the emissions involved Coffee Platform, History, available at http://www.glo-
in the production of metal capsules. The type balcoffeeplatform.org/about/our-history (accessed on
31 August 2016). See also text box on Voluntary sus-
tainability standards in the coffee sector (page 17).
22 Climate Institute, 2016, A Brewing Storm The clima- 29 For more information see Fairtrade, available at http://
te change risks to coffee, available at http://www.cli- www.fairtrade.net/
mateinstitute.org.au/coffee.html (accessed on 31 Au- 30 For more information see Rainforest Alliance, availab-
gust 2016) le at http://www.rainforest-alliance.org/
23 ITC, 2012, Climate Change and the Coffee Industry (re- 31 For more information see UTZ, available at https://
vised edition) www.utz.org/
24 Ibid. 32 For more information see Coffee & Climate, available
25 Panhuysen, S. & Pierrot, J., 2014, Coffee Barometer at http://www.coffeeandclimate.org/

8
3 The price of coffee is determined
in stock exchanges

The market price of green coffee is deter- negotiations were held that led to the signing
mined at the futures markets in New of the International Coffee Agreement in
York (arabica) and London (robusta) stock 1962. The agreement established a quota for
exchanges. Between July 2015 and June 2016 the producing countries and a minimum price
coffee composite indicator price33 reported for green coffee. Since then, the Interna-
by the ICO ranged from 1.19 US dollars to a tional Coffee Agreement has been renewed
14-month high of 1.27 US dollars per pound between the ICO member countries in 1968,
(approximately 450g).34 This represents 1976, 1983, 1994, 2001 and 2007.37
approximately a seven per cent increase.
In 1989 the ICO members, largely due to
Such uctuation in price can have signi-
geopolitical goals of the US government,38
cant impact on the livelihood of primary pro-
could no longer come to an agreement over
ducers. A previous World Bank and Economic
the export quotas which led to their inde-
Policy Research Council study that investi-
nite suspension in the Agreement. When the
gated the impact of coffee price changes on
quotas were suspended, the production of
per capita incomes and poverty in Uganda
coffee increased rapidly. The biggest surge
found that a simulated 10 per cent increase
in supply came from Viet Nam, a country
in coffee prices resulted in a six per cent
that until then had been a minor producer of
poverty headcount reduction. A simulated 10
coffee but which now, with the encourage-
per cent decrease resulted in a slightly higher
ment and nancial support from the World
increase in poverty.35 The current increase in
Bank, increased its coffee production by
the ICO composite indicator price is largely
1,130 per cent.39 Subsequent oversupply
due to the strengthening of the Brazilian real
meant that the market price of green coffee
against the US dollar.36
crashed to an all time low at the turn of the
Sudden and at times turbulent changes in century. This had manifold consequences in
the price of green coffee are typical in the all producing countries. For example in Nica-
world coffee market. From 1930 to 1960, ragua, many lost their jobs and farms which
the price, demand and supply of coffee uc- led to homelessness and mass migration
tuated greatly due to economic depres- to cities. Farmer families went hungry and
sion, the Second World War and other world parents could no longer afford to put their
events. During this time, unprecedented rises children in school. The level of investment
in coffee prices were followed by drastic
drops which had serious political and eco-
nomic consequences for a large number of
coffee producing countries. In order to stabi-
lise the market and halt the fall of the prices, 37 ICO, Frequently asked questions, available at http://
www.ico.org/show_faq.asp?show=5 (accessed on 27
July 2016). The International Coffee Agreement 2007
33 The composite indicator price means the weighted entered into force in 2011 and will last for ten years,
average of daily prices for selected arabica and robus- with the possibility for extension. The objective of the
ta groups, calculated in accordance with procedures 2007 Agreement is to strengthen and promote sustai-
established under the International Coffee Agreement. nable expansion of the global coffee sector.
See ICO, Glossary of terms used 38 The US in the 1980s shifted its focus in Latin America
34 ICO, 12 July 2016, Coffee consumption increases as away from South America towards Mexico and Cent-
market hits 14-month high, available at http://icocof- ral America. This was apparent in the International
feeorg.tumblr.com/post/147286923545/coffee-con- Coffee Agreement negotiations where the US backed
sumption-increases-as-market-hits (accessed on 27 Central American states and Mexicos demands for a
July 2016) much bigger quota at the expense of Brazil and Afri-
35 Deininger, K. & Okidi, J.A. , 2003, Growth and poverty can producer countries. For more information, see for
reduction in Uganda, 19922000: Panel data evidence. example ITC, 2012, The Coffee Exporters Guide, and;
Development Policy Review 21(3): 481509 Jaffee D., 2007, Brewing justice: Fair trade coffee, sus-
36 ICO,12 July 2016, Coffee consumption increases as tainability, and survival, University of California Press
market hits 14-month high 39 Jaffee D., 2007, Brewing justice

9
in coffee farms as well as their up-keep
dropped signicantly. Recovery took years.40

Since the collapse of the quotas in the Inter-


national Coffee Agreement, the coffee market
has increasingly become a buyers market.41
Between 19891990 the producers share
of the retail price of coffee was approxi-
mately 20 per cent in the conventional coffee
market; ve years later it was only about 13
per cent.42 In 2012, the producers share of
the retail price of roasted ground coffee had
fallen to an estimated 7.2 per cent.43

Green coffee price uctuation, and the sub-


sequent uncertainty and unpredictability,
continues to be a serious risk factor for the
coffee farmers. Combined with the low price
paid to the producers for their produce it is
also one of the key contributing factors in the
exploitation of hired labour at coffee farms.44

40 See for example Jaffee D., 2007, Brewing justice; ICO,


2004, Lessons from the world coffee crisis: A serio-
us problem for sustainable development, available at
http://www.ico.org/documents/ed1922e.pdf; Bacon
C., 2005, Confronting the coffee crisis: Can fair trade,
organic and specialty coffees reduce small-scale far-
mer vulnerability in Northern Nicaragua?, World Deve-
lopment 33(3/2005):497511
41 Ponte S. & Gibbon P., 2005, Quality standards, con-
ventions, and the governance of global value chains,
Economy and Society, 34:131
42 See for example Talbot J.M., 1997, Where does your
coffee dollar go?: The division of income and surplus
along the coffee commodity chain, Studies in Compa-
rative International Development, 32(1):5691
43 ITC, 2012, The Coffee Exporters Guide
44 See for example Verite, 2012, Research on indicators
of forced labor in the supply chain of coffee in Guate-
mala, available at http://www.verite.org/sites/default/
les/images/Research%20on%20Indicators%20of%20
Forced%20Labor%20in%20the%20Guatemala%20
Coffee%20Sector__9.16.pdf

10
4 Social responsibility of coffee roasters
and sellers in Finland

In 2015, altogether more than 75 million 4.1 ARVID NORDQUIST HAB


kg of coffee were imported to Finland. The Swedish food and beverages company Arvid
vast majority of coffee imports to Finland Nordquist HAB produces its branded coffees
originated in Brazil, Colombia and Hondu- and imports groceries and other beverages to
ras, followed by Kenya and Tanzania. In addi- Nordic countries. Examples of brands it rep-
tion roasted coffee, in particular from the resents and markets in the Nordic countries
Netherlands, Sweden, Germany and Italy, was include such house-hold names as Del Monte,
imported to Finland. McVities and Tabasco.48

Table 1 Import of green and roasted coffee (by tonne) to Arvid Nordquists net turnover in 2015 was
Finland in 201545 1.7 billion Swedish krona (approximately
Coffee, not roasted, not Coffee, roasted, not 177 million euros) of which the share of the
decaffeinated decaffeinated coffee division was about 40 per cent.49
Imported Imported
Exporter quantity Exporter quantity Arvid Nordquists share of coffee retail sales
Brazil 33,512 Netherlands 3,561 in Finland is an estimated two per cent. Its
Colombia 17,540 Sweden 1,872 most popular coffee products in Finland are
Honduras 4,157 Germany 990 organic and Fairtrade certied Reko, and UTZ
Kenya 2,789 Italy 395 certied Franskrost and Festivita.50

Arvid Nordquists Operations Policy is based


on the Universal Declaration of Human Rights
The most sold coffee brands in Finland are (UDHR) and International Labour Organiza-
Gustav Pauligs Juhla Mokka and Meiras tions (ILO) Declaration on Fundamental Prin-
Kulta Katriina. Grocery retailers private label ciples and Rights at Work, and the company
coffees are also popular. For example Pirkka requires its suppliers to comply with these
Costa Rica is the second most sold coffee in principles also. The policy specically bans
Kesko stores after Juhla Mokka.46 The popu- child and forced labour and discrimination,
larity of dark roasts, instant coffees and and includes provisions on the use of safety
capsule coffees has increased signicantly in equipment, continuous improvement in the
Finland in recent years.47 working environment as well as the rights to
The following chapters introduce the social freedom of association and collective bar-
responsibility policies and practices of the gaining. However, it is also Arvid Nordquists
major coffee roasters present in the Finnish position that no coffee company can guaran-
coffee market and those of the growing tee that the coffee farms they source from
number of small-scale roasters and of meet the above mentioned social responsi-
grocery retailers in regard to their private bility criteria unless purchases are made from
label coffees. third-party certied and audited farms.51

45 ITC, Trade map, available at http://www.trademap.org/ 48 Arvid Nordquist HAB, Mit teemme, available at http://
46 Kesko, Matti Kalervo, email 2 July 2015 and SOK, Sari www.arvidnordquist./arvid-nordquist-hab/mita-teem-
Ristaniemi, email 21 August 2015 me/ledande-leverantor/ (in Finnish: accessed 8 June
2015); Tuotemerkit, available at http://www.arvidnord-
47 Paahtimoyhdistys, 2014, Suomalaiset juovat kah-
quist./arvid-nordquist-hab/tuotemerkit/ (in Finnish,
via edelleen enntystahtiin, available at http://www.
accessed 9 July 15)
kahvi.net/tiedotteet/tiedotteet-2014.html (in Finnish,
accessed on 9 July 2015); 2012, Kahvi maistuu suoma- 49 Arvid Nordquist HAB, Peter Dannqvist, email 27 June
laisille entiseen tapaan, available at http://www.kahvi. 2016
net/tiedotteet/tiedotteet-2012.html (in Finnish, acces- 50 Ibid.
sed on 9 July 2015) 51 Arvid Nordquist HAB, Operations Policy 2015

11
Arvid Nordquist buys approximately 13 the market leader.56 Pauligs Juhla Mokka is
million kg of green coffee each year from the most sold coffee brand in Finland.57
thousands of farms. It makes its purchases
Paulig Groups other main divisions are World
through approximately 30 different agents,
Foods & Flavouring, Snack Food and Natu-
brokers, and exporting and sourcing com-
rally Healthy Food.58 It has business opera-
panies. Contrary to other industrial coffee
tions in 13 countries. The Groups turnover
roasters covered in this report, 100 per cent
in 2015 was 905 million euros of which the
of Arvid Nordquists green coffee purchases
coffee divisions share was about 346 million
have originated from certied farms already
euros (38 per cent).59
since June 2014. Since then, about 84 per
cent of the green coffee it has purchased In 2014, Paulig bought the smaller roasting
has been UTZ certied and about 16 per company Robert Paulig which has continued
cent Fairtrade certied. In addition, a very to operate as an independent subsidiary
small proportion, approximately 0.1 per cent, under the Group as Oy Robert Paulig Roastery
has been Rainforest Alliance certied.52 The Ab (see below).60
majority of Arvid Nordquists UTZ certied
Paulig purchases over 50 million kg of
green coffee comes from Brazil, Colombia
green coffee each year. It makes its pur-
and Kenya. Its Fairtrade certied green coffee,
chases through approximately 30 traders
which is used to produce Reko for example,
and exporting companies. Pauligs 10 biggest
comes from Honduras, Peru, Ethiopia, Indo-
trading partners represent over 90 per cent
nesia and Laos.53 Going forward, Arvid Nor-
of its purchasing volume.61 Paulig has esti-
dquist intends to increase the proportion of
mated that their purchases correspond with
organic and Fairtrade certied coffee in its
the annual production of 1520,000 medium
purchases.54 For the purposes of this report,
sized coffee farms.62
Finnwatch received information from Arvid
Nordquist about the farms and cooperatives Paulig requires its suppliers to commit to its
from where its green coffee originates. Code of Conduct for Suppliers and cascade
the principles in the Code to their suppliers.
In addition to sustainability certications,
Paulig Groups Suppliers Code of Conduct is
Arvid Nordquist uses Ethos Internationals
based on the UDHR, ILO Core Conventions,
Ethos Supplier Assessment Tool (ESAT) to
the ten principles of the UN Global Compact
assess the risks in its supply chains by com-
and the OECD Guidelines for Multinational
paring suppliers self-assessments.55
Enterprises. The Suppliers Code of Conduct
includes a ban on child and forced labour and
discrimination, and provisions on the rights
4.2 OY GUSTAV PAULIG AB to freedom of association and collective bar-
Oy Gustav Paulig Ab, which is part of the gaining. National legislation must be followed
Paulig Group, is Finlands largest coffee concerning terms of pay and working hours.
roasting company and with its roughly 60 per In addition, the Code of Conduct for Suppliers
cent share of the coffee retail sales, clearly 56 Paulig Group, Seija Synevirta, email 10 April 2015
57 Paulig Group, Juhla Mokka Kahvin tarina, available at
http://www.paulig./tuotteet/juhla-mokka/kahvin-tari-
na (in Finnish, accessed 13 July 2015)
58 Finnwatch has previously investigated Pauligs pur-
chases of palm oil, see Finnwatch, 2014, The Law of
52 Arvid Nordquist HAB, Peter Dannqvist, email 27 June the Jungle, available at http://www.Finnwatch.org/
2016 images/palmoil.pdf
53 Arvid Nordquist HAB, Peter Dannqvist, email 1 April 59 Paulig Group, Yleist, available at http://www.pauligg-
and 10 August 2015 roup.com//index.php/about-us/ (in Finnish, accessed
54 Arvid Nordquist HAB, Peter Dannqvist, email 10 July on 8 June 2015)
2015 60 Roberts Coffee chain of coffee shops was not part of
55 Arvid Nordquist HAB, Peter Dannqvist, email 26 the deal.
April 2015. For more information about Ethos 61 Paulig Group, Seija Synevirta, email 28 July 2016
Internationals eSAT tool see http://www.ethosinter- 62 Paulig Group, Seija Synevirta, email 10 September
national.se/les/les/eSAT%20produktblad.pdf 2015

12
includes requirements on availability of a cooperative on the one hand and a pro-
potable water, adequate lighting, temperature cessing mill on the other, is different.67
and air conditioning and personal protec-
During the same period, about 40 per cent of
tive equipment. Suppliers are also expected
Pauligs conventional green coffee purchases
to take into account the rights of indigenous
could be traced to individual farm or planta-
peoples in their operations.63
tion. This gure is a global estimate that has
In 2015, Paulig Group classied the rst-tier been extrapolated from a sample. In reality,
suppliers in its supply chains on the basis of traceability varies between countries.68 On
country risks and supplier companies own the basis of further sample analysis Paulig
social responsibility policies and practices. has for example estimated that in Brazil, 95
The country risk analysis used by Paulig is per cent of its green coffee purchases can
based on Business Social Compliance Initia- be traced to cooperatives and 55 per cent to
tive (BSCI) list of risk countries and further farms and plantations.69 For the purposes of
supplemented with information obtained this report, Gustav Paulig shared with Finn-
from other sources such as the US Depart- watch a selection of traceability reports,
ment of States human rights reports and including exporter, trader, cooperative and
country proles. Supplier companies social producer names.
responsibility practices were mapped on the
Pauligs coffee selection includes both Fair-
basis of their self-assessments. According
trade and UTZ certied coffees. In 2013,
to Paulig, the suppliers risk categorisation
Paulig made a commitment to increase the
will be used to prioritise follow-up activi-
amount of certied green coffee in its pur-
ties, such as audits.64 These audits against
chases so that by the end of 2018, 100 per
Pauligs Suppliers Code of Conduct began in
cent of its green coffee purchases will be
2016 and are conducted by Paulig in-house
either third-party certied or compliant
and in some cases, also by external service
with the Global Coffee Platforms Baseline
providers.65
Common Code (i.e. veried). In 2014, six
The vast majority, about 7090 per cent per cent of Pauligs green coffee purchases
each year, of Pauligs green coffee comes were third-party certied or veried. In 2015,
from Brazil and Colombia. In addition, Paulig the share of certied or veried coffee in
sources green coffee from Central Ameri- its buying volume rose to 20 per cent, and
can and East African countries, and small Pauligs goal for 2016 is to bring it to 40 per
amounts from other countries such as cent. This covers also Pauligs sourcing for
India.66 In 2014 and 2015, 89 per cent of the private label coffees it produces for other
Pauligs conventional (i.e. not certied or veri- companies.70
ed) green coffee purchases could be traced
Paulig is a member of the Global Coffee Plat-
to processing mills or cooperatives. Whereas
form (see text box on Voluntary sustainability
a cooperative has a dened supply base
standards in the coffee sector, page 17). In
(i.e. its members), processing mills do not
addition, it is a founding member of Coffee
necessarily have a known supply base as an
unknown, varying range of producers can sell
67 Paulig Group, Seija Synevirta, email 2 September
their coffee to a processing mill. This means 2016. It should be noted that sometimes cooperatives
that traceability to a farm or plantation from also buy from non-members or trade with other inter-
mediaries.
68 Paulig Group, Vastuu hankintaketjussa ulottuu kauas
63 Paulig Group, The Paulig Group Code of Conduct for ja lhelle, available at http://www.paulig./yhteiskun-
Suppliers, 2014, http://www.pauliggroup.com//les/ tavastuu/hankinta (in Finnish, accessed 8 June 2015);
Paulig-Group-Code-of-Conduct-for-Suppliers.pdf Paulig Group 2016, Pavusta kuppiin Yritysvastuura-
64 Paulig Group, Seija Synevirta, email 4 and 22 May portti 2015, available at http://www.paulig./vastuulli-
2015 suus/raportointi (in Finnish)
65 Paulig Group, Seija Synevirta, email 28 July 2016. The 69 Paulig Group, Seija Synevirta, email 22 May 2015;
risk classication of suppliers does not only apply to see also Paulig Group, 2016, Pavusta kuppiin Yritys-
Pauligs coffee supply chains but covers other raw vastuuraportti 2015. It should be noted that largest
materials and products in its product range as well. cooperatives in Brazil have thousands of members.
66 Paulig Group, Seija Synevirta, email 10 April 2015 70 Paulig Group, Seija Synevirta, email 17 October 2016

13
& Climate initiative (see text box of Coffee In addition, Robert Paulig Roastery has
and climate change, page 8) and Interna- made a decision to start sourcing in 2017
tional Coffee Partners. International Coffee green coffee produced under the auspices
Partners offer smallholder farmers technical of for example International Coffee Partners
assistance in coffee growing and diversica- projects.
tion of production with a view to improving
the yield and quality of their coffee, their
market access and their livelihood. Inter-
national Coffee Partners projects are often 4.4 LFBERGS LILA AB
prepared and implemented in cooperation Swedish coffee company Ab Anders Lfberg
with other actors, including local or national has operations in approximately 10 Northern
organisations, international NGOs and certi- European countries. One of its subsidiaries,
cation bodies, and development agencies and Lfbergs Lila Ab, is responsible for the Lfberg
governmental organisations.71 Groups coffee and tea product development
and the marketing of Lfbergs Lilas coffee
products in Finland. In 2015, the turnover
for Lfberg Group and Lfbergs Lila was 1.7
4.3 OY ROBERT PAULIG ROASTERY AB billion Swedish krona (approximately 177
Oy Robert Paulig Roastery Ab is an inde- million euros) and 1 billion krona (approxi-
pendent subsidiary of Paulig Group. The mately 104 million euros) respectively.75
turnover of Robert Paulig Roastery, which is
Lfbergs Lilas share of coffee retail sales in
focussed in speciality72 and gourmet coffees,
Finland is less than ve per cent. Its most
was in 2015 approximately 3 million euros.
sold coffee brands in Finland are Crescendo,
Robert Paulig Roasterys most sold coffee Kharisma and Magnika, all of which have
brand is non-certied Dark Roast Coffee. It been carrying the Rainforest Alliance label
uses about 400,000 kg of green coffee each since March 2016. About 15 per cent of all
year which mainly comes from Brazil, Colom- Lfbergs Lila coffees sold in Finland is Fair-
bia and Guatemala.73 trade certied.76

Robert Paulig Roasterys coffee selec- In 2015, Lfbergs Lila purchased an estimated
tion includes one UTZ certied coffee but 29.5 million kg of green coffee sourced
according to the roastery, 50 per cent of its from exporters and cooperatives in culti-
green coffee in 2015 was UTZ certied. 74 vating countries, mostly in Brazil, Colombia,
Central America, Ethiopia and Kenya.77 Lf-
Robert Paulig Roastery makes its green
bergs Lila estimates that the coffee it uses
coffee purchases through Gustav Pauligs
has been grown at around 40,000 farms in
sourcing team. Gustav Pauligs goal to
total. According to Lfbergs Lila, it can trace
increase the share of certied and veried
the origins of their coffee at least to the pro-
green coffee gradually to 100 per cent also
cessing mill and in several cases also to
covers sourcing for Robert Paulig Roastery.
the farm or plantation level. However, apart
71 International Coffee Partners, Our vision, available at from Fairtrade certied coffee, Lfbergs Lila
http://www.coffee-partners.org/about-us/our-vision; refused to share details of the farms in its
Frequently asked questions, available at http://www.
coffee-partners.org/about-us/faq (accessed on 22 Au- supply chain with Finnwatch, invoking con-
gust 2016) dentiality on the grounds of trade secrecy.
72 There is no universally accepted denition of the term Lfbergs Lila also did not want to disclose the
speciality coffee. It is generally understood to mean
either coffee which commands a premium price over
other coffees due to its higher quality, or coffee which 75 Lfbergs Lila, About Us, available at http://www.
is perceived by consumers as being different from the lofbergslila.com/en/About-us/ (accessed 6 June
widely available mainstream brands of coffee. See for 2015); Sustainability Report 2014/2015, available at
example ICT, 2012, The Coffee Exporters Guide http://www.abanderslofberg.com/wp-content/uplo-
73 Robert Paulig Roastery, Juhani Oranen, email 15 Au- ads/2015/01/lofberg-sustainability-report-2014-2015_
gust 2016 printable-version.pdf
74 Robert Paulig Roastery, Juhani Oranen, email 15 Au- 76 Lfbergs Lila, Eva Eriksson, email 30 June 2016
gust 2016 77 Ibid.

14
names of the exporters it buys from to the by visiting its most important coffee pro-
public.78 ducers every one to three years. The number
of visits vary according to the results of risk
Lfbergs Lila requires its suppliers to sign
assessments which are based on the Human
its Ethical Guidelines for Purchasing Green
Development Index (HDI) and BSCI list of risk
Coffee and Tea. These guidelines are based
countries. During the visits, the producers are
on the ten principles of the UN Global
assessed in regard to quality, delivery per-
Compact and ILO Core Conventions, and
formance, price and social responsibility. The
explicitly cover both permanent and seasonal
assessment concerning social responsibility
workers on coffee and tea plantations. The
is benchmarked against the Global Coffee
guidelines include a ban on child and forced
Platforms Baseline Common Code.
labour and a requirement that collective bar-
gaining be allowed. The workers who come Lfbergs Lila is one of the founding members
into contact with pesticides must be pro- of the Global Coffee Platform (see text box
vided with training in safety issues, personal on Voluntary sustainability standards in the
protective equipment and the opportunity to coffee sector, page 17), Coffee & Climate ini-
take care of personal hygiene. The guidelines tiative (see text box of Coffee and climate
limit the number of weekly working hours change, page 8) and International Coffee Part-
to 48 and a maximum of 12 hours of appro- ners (see page 13).82
priately paid, voluntary overtime. The guide-
lines also require the workers pay to be suf-
cient to cover the fundamental requirements
of water, food, shelter, clothing and basic 4.5 MEIRA OY
education for children; however, according to Meira Oy is owned by Massimo Zanetti
Lfbergs Lila, this in practice means a legally Beverage Group, one of Europes largest
set minimum wage.79 coffee companies. Massimo Zanetti Beverage
Group has operations in over a hundred
In 2015, 47.3 per cent of green coffee pur- countries and its turnover in 2015 was 942
chased by Lfbergs Lila was third party certi- million euros.83 Its internationally well-known
ed. Of this, 34.5 per cent was Fairtrade, 33.4 brands include for example Segafredo and
per cent Rainforest Alliance and 15 percent Boncaf.84
UTZ certied.80 The company aims to increase
the amount of certied green coffee in its Meira markets Massimo Zanetti Beverage
purchases so that by 2020, green coffee used Groups products in Finland, the Baltic coun-
for all company-owned branded products will tries and Denmark. In addition to coffee
be certied. This does not necessarily cover Meira also produces spices. Meiras turno-
all private label products it produces for other ver in 2015 was approximately 85 million
companies, as it says it does not have full euros.85 It has subsidiaries in both Estonia
control over these.81 and Denmark.

Lfbergs Lila says that it monitors the social Meiras market share of coffee retail sales in
responsibility of its conventional green coffee Finland is about 23 per cent. Its most popular
coffee brand Kulta Katriina is one of the most
sold coffee products in Finland. In Meiras
78 Lfbergs Lila, Eva Eriksson, emails 7, 14, 17 and 22
April 2015
79 Ab Anders Lfberg, 2008, Ethical guidelines for pur-
chasing green coffee and tea Code of Conduct and
Lfbergs Lila, Eva Eriksson, email 1 July 2015 82 Lfbergs Lila, Eva Eriksson, email 22 April 2015; Sus-
80 Lfbergs Lila, Eva Eriksson, email 30 June 2016. These tainability Report 2014/2015. See also UNDP Human
gures have not been adjusted for double-certica- Development Index (HDI), available at http://hdr.undp.
tion. A large proportion of Lfbergs Lilas green cof- org/en/content/human-development-index-hdi
fee is double certied. Fairtrade / organic is the most 83 Meira, Raimo Sinisalo, email 4 July 2016
common type of double certication, totalling 31,4 84 Massimo Zanetti Beverage Group, Brands, available at
per cent of all of Lfbergs Lilas purchases of certied http://www.mzb-group.com/en/brands (accessed on
green coffee. 9 June 2015)
81 Lfbergs Lila, Eva Eriksson, email 17 October 2016 85 Meira, Raimo Sinisalo, email 4 July 2016

15
selection, there is one Fairtrade certied conditions of the coffee shipping container,
coffee, Meiran Reilu kahvi.86 preparation and handling of green coffee at
the place of origin, and fumigation and punc-
Meira purchases annually about 1213 million
tuality of delivery. The guidelines also include
kg of green coffee mainly from Brazil, Colom-
provisions on social responsibility which the
bia and Honduras. Of this, approximately
coffee seller must comply with while also
1.3 per cent is Fairtrade certied. Meira
guaranteeing the compliance of its suppliers
sources green coffee through Coroasters,
with the same criteria.90
a sourcing company which is part of the
Massimo Zanetti Green Coffee Group. About In regard to social responsibility, Co-
70 per cent of the green coffee used by Meira roasters supplier guidelines ban child and
comes from Coroasters own processing forced labour and discrimination. Freedom
mills and export companies.87 of association as well as personal protective
equipment relevant to a workers tasks, and
Thousands of coffee farmers supply Co-
hygienic toilets both at workplace and dor-
roasters processing mills with their coffee.
mitories where applicable, are required. Cor-
According to Meira, because of the large
poral punishment is forbidden, and national
number of suppliers it is impossible to trace
legislation must be followed in terms of
the origins of a particular coffee shipment all
working hours, holiday provision, minimum
the way to a farm or plantation. Traceability
pay and overtime pay. In order to assess
is, however, possible at least to the level of
compliance with these requirements, Co-
the export company.88 For the purposes of
roasters retains the right to visit the facilities
this report, Meira shared with Finnwatch
of its immediate suppliers and their suppliers
information such as the names of large
if necessary. Visit reports are internal and
cooperatives and some individual farmers
condential.91 Audits against the supplier
that supply Coroasters processing mills.
guidelines were began at the time of writing
About 25 per cent of all Meiras green coffee of this report in June 2016 with an audit of
comes via the Nossa Senhora de Guia pro- the Nossa Senhora de Guia processing mill/
cessing mill/export company in Brazil. One export company. They are rst or second-
of the primary suppliers of Nossa Senhora party audits conducted by Coroasters or its
de Guia is Fazenda NSG and about 20 per subsidiaries.92
cent of Meiras green coffee has been grown
at Fazenda NSG (see Chapter 6). Like Co-
roasters, both Nossa Senhora de Guia and
Fazenda NSG are also part of the Massimo
Zanetti Green Coffee Group.89

Although Meira has in place its own ethical


guidelines, the monitoring of social respon-
sibility of its green coffee purchases is
assigned to the sourcing company Co-
roasters. In 2015, Coroasters adopted
non-public supplier guidelines which Meira
has shared with Finnwatch. The guidelines
include, for example, requirements for the

90 Meira, Marleena Bask, email 27 April and 7 May 2015;


86 Meira, Marleena Bask, email 13 April 2015 Coroasters, 2015, Suppliers Guidelines
87 Meira, Marleena Bask, email 13 April 2015. Both Mas- 91 Coroasters, 2015, Suppliers Guidelines
simo Zanetti Beverage Group and Massimo Zanetti 92 Meira, Raimo Sinisalo, email 4 July 2016. For more in-
Green Coffee Group are owned by Massimo Zanetti. formation of differences between rst, second and
88 Meira, Marleena Bask, email 13 April, 27 April and 14 third-party audits see for example Finnwatch report
August 2015 Perspectives on the quality of social responsibility
89 Meira, Marleena Bask, email 5 May, 15 June and 14 monitoring schemes, available at http://Finnwatch.
August 2015 org/images/pdf/PerspectivesOnVSS_forweb.pdf

16
Voluntary sustainability standards in the coffee sector

Coffee is one the pioneering industries for pack, it drops to 30 per cent only.97 There is no
sustainability initiatives and certication, and consumer-facing label for coffee produced in
coffee was among the rst certied products in conformity with the Baseline Common Code
the world.93 In the 2000s, both the number of principles.
sustainability initiatives as well as the produc-
Standard-compliant and other value-added
tion of and demand for sustainability standard-
markets typically offer the producers a price
compliant coffee increased rapidly.94 By
premium on top of the market price for coffee
denition, all certication schemes are based
that has specic attributes (for example, fair,
on codes of conduct and criteria with which the
sustainable, organic, high quality). The amount
certied producer must comply. The producers
of the premium can vary from zero per cent
compliance is assessed for example through
upwards.98 Fairtrade is, however, the only
regular audits. The most common sustainability
sustainability initiative that guarantees the cof-
initiatives in the coffee sector are the certica-
fee producers a set minimum price.99 Currently,
tion schemes Fairtrade, Sustainability Agricul-
it is more common that the amount of premium
ture Network/ Rainforest Alliance (SAN/RA) and
is negotiated on a case-by-case basis.100
UTZ, and the Global Coffee Platforms Baseline
The price premium is usually at least in part
Common Code verication scheme, which is
intended to cover the higher production cost of
an entry level standard for coffee producers
standard-compliant coffee; however, one of the
with relatively weak minimum requirements for
challenges for the sustainability schemes is that
compliance.95
the supply of standard-compliant coffee is still
One reason for the growing consumer demand greater than the demand. This leads to a situa-
of socially responsible coffee was the coffee tion where producers cannot sell all of their
crisis at the turn of the century which increased standard-compliant production to value-added
awareness among consumers over the harsh markets and therefore do not benet from price
working and living conditions at coffee farms premiums in full.101
and plantations (see Chapter 3).96 Fairtrade,
Rainforest Alliance and UTZ certied coffees
are recognisable to consumers from a label
that can be used to market a nal product 97 In the case of Rainforest Alliance, if the quantity of
certied coffee in the pack is less than 90 per cent
under certain conditions. For example, in a pack the quantity must be specied. See Rainforest Allian-
of coffee that carries the Fairtrade label, 100 ce, 2014, Requirements and Guidelines for use of the
Rainforest Alliance Trademarks, available at http://
per cent of the coffee inside must be sourced www.rainforest-alliance.org/sites/default/les/uplo-
from standard-compliant producers; in a UTZ ads/4/rainforest-alliance-marks-guide.pdf
labelled coffee pack, the threshold is 90 per 98 In 20112012, price premiums between 1 to 30 per
cent were reported. Highest premiums were reported
cent whereas in a Rainforest Alliance labelled for Fairtrade / organic double certication and lowest
for Baseline Common Code (at the time, 4C) compli-
ant coffee. See Faber, Yvette, 2014, Coffee Market
99 When the market prices are higher than the Fairtra-
de minimum price, the producers are paid the market
price or a negotiated price. In addition, Fairtrade pro-
ducer organisations are always paid a social premium
93 See for example Reinecke J., Manning S., & von Hagen which is different to price premium in other stan-
O., 2011, The Emergence of a standards market: Mul- dards. See Fairtrade International, Minimum price and
tiplicity of sustainability standards in the global coffee Premium information, available at http://www.fairtra-
industry, Organisation Studies, 33 (5/6):789812 de.net/standards/price-and-premium-info.html (acces-
94 Between 2008 and 2012, the annual growth rate of sed on 22 July 2016)
standard-compliant coffee production was 26 per 100 See for example UTZ, UTZ Guidance document UTZ
cent. See Faber Yvette, 2014, Coffee Market Premium (Version July 2015), available at https://
95 Fairtrade, Rainforest Alliance and UTZ are all members www.utz.org/wp-content/uploads/2015/12/Pre-
of the Global Coffee Platform. mium-Guidance-document-UTZ.pdf
96 ITC, 2011, Trends in the trade of certied coffees, avai- 101 For example in 2012, only 25 per cent of standard-
lable at http://www.intracen.org/Trends-in-the-trade- compliant production was sold to value-added mar-
of-certied-coffees/ (accessed on 22 July 2016) ket. See Faber, Yvette, 2014, Coffee Market

17
Table 2 Standard-compliant coffee production in 2012102

Baseline Fairtrade Rainforest UTZ


Common Alliance
Code103
% of the total certied of veried coffee 42 10 6 17
production104
% of global coffee production 22 5 3 9
% of production sold as standard-compliant105 8.5 30 68106 26

Table 3 Standard-compliant coffee production and consumption by country

Baseline Fairtrade Rainforest Alliance UTZ


Common
Code107
Top producing Brazil (55%) Colombia (28%) Brazil (33%) Brazil (33%)
countries in 2012108 Viet Nam (20%) Peru (16%) Colombia (11%) Vietnam (22%)
Colombia (15%) Brazil (13%) Peru (11%) Colombia (11%)
Indonesia (7%) Vietnam (8%) Honduras (9%)
Top consuming n/a USA, United Kingdom, Europe Netherlands, Nordic
countries in 2009109 Germany, France countries, Belgium,
Switzerland

The various sustainability initiatives have Voluntary social sustainability standards have
different goals and therefore, emphasize repeatedly been criticised for not being able to
different aspects of sustainability and have achieve their intended impact. This is especially
set different requirements for compliance. For the case in regard to social sustainability and
example, Sustainable Agriculture Standard has labour rights, and in part due to ineffective
traditionally been focussed primarily on biodi- audits which fail to identify non-compliance.
versity preservation although it also includes Subsequently, attempts have been made to
criteria for social sustainability. Fairtrade only improve the quality of audits, and the criteria
works with smallholder coffee producers who for standard-compliant production have been
are organised into democratic cooperatives revised and further developed. The monitoring
whom it aims to help overcome poverty (i.e. of the long-term, systemic impact of the
not large plantations or individual farmers).110 schemes has also been improved. For example,
Despite such differences, there is also con- the coffee sector sustainability initiatives,
siderable overlap between the sustainability including certication schemes and industry-led
initiatives and in recent years, several schemes initiatives, have been criticised for ignoring the
have started to cooperate and introduced for coffee producers dependence on hired labour
example mechanisms for mutual benchmarking in their criteria and efforts, and existing studies
against each others criteria with a view to specic to the coffee sector point to little
reduce the cost and other burden of multiple positive impact in improving the livelihood of
certications and audits on the producers. hired labour at coffee farms and plantations.111
In 2013, Global Living Wage

111 See for example Lyon S., 2015, The Hidden Labor of
102 Faber, Yvette, 2014, Coffee Market
Fair Trade. Labor: Working Class History of the Ameri-
103 At the time, 4C
cas 12(12):159-176; Fair Trade, Employment and Po-
104 Other sustainability schemes included in the sour- verty Reduction Project, 2014, Fairtrade, Employment
ce data but that are not considered in this table are and Poverty Reduction in Ethiopia and Uganda, avai-
Nespresso AAA Sustainable Quality, Starbucks Coffee lable at http://ftepr.org/wp-content/uploads/FTEPR-
and Farmer Equity (C.A.F.E.) Practices and organic. Final-Report-19-May-2014-FINAL.pdf; Committee on
105 These gures have not been adjusted for the diffe- Sustainability Assessment, 2013, The COSA measu-
rences in coffee year (production) and calendar year ring sustainability report Coffee and cocoa in 12
(sales). countries, available at https://thecosa.org/news-and-
106 This gure applies to year 2011. insight/publication/the-cosa-measuring-sustainabili-
107 At the time, 4C ty-report/ (accessed on 22 July 2016); Valkila J. & Ny-
108 Faber, Yvette, 2014, Coffee Market gren A., 2009, Impacts of fair trade certication on
coffee farmers, cooperatives, and laborers in Nicara-
109 ITC, 2011, Trends in the trade of certied coffees
gua. Agriculture and Human Values 27(3):321-333
110 In other crops, Fairtrade also works with plantations.
18
Table 4 Summary of the certication and auditing scheme comparison table in the Finnwatch re-
port Perspectives on the quality of social responsibility monitoring schemes

Baseline
Rainforest
Common Fairtrade UTZ SA8000113
Alliance
Code112

Impartiality 3 5 2 2 3
(max score 8)
Transparency 1 3 2 1 3
(max score 7)
Comprehensiveness and -3 3 0 0 1
quality of criteria
(max score 5)
Traceability and con- 0 1 0 1 0
sumer communications
(max score 1)
Impact 2 2 1 2 -1
(max score 2)

Total score (max 23) 3 14 5 6 6

Coalition, an initiative between six sustainability


standards to improve wage levels for hired
labour in certied supply chains, was estab-
lished. Fairtrade, SAN/RA and UTZ are members
of the Global Living Wage Coalition.114 To date,
Global Living Wage Coalition has produced one
benchmark study specically for the needs of
the coffee growing industry (see Chapter 6.5).

In April 2016, Finnwatch published a report Per-


spectives on the quality of social responsibility
monitoring schemes115 in which 16 different
social responsibility monitoring schemes were
compared in ve categories: impartiality, trans-
parency, comprehensiveness and quality of the
criteria, traceability and consumer communica-
tions, and impact (see Table 4). Fairtrade, which
was superior to other schemes in comprehen-
siveness and quality of criteria, fared also best
in the overall comparison.

112 At the time, 4C


113 SA8000 is a production facility certicate for socially
sustainable workplaces. It is included here because
the Anandapura plantation included in the case stu-
dies (see Chapter 8) is SA8000 certied.
114 The other members of the Global Living Wage Coali-
tion are Forest Stewardship Council, Goodweave and
Social Accountability International, the owner of the
SA8000 Standard. For more information see ISEAL
Alliance, Global Living Wage Coalition, available at
http://www.isealalliance.org/our-work/improving-ef-
fectiveness/global-living-wage-coalition (accessed on
22 July 2016)
115 The full report is available at http://Finnwatch.org/
images/pdf/PerspectivesOnVSS_forweb.pdf
19
4.6 SMALL ROASTERS Life Coffee119), InterAmericanCoffee (Porvoon
According to estimates, there are more than Paahtimo120, Rovaniemen Kahvipaahtimo121,
twenty small roasters in Finland today.116 Cafetoria122), Nordic Approach (Good Life
Small roasters differ in comparison to larger, Coffee123, Punainen Kirahvi124, Rovaniemen
industrial roasters in regard to volume, Kahvipaahtimo125, Six Pot126). InterAmerican-
and the type of machinery and time used Coffee is a trader of speciality coffee that
for roasting coffee.117 For the purposes of sells both certied and non-certied green
this report, Finnwatch contacted 20 small coffee to both small and large roasters.127 It
roasters of which half responded to the is part of the Neumann Kaffee Gruppe which
survey.118 is one of the worlds largest green coffee
trading companies with a 10 per cent market
The smallest of the roasters that responded share of the global green coffee market.128
to Finnwatch purchase only about 500 kg of The operating model of both Collaborative
green coffee per year and the biggest about Coffee Source129 and Nordic Approach130 is,
30,000 kg. They purchase their coffee from a according to information on their websites,
wide range of producing countries including based on long and transparent business rela-
Australia, Brazil, Burundi, Colombia, Costa tionships with the coffee farmers. On their
Rica, Cuba, Dominican Republic, El Salvador, websites there is, however, no information
Ethiopia, Guatemala, Honduras, India, Indone- regarding social responsibility criteria or
sia, Kenya, Malawi, Mexico, Nepal, Nicaragua, labour rights standards required from the
Panama, Tanzania and Thailand. producers.
Due to their small size and relatively limited Collaborative Coffee Source told Finnwatch
resources small roasters have completely dif- that its most important criteria when making
ferent leverage in regard to labour rights in purchases is the quality of coffee and the
their supply chains compared with the larger farmers ability to produce high-quality
roasters. However, according to the small coffee year-on-year. Farmers are expected
roasters which responded, sustainability is a to follow national minimum age legislation
key value to many of them. but this is not monitored and other social
In order to ensure sustainability of their pur- responsibility criteria are not set. Instead,
chases, small roasters typically purchase the thinking is that the farmer knows best
coffee from international sourcing companies what is locally appropriate and desirable in
which they perceive as responsible actors
such as Collaborative Coffee Source (Good 119 Good Life Coffee, Samuli Ronkanen, email 16 April
2015
120 Porvoon Paahtimo, Linda Pokki, email 14 April 2015
121 Rovaniemen Kahvipaahtimo, Tuomas Kumpula, email
116 Speciality Coffee Association of Europe Finnish 21 July 2016
Chapter / Suomen Baristayhdistys, Karoliina Mkel, 122 Cafetoria, Mia Nikander, email 29 August 2016
email 9 April 2015. See also Huhtonen Hanna-Maria, 123 Good Life Coffee, Samuli Ronkanen, email 16 April
2015, Suomalaiset pienpaahtimot 2015
117 Huhtonen Hanna-Maria, 2015, Suomalaiset pienpaah- 124 Punainen Kirahvi, Tommi Hulkkonen, email 19 May
timot 2015
118 Cafetoria, Good Life Coffee, Helsingin Kahvipaahti- 125 Rovaniemen Kahvipaahtimo, Tuomas Kumpula, email
mo, Mokkapuu, Paahtimo Papu, Porvoon Paahtimo, 22 July 2016
Punainen Kirahvi, Rovaniemen Kahvipaahtimo, Six
126 Six Pot, Hannu Mastosalo, email 29 July 2016
Pot and Warrior Coffee responded to Finnwatch and
127 InterAmericanCoffee, Our Coffees, available at http://
gave the organisation information regarding the ori-
www.iaccoffee.de/iac-coffees.html (accessed on 23
gins of their coffee and on how they monitor social
August 2016)
responsibility in their supply chains. Of the small ro-
asters contacted by Finnwatch, Johan & Nystrm, 128 Neumann Kaffee Grouppe, Facts and gures, avai-
Kaffa Roastery, Kaffe Obscura, Kafino, Lapland Roast lable at http://www.nkg.net/aboutus/factsandgures
/ Aito Lapin Paahto, Lohjan Paahtimo, Mokkamesta- (accessed on 23 August 2016)
rit, Pirkanmaan Paahtimo, Tampereen Paahtimo and 129 Collaborative Coffee Source, We Are, available at
Turun Kahvipaahtimo either did not respond or did http://collaborativecoffeesource.com/about/ (acces-
not share the requested information. The current sed on 9 June 2015 )
owners of Kafino regretted that at the time, they 130 Nordic Approach, About Us, available at http://www.
had only just taken over the roaster and therefore, nordicapproach.no/about-us/#who (accessed on 9
were not in the position to respond. June 2015)

20
regard to the treatment of workers.131 In Collaborative Coffee Sources sourcing model
discussions between Collaborative Coffee could be described as direct trade. Of the
Source and producers, farming techniques small-scale roaster that responded to Finn-
and know-how are emphasized as well as watchs survey, Helsingin Kahvipaahtimo134
making sure, that the price paid for green and Cafetoria135 also engage themselves in
coffee is sufcient to cover the cost of pro- direct trade, and Punainen Kirahvi136 only
duction. The price paid for green coffee is uses sourcing companies that use direct
negotiated directly with the farmer who is trade. In addition some others said that they
typically paid above the market price for high have made direct trade their future goal
quality produce. Although the underlying (Rovaniemen Kahvipaahtimo137).
assumption is that production of high quality
There is currently no universally agreed de-
coffee requires a highly capable and moti-
nition of direct trade sourcing model.138 It
vated workforce, and that in order to be able
is generally understood to mean that buyers
to attract such workers, producers must pay
negotiate over the price of green coffee
their workers at least the minimum wage or
directly with the producers and not with the
a higher wage than the other producers do,
intermediaries or exporters. Purchasing deci-
Collaborative Coffee Source does not set cri-
sions are guided by the quality of the green
teria regarding wage levels and the level of
coffee, and high quality typically corresponds
wages paid to the workers is not being moni-
with higher than the market price paid to the
tored. Collaborative Coffee Source might
producer. Some roasters, however, have set
observe working conditions at coffee farms it
more specic conditions for their direct trade
buys from during occasional farm visits, but
purchases. For example, Johan & Nystrm
there is no other form of monitoring in place
claim to pay at least 25 per cent on top of
such as systematic audits. The farm visits
the Fairtrade minimum price for direct trade
do not necessarily entail interviews with
coffee and emphasize environmental respon-
the workers and when they do, the owner
sibility.139 Typically, the proponents of direct
of the farm or a foreman often acts as the
trade monitor the social responsibility of
interpreter.132
the producer through occasional farm visits
According to the Collaborative Coffee Source, or not at all. Like with Collaborative Coffee
their customer roasting companies are typi- Source, a correlation between the high
cally interested in traceability and quality quality of coffee and good working conditions
assurance methods and processes used and wage levels is largely assumed.
by the farmers. In addition, roasters are
Finnwatch is critical about second-party
interested in transparency of the supply chain
unstructured farm visits as a tool for
and the distribution of the price paid for
green coffee among the supply chain actors.
According to the Collaborative Coffee Source, 134 Helsingin Kahvipaahtimo, Benjamin Andberg, te-
lephone conversation 29 August 2016
the roasters rarely ask questions about 135 Cafetoria, Mia Nikander, email 29 August 2016. Cafe-
working conditions at the farms.133 toria uses a combination of direct trace and sourcing
companies.
136 Punainen Kirahvi, Tommi Hulkkonen, telephone con-
versation 29 August 2016
137 Rovaniemen Kahvipaahtimo, Tuomas Kumpula, email
131 Collaborative Coffee Source, Melanie Leeson, te- 29 April 2015
lephone interview 7 July 2015 138 Every company has a different idea about the con-
132 Collaborative Coffee Source, Melanie Leeson, te- cept [direct trade]. Chuck Patton, owner of the
lephone interview 7 July 2015. Nordic Approach Bird Rock Coffee Roasters. For more information,
also emphasises that they pay a price premium for see Daily Coffee News, 30 May 2014, What is Direct
high quality coffee. On their website, they also pub- Trade, Really? A Question for Coffee Consumers and
lish examples of the distribution of the price paid for Roasters Alike, available at http://dailycoffeenews.
green coffee between the supply chain actors, see com/2014/05/30/what-is-direct-trade-really-a-questi-
http://www.nordicapproach.no/aboutpricing/. Nordic on-for-coffee-consumers-and-roasters-alike/ (acces-
Approach did not respond to Finnwatchs interview sed on 23 August 2016)
request. 139 Johan & Nystrm, Direct Trade, available at http://jo-
133 Collaborative Coffee Source, Melanie Leeson, email hanochnystrom.se//kahvimme/direct-trade/ (in Fin-
13 July 2015 nish, accessed on 23 August 2016)

21
monitoring social responsibility. To ensure coffee products is Rainforest Alliance cer-
sustainability of production, comprehen- tied. According to their responses, some
sive and systematic audits are required, but other roasters also purchase signicant
they take up a lot of resources and special amounts, compared to their overall pur-
skills which even the larger companies rarely chasing volume, of coffee grown on certied
have in-house. Without independent third- farms. However, as they are not themselves
party, systematic monitoring and assess- certied supply chain actors they cannot
ment of working conditions against care- market or sell their coffee as certied. As a
fully set criteria, the assumed responsibility reason for this, some sited the high cost of
in direct trade is fully based on a notion of chain of custody certication.
trust. Independent, third-party, systematic
monitoring and assessment of working condi-
tions in the coffee sector currently in practice
means certication of verication (see text 4.7 PRIVATE LABEL COFFEE
box on Voluntary sustainability standards in In August 2015, Finnish grocery traders,
the coffee sector, page 17). The proponents civil society organisations, the Ministry of
of direct trade however, often criticise cer- Employment and Economy and the Ministry
tication schemes for being inexible and for Foreign Affairs adopted A Shared Vision
bureaucratic, for not offering the farmers for Respecting the UN Guiding Principles
an incentive to improve the quality of their on Business and Human Rights (UNGPs) in
coffee, and for costing a lot to the producers. Grocery Trade Supply Chains.144 The round-
The certication schemes that implement table discussions leading to the adoption of
the established good practice for certica- the Shared Vision were part of the National
tion schemes however, develop their cri- Action Plan for the implementation of the
teria in cooperation with producer repre- UNGPs in Finland.145
sentatives or organisations (and other stake- The Shared Vision applies to all types of busi-
holders) and adjust their criteria according ness enterprises which engage in import
to country or sector specic issues and risk or marketing of products under their own
factors. The most common sustainability name, trademark or some other distin-
standards in the coffee sector are also based guishing symbol (i.e. private label products).
on the principle of continuous improvement The signatories to the Shared Vision include
and support producers when issues in com- Kesko Oy, SOK Corporation and Tuko Logistics
plying with the standard criteria occur, and Cooperative. Finnwatch is also one of its NGO
work towards lowering costs through mutual signatories.
benchmarking.
In the Shared Vision, the grocery retailers
Some small-scale roasters that responded commit to:
to Finnwatchs survey have certied coffees
in their selection.140 For example, ve of the begin to chart the risks associated with raw
21 coffees in Cafetorias141 selection and all materials in regard to private label products
of Mokkapuus142 coffees are Fairtrade certi- already in their selection, prioritising sup-
ed, and one of the six Good Life Coffees143 pliers in risk countries.

140 Mokkapuu, Paahtimo Papu and Warrior Coffee are


also certied organic roasters. Mokkapuu, Tanja Ant-
tila, email 15 April 2015; Paahtimo Papu, Virpi Hyv- 144 The full text of the shared vision is availab-
rinen, email 15 April 2015; Warrior Coffee, Riku Uski, le at http://tem./documents/1410877/3084000/
email 18 July 2016 UNGP+grocery+trade_en/54a9d248-7467-4903-8f2a-
141 Cafetoria, Mia Nikander, email 29 August 2016. In 99a975445b27 (accessed on 22 August 2016)
Cafetorias selection, there are also 16 organic cof- 145 The full text of Finlands National Action Plan is avai-
fees; some coffees in Cafetorias selection are lable at http://tem./documents/1410877/3084000/
double certied organic and Fairtrade. National+action+plan+for+the+implementation+of+t
142 Mokkapuu, Tanja Anttila, email 15 April 2015 he+UN+guiding+pronciples+on+business+and+huma
143 Good Life Coffee, Samuli Ronkanen, email 16 April n+rights/1bc35feb-d35a-438f-af56-aec16adfcbae (ac-
2015 cessed on 22 August 2016)

22
avoid entering into business relations with Kesko Oy
suppliers whose operations include serious
Kesko Oy is a publicly listed Finnish retail
shortcomings or whose human rights due
company that operates in grocery trade,
diligence process-based information is not
building and technical trade and car trade.
available.
Other than Finland, it has stores also in
only use measures that have been proven Belarus, Estonia, Latvia, Lithuania, Norway,
reliable for the monitoring of the human Poland, Russia and Sweden. Kesko and
rights compliance of their suppliers. K-retailers together form the K-Group, the
International, third party, criteria-based, third largest retailer in northern Europe,146
standardised systems are always preferable with retail sales totalling about 11 billion
options in the implementation of credible euros in 2015.
monitoring (i.e. certication).
In Keskos selection in Finland, there are ve
actively engage in the further development private label coffees. Of these, one is Fair-
of auditing systems and certication cri- trade certied and the other four are UTZ
teria and, if necessary, complement them certied. This includes one instant coffee
through the companies own additional product that became UTZ certied last in the
measures. range in autumn 2016 when this report was
being written.147
try to relate to the interested parties that
the potential impacts concern by inter- Of Keskos private label coffees, 98 per cent
viewing them face-to-face in a manner are roasted in the Netherlands. The rest of
which makes it possible to take into Keskos private label coffees are made in
account any coercion, threats or coaching Finland and Germany. Between June 2015
by the employer as well as any barriers to and May 2016 Kesko imported to Finland
effective participation. approximately 2.8 million kg of private label
coffee. Approximately 13 per cent of the total
not to automatically cancel orders from a
sales (by kg) of Keskos 15 most sold coffees
supplier if problems arise but rather engage
are private label coffees.148
in an active dialogue with the supplier to
resolve and rectify the problems without
delay. Lidl Finland Ky
upon request and within the framework Lidl Finland Ky is an independent subsidiary
of their existing contractual obligations of Germany-based retail giant Lidl, which has
and competition law, make every effort to operations in nearly all European countries.
determine and provide information on the In 2015, Lidl Finlands turnover was over 1.4
raw materials, producers, manufacturers billion euros.149 In Finland, Lidl has more than
and processors of the products that they 150 stores.150
market in a transparent manner.
Lidl Finland did not want to disclose how
For the purposes of this report, Finn- much private label coffee it imports per year.
watch asked the biggest Finnish grocery
traders about the social responsibility poli-
cies and practices that they have in place 146 Kesko, Kesko in brief, available at http://www.kesko.
/en/company/kesko-in-brief/ (accessed on 25 Au-
for the sourcing of their private label coffee
gust 2016)
products. The grocery chains included in the 147 Kesko, Sohvi Vhmaa, email 28 June 2016
analysis are Kesko Oy, SOK, Tuko Logistics 148 Ibid.
Cooperative and Lidl Finland Ky. 149 Lidl Finland, 1 September 2016, Lidlin investoinnit ja
henkilstmr kasvussa, available at http://news.
cision.com//lidl-suomi/r/lidlin-investoinnit-ja-henki-
lostomaara-kasvussa,c2069619 (in Finnish, accessed
on 2 September 2016)
150 Lidl Finland, Yrityksemme, available at http://www.
lidl.//yritys.htm (in Finnish, accessed on 25 August
2016)

23
It also did not divulge details on the tracea- production is particularly weak as it does
bility of their private label coffee. not require social audits to suppliers and the
monitoring does not extend to primary pro-
Lidl Finlands private label coffees are roasted
ducers in risk countries. Even according to
mainly in Germany. Lidl Finland requires all its
Lidl Finlands own position paper, certication
suppliers to agree to its ethical guidelines for
is the preferable method for ensuring sus-
suppliers which incorporate the BSCI Code of
tainability in the coffee sector.
Conduct.151

According to Lidl Finland, third-party social


responsibility certication schemes are the SOK
most trustworthy and efcient way to ensure S Group is a Finnish network of compa-
that the conditions in its coffee supply chains nies operating in food and consumer goods,
are being monitored and developed.152 petrol stations, travel and hospitality, depart-
However, of the 22 private label coffee ment, speciality and DIY stores. In 2015,
products153 in Lidl Finlands selection, only the S Groups retail sales totalled about 11
four are currently certied. This equals about billion euros. It has more than 1,600 outlets
twenty per cent of Lidl Finlands total coffee in Finland, and additional operations in Russia
sales (in kg).154 Of the sales of certied coffee, and the Baltic countries. With its 46 per cent
18 per cent is Rainforest Alliance, 50 per market share in groceries, it is the market
cent is UTZ and 27 per cent is Fairtrade certi- leader in Finland. The S Group comprises 20
ed.155 Lidl is a member of the Global Coffee regional and eight local cooperatives and
Platform (see text box on Voluntary sustaina- SOK, which is owned by the regional coopera-
bility standards in the coffee sector, page 17). tives, and its subsidiaries. SOK provides the
cooperatives with procurement and other
In 10 countries including Denmark, Finland,
services.159
Germany, Sweden, and the UK,156 Lidl has
made a commitment to increase the share SOKs selection includes ve private label
of certied green coffee in the sourcing for coffees of which two are instant coffees.
its private label coffees so that by the end of The sales of private label coffees total about
2017, 30 per cent of its private label coffees seven per cent of all of SOKs coffee sales.
will be either UTZ, Rainforest Alliance or Fair- 90 per cent of SOKs private label coffees are
trade certied, and that by the end of 2020, roasted in Finland. In addition, during the rst
the share will have risen to 50 per cent.157 six months of 2016, SOK imported approxi-
Finnwatch considers this timeline for tran- mately 51,000 kg private label coffee to
sitioning to certied raw material unneces- Finland from Denmark and Germany.160
sarily slow and lacking in ambition. In regard
According to SOK, a supplier companys
to uncertied coffee, Lidl Finlands position
social responsibility policies and practices is
paper158 on furthering of sustainable coffee
one of the criteria that is taken into account
151 Lidl Suomi, Maija Jrvinen, email 29 June 2016
when potential private label coffee sup-
152 Lidl Suomi, Maija Jrvinen, email 29 June 2016. See pliers are being tendered. The potential sup-
also Lidl, 2021: Sertioitua kahvia vhintn 50%, plier is expected to be able to ensure that in
available at http://www.lidl.//7697.htm (in Finnish,
accessed on 6 July 2016) their supply chains including at the level
153 This gure includes coffee beans, ground coffees, of primary production of raw materials
instant coffees and capsule coffees. national legislation, collective bargaining
154 Lidl Suomi, Maija Jrvinen, email 29 June 2016
agreements, ILO Core Conventions, UDHR
155 Lidl Suomi, Maija Jrvinen, email 12 August 2016
156 Five other in-country Lidls had not made their com-
mitment public by the time of writing of this report. 159 S Group, S Group in brief, available at https://www.s-
157 Lidl, 2021: Sertioitua kahvia vhintn 50% kanava./web/s/en/s-ryhma-lyhyesti (accessed on
158 Lidl Finland, Linjaus kestvn kahvintuotannon edis- 25 August 2016)
tmiseksi, available at http://www.lidl./statics/lidl- 160 The gure is based on coffee sales between 1 Janua-
/ds_doc/Valikoimalinjaus_kahvi_2016.pdf (in Fin- ry 26 June 2016. SOK, Senja Forsman, email 1 July
nish) 2016

24
and UN Convention on the Rights of the or certication schemes, and not all of their
Child are all being followed. In addition SOK green coffee is systematically traceable, it
requires that its suppliers, whose production is Finnwatchs view that SOK is not imple-
or whose suppliers production is located in a menting its own supplier guidelines in the
risk country, or who import/market products sourcing of its private label coffee.
made in risk countries, sign the BSCI Code
During the period of writing of this report,
of Conduct (or similar), conduct self-assess-
SOK announced that from the beginning of
ments and obtain the necessary social audits.
2017, 90 per cent of its private label coffees
Suppliers, who themselves or whose supply
will be UTZ certied.166
chains are within the scope of monitoring by
a social responsibility certication scheme,
are not required to sign the BSCI Code of
Tuko Logistics Cooperative
Conduct.161
Tuko Logistics Cooperative is a groceries
SOK has conrmed to Finnwatch that coffee assortment, purchasing and logistics service
is considered a risk country ingredient;162 provider. Its owners and customer companies
therefore, to be in line with the supplier include wholesalers Wihuri Oy, Heinon Tukku
guidelines outlined above, SOKs coffee Oy and retailers Suomen Lhikauppa Oy and
supply chains should either be within the Stockmann Oyj. Tuko Logistics turnover in
scope of third party social audits or moni- 2015 was 744 million euros.167
toring by a social responsibility certica-
tion scheme. Still, currently only one instant Tuko Logisticss private label coffee selec-
coffee in SOKs private label coffee selection tion includes three ground coffees and one
is certied under Fairtrade. The rest of SOKs instant coffee product. None of the Tuko
private label coffees are not currently certi- Logisticss private label coffees are certi-
ed under any certication scheme or within ed. According to Tuko Logistics, it requires
the scope of third-party social audits.163 all its suppliers to implement the BSCI
Code of Conduct in their own operations
SOKs supplier guidelines also specify that or obtain similar guarantees through third-
a supplier must be in a position to provide party auditing or certication.168 In practice
information over the entire supply chain of this means that Tuko Logisticss private label
a product including the origins of the raw coffee roasters have agreed to BSCI Terms
materials all the way to the primary pro- of Implementation for Business Partners.169
ducer.164 However, according to SOK, at The Terms of Implementation require these
present only about 50 per cent of the green roasters to ensure that their suppliers work
coffee supply chains for their private label towards the observance of the BSCI Code of
coffees can be systematically traced back to Conduct. The implementation of these Terms
the farm or plantation level. Furthermore, this by roasters in their supply chain is, however,
gure only applies to about 20 per cent of not being monitored and Tuko Logistics does
the green coffee used for their private label not, for example, conduct or require audits of
coffees by volume.165 As the overwhelming coffee plantations.
majority of SOKs private label coffees are not
within the scope of third-party social audits

166 SOK, Sari Ristaniemi, email 18 July 2016


161 For more information see SOK, Tavarantoimittajille, 167 Tuko Logistics, Tuko yrityksen, available at http://
available at https://www.s-kanava./web/s-ryhma/ www.tuko./tuko-yrityksena (in Finnish, accessed on
tavarantoimittajille (in Finnish, accessed on 6 July 23 August 2016). Suomen Lhikauppa was bought by
2016) Kesko in 2016.
162 SOK, Sari Ristaniemi, telephone conversation 29 July 168 Tuko Logistics, Pirjo Heiskanen, email 21 July 2016
2016
169 BSCI, Terms of Implementation for Business Partners,
163 SOK, Senja Forsman, email 1 July 2016 available at http://www.fta-intl.org/sites/default/
164 SOK, Tavarantoimittajille les/Terms%20of%20Implementation%20for%20Bu-
165 SOK, Sari Ristaniemi, email 9 September 2016 siness%20Partners_nal%20version_2014Feb03.pdf

25
Table 5 Summary of coffee roasters and grocery traders green coffee purchases and sustainability targets

Roaster Amount of green coffee Percentage of certied Target to increase level of


purchased per year green coffee certication
Arvid Nordquist 13 million kg 100% since July 2014 Increase the share of Fairtrade
certication
Gustav Paulig 50 million kg 40% by the end of 2016* 100% by the end of 2018*
Lfbergs Lila 30 million kg 47.3% 100% by 2020 for all company-
owned brands
Meira 1213 million kg 1.3% No set target

Grocery trader Number of certied private label Target to increase levels


coffees certication
Kesko 6 out of 6 100% certied; achieved in 2016
Lidl Finland 4 out of 22 50% by the end of 2020
SOK Corporation 1 out of 5 90% from the beginning of 2017
Tuko Logistics 0 out of 4 No set target

* These percentages for Paulig include both certied and veried green coffee

Regarding traceability of its roasted private


label coffees to the primary producer of raw
material at the origin, Tuko Logistics referred
to the general traceability statistics of their
supplier Gustav Paulig (see page 12).

Tuko Logistics buys its private label instant


coffee from Germany. The imports of Tuko
Logisticss private label instant coffee hover
at around 2,000 kg per year. According to
Tuko Logistics, it has similar arrangements,
based on BSCI Terms of Implementation for
Business Partners, in place with their German
supplier as those described above.170

170 Tuko Logistics, Pirjo Heiskanen, email 21 July 2016

Coffee drying area at Fazenda


Nossa Senhora da Conceio
in Brazil. The workers in char-
ge of drying coffee on the farm
reported working seven days
a week throughout the har-
vest season (i.e. three to four
months).
RCE
RC
AR
MA
O: M OME
CEL GOM
O ME
M REP ER
RTE
ES / REPR
PR
EP TE R BRA SIL
ASI
B AS

26
PHO
HO
PH
H TO:
OTO
TO
5 Introduction to case studies

In March 2015, Finnwatch requested from


the coffee roasting companies introduced in
Chapter 4 information about origins of the
raw material used for their most popular
coffee products. The farms and plantations
for the following case studies were randomly B R A S I L
selected from the supplier lists that the
coffee roasting companies provided to Finn-
watch in response. Arvid Nordquist, Gustav
Minas
Paulig and Meira all provided Finnwatch with Gerais

CC-BY-SA TUBS/WIKIMEDIA
information on a range of their suppliers. Lf-
bergs Lila only shared information on their
Fairtrade certied suppliers.

Brazil and Honduras were chosen as coun-


tries to focus on due to the large volumes
of coffee they export to Finland. India was
chosen as an example of an Asian coffee pro-
ducing country. The eld research in these

CC-BY-SA NORDNORDWEST/WIKIMEDIA
countries was conducted by Reprter Brasil,
Corts
Centro de Desarrollo Humano and Cividep
respectively. The eld research ndings have H O N D U R A S
been analysed by Finnwatch.
La Pa
In all three case studies, the eld research z

focussed on terms and conditions of employ-


ment of both permanent farmworkers and
temporary farmworkers who had been hired
for the harvest season only. In addition, ques-
tions were asked to gauge the possibility of
child or forced labour. Attempts were made
to share the eld research ndings with
the producers (and certication schemes
where applicable) prior to the publications
of this report. The producers and certica- I N D
tion schemes responses are incorporated I A
in the case studies. In Brazil, in addition to
eld research ofcial databases such as
Ministry of Labour and Employment data-
base on administrative proceedings against
CC-BY-SA PLANEMAD/WIKIMEDIA

employers and the Dirty List (see page 32)


were also consulted. State of
Karnataka

0 500 km

Field research in Brazil was conducted in Minas Gerais,


in Honduras in Corts and La Paz, and in India in Coorg,
Karnataka.

27
6 CASE Brazil

COFFEE SECTOR IN BRAZIL market.174 According to several experts,175


certication is one of the factors that has
Brazil is the worlds largest producer and also
helped drive up working conditions at coffee
the largest exporter of green coffee. Brazilian
farms in Brazil. Another key factor has been
production has dominated the global coffee
the governments efforts to stamp out some
market since the mid-19th century. Initially
of the most serious labour rights violations
built on slave labour from Africa, the coffee
such as forced labour (see page 31) and child
industry supported much of the countrys
labour. Despite this, problems still exist.
industrialisation in the rst half of the 20th
century.

The most important coffee farming areas in


6.1 BACKGROUND: LABOUR
Brazil are concentrated to the south-east of
RIGHTS ISSUES IN BRAZIL
the country in the states of Minas Gerais and
Esprito Santo. The majority of Brazils more Brazils Human Development Index (HDI)
than 270,000 coffee farms are family-owned value put the country in the high human
and less than eight hectares in size.171 development category, measured by long and
healthy life, access to knowledge and decent
In 2015, Brazil produced approximately 2.6 standard of living.
million tons of green coffee, of which nearly
two million tonnes were exported.172 The The HDI report in 2015 explored the relation-
majority of the coffee grown in Brazil is of ship between work and human development
the arabica variety although the proportion of and used several work related indicators.
robusta is growing, especially due to growing One fourth of the people who were employed
domestic demand. Brazil is set to become the were considered to be in vulnerable employ-
largest consumer of coffee in the world in the ment176 and of the total working population,
near future. more than three per cent were categorised
as working poor.177
Brazil was an early adopter of voluntary
sustainability standards in coffee cultiva-
Freedom of association
tion. In addition to being the worlds largest
green coffee producer, Brazil also produces Brazil has ratied one of the two ILO Core
the majority of the worlds standard-com- Conventions on freedom of association and
pliant coffee (see also Table 4 on page 19).173
The majority of Brazils standard-compliant 174 TechnoServe, 2013, Brazil: A Business case for sustai-
nable coffee production
coffee is produced at large, professionally-
175 See for example an interview with Vilson Luiz da
run plantations or by major cooperatives, Silva, head of an agricultural workers union FETA-
and is almost exclusively sold to the export EMG, in Danwatch, 2016, Slavery-like working con-
ditions and deadly pesticides on Brazilian coffee
plantations, available at https://www.danwatch.dk/
wp-content/uploads/2016/03/Danwatch-Bitter-Cof-
fee-MARCH-2016.pdf; an interview with agronomist
Srgio Parreiras Pereira, researcher at the public re-
search institute Agronomical Institute of Campinas,
available at https://www.embrapa.br/busca-de-noti-
cias/-/noticia/2293393/cafes-certicados-do-brasil-
conquistam-mercado-interno-e-externo (in Brazilian
Portuguese, accessed on 26 August 2016)
176 See for example ILO, 2010, Vulnerable employment
and poverty on the rise, available at http://www.
171 TechnoServe, 2013, Brazil: A Business case for sus- ilo.org/global/about-the-ilo/newsroom/features/
tainable coffee production, available at http://sustai- WCMS_120470/lang--en/index.htm (accessed 31 Au-
nablecoffeeprogram.com/site/getle.php?id=213 (ac- gust 2016)
cessed on 22 July 2016) 177 UNDP, Human Development Report 2015 Brieng
172 ITC, Trade map note for Brazil available at http://hdr.undp.org/sites/
173 Faber, Yvette, 2014, Coffee market all/themes/hdr_theme/country-notes/BRA.pdf

28
collective bargaining.178 National laws restrict unions collective bargaining power in rural
workers rights to form and join organisations areas.183
of their own choosing by imposing a single
trade union system per industry and territory Minimum wage
(e.g. municipal, state, regional and federal
A law on minimum wage was adopted in
for example). In order to establish a union,
Brazil already in 1938.184 The 1988 Consti-
the number of union members must equal
tution further dened minimum wage as
at least one third of all workers in a specic
nationally unied and capable of meeting
industry in the territory and the union leader
the basic needs of workers and their families
must be a Brazilian citizen born in Brazil.179
including housing, food, education, health,
Although anti-union discrimination is pro- leisure, clothing, hygiene, transport and social
hibited, cases of harassment of trade union security.185
leaders and workers rights activists con-
The current minimum wage in Brazil is 880
tinue to be reported. In 2016, a female trade
Brazilian real per month (243 euros) whereas
unionist and rural workers activist was mur-
in 2015, it was 788 real (217 euros). The
dered in the north-eastern state of Maranho,
minimum wage is calculated on the basis
leading to demonstrations by farm workers
of an 8-hour work day (44 hours per week)
federations and rural workers unions.180
and adjusted once a year to reect changes
The right to collective bargaining is guaran- in the consumer price index. Over the past
teed by law in Brazil.181 However, rural col- decade, the national minimum wage has
lective agreements in general do not to raise been increasing almost twice as fast as ina-
the standards above what has already been tion.186 However, the minimum wage has
established through legislation. In 2014, also been criticised for not being sufcient
in the state of Esprito Santo, for example, to meet the Constitutional requirements. For
the federation of agricultural workers was example Dieese, a socio-economic research
in 2014 able to achieve pay levels of less institute linked to trade unions in Brazil, pro-
than ve per cent above the legal minimum duces a monthly calculation for a neces-
wage in negotiations with the federation of sary minimum wage, i.e. a wage sufcient to
employers.182 According to the National Con- support a family of two adults and two chil-
federation of Agricultural Workers (CONTAG) dren. The calculation is based on the cost of
of Brazil, the seasonal nature of the work, the basic food basket which is multiplied by
internal migration and job rotation limit three to cover the expenditure on food of a
family. The necessary minimum wage is then
stipulated from this gure on the basis of the
results of a family budget survey according to

178 ILO, Ratications for Brazil, available at http://www.


ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11200:0: 183 ILO, 2015, Giving a voice to rural workers: Internatio-
:NO::P11200_COUNTRY_ID:102571 (accessed on 22 nal Labour Conference 104th Session, 2015: General
July 2016) survey concerning the right of association and rural
179 Trade union rights and responsibilities in Brazil are workers organizations instruments, available onli-
regulated by the Federal Constitution and Labour ne at http://www.ilo.org/wcmsp5/groups/public/---
Law. ed_norm/---relconf/documents/meetingdocument/
180 See for example International Trade Union Confede- wcms_343023.pdf
ration, Survey of violations of trade union rights: Bra- 184 DECRETO-LEI N. 399 DE 30 DE ABRIL DE 1938.
zil In practice, available at http://survey.ituc-csi. Aprova o regulamento para execuo da lei n. 185,
org/Brazil.html#tabs-3 (accessed on 22 July 2016) de 14 de janeiro de 1936, que institue as Comis-
181 Consolidation of Labour Laws, Article 611, available ses de Salrio Mnimo, available online at http://
at http://www.planalto.gov.br/ccivil_03/decreto-lei/ legis.senado.gov.br/legislacao/ListaPublicacoes.
Del5452.htm (in Brazilian Portuguese, accessed on 2 action?id=12746 (in Brazilian Portuguese, accessed
September 2016) on 22 July 2016)
182 The collective agreement of rural workers in the 185 Constitution of the Federative Republic of Brazil,
state of Esprito Santo is available at http://www.fe- 1988, available at http://english.tse.jus.br/arquivos/
taes.org.br/images/album/downloads/CCT%202014- federal-constitution (accessed on 22 July 2016)
2016%20-%20REGIONAL%20NORTE%20II.pdf (in Bra- 186 TechnoServe, 2013, Brazil: A Business case for sustai-
zilian Portuguese) nable coffee production

29
which a lower income family spends almost are given training in correct handling of
36 per cent of their income on food. 187 pesticides.191

The Dieese calculation for a necessary


minimum wage in July 2015, when the Child labour
workers interviews for this report were con- Brazil has ratied the ILO Core Conventions
ducted, was 3325.37 real188 more than on minimum age and the worst forms of
three times the national minimum wage at child labour.192 National laws in Brazil set the
the time. However, it should be noted that the minimum age for admission to employment
Dieese gures are based on the cost of living at 16. Adolescents who are 16 or 17 years old
in So Paulo, one of the most expensive cities can be formally employed when certain con-
in Brazil. For information on a living wage in ditions are met and as long as the work does
southern or south-western Minas Gerais, see not involve extended hours nor dangerous or
Chapter 6.5. unhealthy conditions. Minors at the age of 14
can be admitted to apprenticeships.
Occupational health and safety There were approximately 554,000 million
Brazil has ratied 15 ILO conventions on children between the ages of ve and 13
occupational health and safety.189 Brazils years old working in Brazil in 2014 of whom
national standards on occupational health 344,000 worked in agriculture.193 The of-
and safety are largely in line with interna- cial statistics on child labour are not disag-
tional standards but unsafe working condi- gregated further by crop type so the exact
tions are still relatively common. Employers number of children working in coffee cultiva-
are required to take steps to prevent acci- tion is not known. Ten years ago, there were
dents in the workplace, for example by more than one million children under the
setting up health and safety committees.190 age of 13 working in Brazil. Brazil has been
accredited for signicant advancements in its
In Brazil, coffee pickers must by law be pro-
efforts to eliminate child labour which include
vided with protective equipment free of
for example monthly cash stipends to fami-
charge, including gloves, boots, goggles and
lies to keep their children at school and vac-
a hat to protect the workers from rain and
cinated.194 The number of children working
sun. Employees tasked with applying pesti-
in agriculture has been reduced also due to
cides must be provided with personal protec-
rural unions paying increasing attention to
tive equipment that corresponds to the level
of risk to which the workers are exposed.
The employer is responsible for ensuring that
the protective equipment is used, cleaned
191 Norma Regulamentadora 31 NR 31, available at
properly and in good working order before http://www.guiatrabalhista.com.br/legislacao/nr/
being used again, and that the workers nr31.htm (in Brazilian Portuguese, accessed on 2
September 2016)
192 ILO, Ratications for Brazil
193 Instituto Brasileiro de Geograa e Estatstica (IGBE).
187 Dieese, Metodologia da Pesquisa Nacional da Cesta See for example Economia, 13 November 2015, Em
Bsica de Alimentos, available at http://www.dieese. 2014, havia 554 mil crianas de 5 a 13 anos trabal-
org.br/metodologia/metodologiaCestaBasica2016. hando, aponta IBGE, available at http://g1.globo.com/
pdf (in Brazilian Portuguese) economia/noticia/2015/11/em-2014-havia-554-mil-
188 Dieese, Cesta Bsica Nacional Salrio mnimo criancas-de-5-13-anos-trabalhando-aponta-ibge.html
nominal e necessrio, available at http://dieese.org. (in Brazilian Portuguese, accessed on 2 September
br/analisecestabasica/salarioMinimo.html (in Brazili- 2016)
an Portuguese, accessed on 22 July 2016). The Diee- 194 These efforts are part of the government-run Bolsa
se calculated necessary minimum wage for January Familia and Program to Eradicate Child Labour (PETI)
2016, when the national minimum wage was adju- programmes. Bolsa Famlia is a social welfare pro-
sted to 880 real, was 3795,24 real. gramme which provides nancial aid to poor Brazi-
189 ILO, Ratications for Brazil lian families; if they have children, recipient families
190 See for example US Department of State, 2015, must ensure that the children attend school and are
Country report on human rights practices; Brazil, vaccinated. PETI provides direct transfer of funds to
available at http://www.state.gov/j/drl/rls/hrrpt/hu- families with children or adolescents in work situa-
manrightsreport/index.htm#wrapper (accessed on tions as well as services to strengthen ties between
22 July 2016) parents and children.

30
the problem.195 However, due to the eco- exhausting working hours: workers sub-
nomic downturn it is estimated that the jected to workdays that go far beyond
number of working children is likely to have normal overtime and threaten their physical
increased since 2014. integrity

degrading conditions: people lodged in sub-


Modern slavery standard housing and/or without access
The Brazilian government in 1995 to appropriate equipment to protect them-
acknowledged the existence of modern selves in handling and applying agrochemi-
slavery in the country. The efforts of the cals, decent food or water
government since then to eradicate modern
debt bondage: workers are tied to labour
slavery are often commended in the inter-
intermediaries and/or landowners by illegal
national fora.196 Instead of the term forced
debts related to expenses on transporta-
labour which is commonly used in inter-
tion, food, lodging and work equipment.198
national standards,197 Brazil uses the term
slave labour which is prohibited and dened The effectiveness of the Brazilian govern-
in national laws as ments efforts to stamp out modern slavery
is sometimes in part attributed to this expan-
[R]educing someone to a condition analo-
sive denition of the phenomenon in national
gous to that of a slave, namely: subjecting
laws. However, currently in Brazil there is
a person to forced labour or to arduous
some debate among politicians to narrow
working days, or subjecting such a person to
down the denition to bring it in line with the
degrading working conditions or restricting,
international denition.199
in any manner whatsoever, his mobility by
reason of a debt contracted in respect of The Brazilian governments efforts to elimi-
the employer or a representative of that nate modern slavery, coordinated by the
employer. National Commission for the Eradication of
Slave Labour (CONATRAE), have included
The conditions analogous to that of a slave
the introduction of mobile labour inspection
are further dened as
teams (DETRAE) in 1995 that conduct sur-
forced labour: people forced to work prise eld investigations accompanied by
under threats or acts of physical or mental the police and prosecutors to workplaces;
violence the publication of the so-called Dirty List or
a register of companies convicted, following
administrative proceedings, of having used
195 See for example an interview with Jorge Ferreira dos
slave labour (see page 32), and: the 2005
Santos from Adere, an NGO focussed on rural wor-
kers rights in Minas Gerais, in Danwatch, 2016, Sla- National Pact for the Eradication of Slave
very-like working conditions and deadly pesticides Labour (Pacto Nacional pela Erradicao do
on Brazilian coffee plantations
196 See for example Walk Free Foundation, Global Slave-
Trabalho Escravo). Signatories to the Pact
ry Index, available at http://www.globalslaveryindex. commit to eradication of slave labour in
org/region/the-americas/ (accessed on 29 July 2016) their supply chains and ending business rela-
197 According to ILO, for example, forced labour refers
to situations in which persons are coerced to work tions with producers on the Dirty List. Until
through the use of violence or intimidation, or by recently, no coffee company had signed the
more subtle means such as accumulated debt, re-
tention of identity papers or threats of denunciati-
on to immigration authorities. In the ILO Convention 198 Article 149, Brazil Penal Code, available at http://
No.29 on Forced Labour, forced labour is dened as www.planalto.gov.br/ccivil_03/LEIS/2003/L10.803.
all work or service which is exacted from any per- htm#art149 (in Brazilian Portuguese, accessed on 2
son under the menace of any penalty and for which September 2016)
the said person has not offered himself voluntarily. 199 International standards on forced labour do not re-
The full text of the Convention is available at http:// cognise exhausting working hours or degrading
www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:1 conditions as forms of forced labour but they are
2100:0::NO::P12100_ILO_CODE:C029. See also ILO, considered indicators of forced labour. For more in-
The meanings of forced labour, available at http:// formation see ILO, Indicators of forced labour, avai-
www.ilo.org/global/topics/forced-labour/news/ lable at http://www.ilo.org/global/topics/forced-la-
WCMS_237569/lang--en/index.htm (accessed on 29 bour/publications/WCMS_203832/lang--en/index.
July 2016) htm (accessed on 29 July 2016)

31
Pact; however, in 2016, the Brazilian Coffee At the coffee farms on the Dirty List, payment
Exporter Association CECAF and UTZ signed of salaries is often irregular and many of the
it. workers have deductions made from their
salaries that render their take-home pay
In 2014, the Pact was institutionalised
lower than what they had been promised.
through the introduction of Institute for the
Some are not paid at all. The workers living
National Pact to Eradicate Slave Labour (Insti-
conditions can also be degrading with no
tuto do Pacto Nacional pela Erradicao do
running water, sanitation or garbage disposal.
Trabalho Escravo, InPACTO). InPACTO is a
The workers may have to cook over open
membership organisation for companies and
ame and sleep on dirt oors. In the coffee
other relevant actors who are signatories
elds, the workers may have no access to
to the Pact. ILO is also one of the InPACTO
drinking water, sanitation or shelter from the
members. InPACTO monitors the implementa-
elements. They are not provided with per-
tion of the Pact and supports data collection
sonal protective equipment for handling agro-
and analysis. It is organised in sector-specic
chemicals or they have to pay for such equip-
working groups; an opportunity to create a
ment themselves.201
coffee sector working group is reportedly
being explored.200 Many of the coffee farms on the Dirty List
rely on gatos (labour brokers, see page 34)
Between 1995 and 2014, about 50,000
to recruit their workers, sometimes under
workers most from poor states of Brazil
false pretences of the nature or conditions
but also migrant workers from Bolivia, Haiti
of the work. In addition to debt bondage, the
and Paraguay have been freed from slave-
workers freedom of movement on the farms
like conditions in Brazil by labour inspectors.
on the Dirty List is also restricted through
Freed workers are eligible for nancial assis-
retention of identity documents and in some
tance and training to help them reintegrate
cases, threats of violence.202
into society.
The Ministry of Labour and Employment
The Dirty List last updated the Dirty List in July 2014. The
List should have been updated in Decem-
When the mobile labour inspection teams
ber 2014 but it was suspended by the Bra-
nd that an employer has kept their workers
zilian Supreme Federal Court after accepting
in conditions analogous to slavery, adminis-
a claim by a construction association. As
trative proceedings against them are began,
long as the lawsuit which could take years
and can take up to two years to conclude.
is ongoing, the Dirty List will not be pub-
Once the proceedings have concluded, the
lished on the Ministrys website. On the last
employers name is added to the Dirty List.
released Dirty List, there were 16 coffee
Employers listed on the Dirty List cannot
farms from which more than 400 workers
receive public funding and are sometimes
had been rescued.203
ineligible also for loans from private nancing
institutions. If the employer has completed
corrective actions required by the labour
inspectors, their name will be removed from
the List after two years. 201 For more information see Catholic Relief Services
Coffeelands blog, 14 December 2015, This is what
modern slavery looks like, available at http://coffee-
lands.crs.org/2015/12/this-is-what-modern-slavery-
looks-like/ (accessed on 2 September 2016)
202 Catholic Relief Services and Reprter Brasil, 2016,
Exploring isolated cases of modern slavery
200 Catholic Relief Services and Reprter Brasil, 2016, 203 Since the List was suspended, it was removed from
Exploring isolated cases of modern slavery: Farm- the Ministry of Labour and Employments website. It
workers protections and labor conditions in Brazils is however, still available on the Reprter Brasil web-
coffee sector, available at http://coffeelands.crs. site at http://reporterbrasil.org.br/listasuja/resulta-
org/wp-content/uploads/2016/04/CRS-Policy-Brief- do.php?busca=caf%C3%A9&submit=Buscar&lingua
Farmworker-Protections-and-Labor-Conditions-in- =pt (in Brazilian Portuguese, accessed on 2 Septem-
Brazil%E2%80%99s-Coffee-Sector.pdf ber 2016)

32
The Transparency List Root causes of slavery
Although the publication of the Dirty List on A 2013 investigation by Reprter Brasil for
the Ministry of Labour and Employments Catholic Relief Services identied several
website was suspended in December 2014, modern slavery risk factors specically in
the labour inspections and administrative relation to coffee cultivation in Brazil.206
proceedings against employers on slave These include poverty, farm size and market
labour grounds continue. Reprter Brasil and incentives:
InPACTO have continued to make the infor-
mation on new additions to the Dirty List pub- Most workers rescued from the farms on
licly available by obtaining information from the Dirty List had been recruited by gatos
the authorities through freedom of infor- (labour brokers, see page 34).
mation requests. This unofcial Dirty List is
Most of them were uneducated men who
called the Transparency List. Although it does
at the time of their recruitment lived in
not hold the same status as the Dirty List
poverty in remote areas of the country. For
and for example, nancial institutions do not
them, employment opportunities at home
necessarily have to consult the Transparency
were scarce and taking up employment in
List when making decisions on loans, the
coffee farms was perhaps the only option
Transparency List is however based on of-
to earn an income. As such, they were
cial information on concluded administrative
vulnerable to abuse by gatos who often
proceedings.
approach potential recruits with false
On the last update of the Transparency List promises of good pay and free accommo-
in June 2016 10 coffee producers were dation and food. Gatos are known to also
included. These 10 producers had been particularly target people of afrobrazilian
added to the list between December 2014 ethnicity.
and June 2016. Altogether 213 workers have
Labour demand, and as such, the risk
been freed from their farms.204
of labour rights violations, is higher at
The producers on these lists represent only higher altitudes in the more mountainous
a very small fraction of the total of more growing areas where the harvest cannot be
than 270,000 coffee farms in Brazil. The work mechanised.
of mobile labour inspection teams is ham-
pered by Brazils large territory and reduced Workers at medium size farms are also
resources. According to ILO, the labour potentially more vulnerable to conditions
inspection teams are able to investigate only analogous to slavery because medium size
about half of the cases that are brought to farms are often too big to be run on the
their attention. Therefore, the true number of labour provided by family members only
coffee farms beneting from slave labour is yet too small to afford investments that
likely to be higher.205 would enable them to reduce their reliance
on hired manual labour and to improve
working conditions and salary levels.

One of the reasons why these farmers can-


not afford such investments or increased
pay for the workers is the low price paid for
green coffee (see also Chapter 3).

204 Lista de Transparncia, available at http://reporter-


brasil.org.br/wp-content/uploads/2016/06/listadet-
ransparencia4.pdf (in Brazilian Portuguese, accessed
on 2 September 2016)

205 Danwatch, 2016, Slavery-like working conditions and 206 Catholic Relief Services and Reprter Brasil, 2016,
deadly pesticides on Brazilian coffee plantations Exploring isolated cases of modern slavery

33
Problems related to seasonal workers 6.2 METHODOLOGY
It has been estimated that about 4050 per In Brazil, the eld research for this report was
cent of the temporary workers hired for conducted by Reprter Brasil which has been
the coffee harvest season have no employ- monitoring and reporting on labour rights vio-
ment contract, and sometimes the workers lations in the coffee supply chain in Brazil for
are promised a higher salary if they agree to more than a decade.
work informally.207 Without Work and Social
For this report, Reprter Brasil interviewed
Security Cards signed by the employer, the
workers from Fazenda (farm) Paraso,
workers have no access to health care, social
Fazenda Nossa Senhora da Conceio and
security benets or pension. An impact
Fazenda Nossa Senhora da Guia (NSG) in July
assessment study to UTZ certication, under-
2015 in Minas Gerais. The interviews were
taken by an independent consultant, noted
conducted in Brazilian Portuguese. In addition
that formalised employment relations is one
to interviews, Reprter Brasil also searched
of the clearer improvements attributable to
Ministry of Labour and Employments data-
certication schemes at certied farms in
bases for information such as possible labour
Brazil.208
nes, and compared the lists of their sup-
About 30 per cent of temporary coffee pliers that the coffee roasters provided to
workers are migrant workers in Minas Gerais Finnwatch against employer names on the
whereas the majority is recruited locally.209 Dirty List and Transparency List.
Migrating seasonal workers typically move
The eld research team interviewed between
after work with their entire families, and both
10 and 12 workers at each of the three farms.
parents and their children take up tempo-
The majority of the interviewees were sea-
rary work picking coffee cherries during the
sonal workers employed temporarily for the
harvest season. Many of them are recruited
duration of the harvest season and tasked
through gatos, or labour brokers, who act
with picking coffee cherries. Of the sea-
as intermediaries between employers and
sonal workers, some were locally recruited
employees, and the cost of their services
whereas others were internal migrants. Of
such as recruitment, transportation, lodging,
the permanent workers, some performed
food, eld supervision and payroll is
administrative tasks whereas others were
deducted from the workers future salaries.
assigned to drying or washing coffee during
This may lead to a situation of debt bondage,
the harvest season, and general care-taking
a form of forced labour or modern slavery
such as weeding and applying pesticides at
(see page 31). Furthermore, employers
other times.
usually pay gatos a at fee for their services
which creates an incentive for the gato to The interviews with the workers at Fazenda
cut corners in order to reduce their costs and Paraso and Fazenda Nossa Senhora da Con-
make greater prot, thereby risking workers ceio were conducted inside the farm gates.
safety. Some gatos also receive a commission This method of interviewing the workers was
from the workers daily wages.210 used after attempts to organise interviews
off-site through local rural workers unions
and other channels had failed. Although the
207 Danwatch, 2016, Slavery-like working conditions and workers appeared to be talking freely during
deadly pesticides on Brazilian coffee plantations the interviews, and the eld research teams
208 Effects of UTZ certication according to coffee far- observations conrmed much of the workers
mers in Brazil
209 Danwatch, 2016, Slavery-like working conditions and testimony, it is possible that the workers
deadly pesticides on Brazilian coffee plantations
210 Catholic Relief Services and Reprter Brasil , 2016,
Exploring isolated cases of modern slavery: Farm-
worker protections and labor conditions in Brazils
coffee sector, available at http://www.crs.org/our-
work-overseas/research-publications/farmworker-
protections-and-labor-conditions-brazil%E2%80%99s-
coffee (accessed on 29 July 2016)

34
Table 6 Farms investigated in Brasil

Fazensa Paraso Fazenda Nossa Senhora Fazenda Nossa Senhora


da Conceio de Guia (NSG)

Location So Sebastio do Paraso, So Toms de Aquino, Minas Pimenta, Minas Gerais


Minas Gerais Gerais

Link to coffee Has supplied coffee to Gustav Has supplied coffee to Arvid Owned by Massimo Zanetti
market in Finland Paulig Nordquist Green Coffee Group. Supplies
approximately 20% of the
green coffee used by Meira.

Certication Not certied UTZ certied since 2011 Not certied

Cooperative, Member of Cooparaso Fazenda NSG exports its


processing mill or cooperative. Cooparaso, coffee through Nossa
exporter founded in 1960, has almost Senhora de Guia processing
6,000 members. mill/export company. The pro-
cessing mill/export company
is also part of the Massimo
Zanetti Green Coffee Group.

Farm size 50 ha (all manually harvested) 410 ha in total; 283 ha About 2,133 ha in total; 1,382
planted with coffee (of which ha planted with coffee (a mix
185 ha manually harvested ) of manual and mechanical
harvesting)

Yield Approximately 30 sacks per 48 sacks per ha


ha (sack = 60 kg)

Number of 3 permanent employees, 38 permanent employees, 300 permanent employees,


employees around 12 more people hired around 60 more people hired around 550 people hired for
for the harvest season for the harvest season the harvest season211

deliberately chose not to bring up some chal- communications, and to offer the farms a
lenges they face for fear of retaliation.212 further possibility to respond. The ndings
pertaining to UTZ certied Fazenda Nossa
The Fazenda NSG workers were interviewed
Senhora da Conceio were also sent to
off-site. In addition to the workers, the eld
UTZ, and the ndings pertaining to Fazenda
research team also spoke separately with
NSG to Meira, who in turn sent them to Co-
representatives of the Fazenda NSG middle
roasters for comments. Responses from UTZ
management. In all three locations, repre-
and Coroasters are incorporated below. Of
sentatives of the local rural workers unions
the farms, a response was received only from
were also interviewed.
Fazenda Nossa Senhora da Conceio; in
The eld research ndings were sent to all their response, they simply referenced UTZs
three farms in writing in November 2015 response to Finnwatch and did not provide a
and again in December 2015 for comments. substantive response of their own.
In addition, the eld research team called
In their response, UTZ stressed that they
each farm to conrm the receipt of these
take the ndings seriously and that they are
in touch with the farm directly to look into
211 Coroasters via Meira, Raimo Sinisalo, email 4 July the situation further. UTZ also pointed out
2016
that the UTZ assurance system is based on
212 See also for example Danwatch, 2016, Slavery-like
working conditions and deadly pesticides on Brazi- continuous improvement and enabling the
lian coffee plantations. According to Vilson Luiz da farmers to make the necessary improve-
Silva, a union leader interviewed by Danwatch, many
coffee plantation workers fear being replaced by ma- ments when non-conformities are uncovered.
chines, or are even directly threatened so by their
employees, and therefore do not dare to complain
about poor working conditions.

35
According to Coroasters, NSG farm is about Coroasters Code of Conduct also forbids
to be UTZ and Rainforest Alliance certied, all forms of discrimination, including on the
and that the process of obtaining certica- basis of gender.
tions has been easy due to good conditions
According to Coroasters response, the
at the farm.
migrating seasonal workers at the farm are
men because women typically cannot or do
not want to leave their families for longer
6.3 DISCRIMINATION IN periods of time. The farm also employs
RECRUITMENT AT FAZENDA NSG people locally to whom they offer daily trans-
All workers interviewed at all three farms, portation to work; of these about 40 per cent
Paraso, Nossa Senhora da Conceio and are women and 60 per cent are men.
NSG, had formal employment contracts and
Work and Social Security Cards signed by
the employer. Seasonal workers hired to pick 6.4 NO SIGNS OF CHILD LABOUR
coffee cherries typically had temporary con-
At Fazenda Paraso, the youngest two inter-
tracts lasting for three months, according
viewees were 17 years old. In addition to
to the workers. It appears that the situa-
working at the farm, they attended evening
tion at these three farms is better than on
school after work. In Brazil, evening schools
coffee farms in Brazil in general (see page 34)
are common in the coffee growing areas,
as generally, a relatively high proportion of
and many minors attend them in addition
workers at non-certied farms in Brazil have
to working at the farms during the day. Only
informal employment relations.
one of the underage interviewees was not
Temporary, seasonal workers at Fazenda currently attending school, and according to
Nossa Senhora da Conceio who were inter- them, this was due to administrative prob-
viewed for this report had been recruited by lems to do with changing schools mid-term
a gato (see page 34) but they did not allege and that they would return to school later
having been abused in the process. Inter- when the coffee harvest was over.214
viewed workers at the other two farms had
No children below the legal minimum
not been recruited by gatos and they were
working age in Brazil were reported by
also not aware of anyone else on the other
the interviewees, or observed by the eld
farms having been exploited by a gato.
research team, to be working at any of the
At the Fazenda NSG, the recruitment prac- three investigated farms.
tices for migrating seasonal labour were
found to be discriminatory. Migrating sea-
sonal workers are offered accommodation in
the barracks on the farm and, according to 6.5 WAGES INSUFFICIENT TO
the NSG manager interviewed for this report, AFFORD EVEN A BASIC LIVING
in order to avoid conicts that could arise Temporary seasonal workers and perma-
from having men and women living together nent workers at all three investigated farms
in the barracks the farm only employs male reported monthly pay above the national
migrant workers for the harvest season. minimum wage which was set at 788
According to a Brazilian labour inspector, real (217 euros) per month in 2015 when
such discrimination is illegal under the Bra- the interviews for this report took place.
zilian Constitution and the Labour Law.213 The However, many said they were struggling
nancially.

213 Telephone conversation 27 August 2016. Constitu-


tion of the Federative Republic of Brazil, and; Con-
solidation of labour laws, Article 373A, available at
http://www.planalto.gov.br/ccivil_03/leis/L9799.htm 214 Education in Brazil is compulsory until the age of 14.
(in Brazilian Portuguese, accessed on 2 September The interviewee had completed compulsory educa-
2016) tion.

36
None of the interviewees reported irregu- harvest season, they reported higher
larities in receiving pay. However, some earnings between 1,4002,254 real (385620
workers at the Fazenda Paraso said they euros). The temporary workers interviewed
were unclear about how their salary was cal- for this report had not received their rst pay
culated. Parts of the farm are higher yielding by the time of the interviews but they esti-
than other parts and, according to the mated that theyd be earning between 1,320
workers, the piecemeal pay rate is adjusted 2,000 real (360550 euros) per month. Their
downwards for coffee picked from the higher salary is also calculated on a piecemeal basis,
yielding parts and upwards for the coffee and the amount they are paid depends on
picked from the lower yielding parts. The cri- the amount of coffee they pick. The Fazenda
teria for such adjustments was not under- Nossa Senhora da Conceio farmworkers
stood by the workers. interviewed for this report were all responsi-
ble for their own accommodation.
The permanent farmworkers at Fazenda
Paraso reported monthly pay of approxi- At the Fazenda NSG, temporary workers
mately 1,000 real (275 euros). However, reported a basic monthly pay of 900 real
during the harvest months their pay is cal- (247 euros) on top of which they were paid a
culated at piecemeal rate like that of tem- harvest bonus on piecemeal basis. According
porary workers as they too are then tasked to the workers, the bonus can as much as
with picking coffee cherries. According to double their monthly earnings to 1,800 real
both permanent and temporary workers at (495 euros). Permanent farmworkers who
Fazenda Paraso, during the harvest season were not tasked with harvesting coffee cher-
they earn between 8001,600 real (220440 ries reported monthly pay of 1,134 real (312
euros) depending on how much coffee they euros) and no bonus. Employees who per-
pick. In addition to the monthly salary, tem- formed administrative or other tasks reported
porary migrant workers and their families xed rate monthly pay of 900 real and no
at Fazenda Paraso can live free of charge bonus. Of the interviewees from all three
at the farm during harvest months. Sea- investigated farms, the workers at the NSG
sonal workers and permanent workers farm who were interviewed for this report
recruited locally are responsible for their own were the most unsatised with their salary
accommodation. levels. Although Fazenda NSG offers migrating
seasonal workers accommodation at the dor-
The piecemeal pay rate at Fazenda Paraso
mitory in the farm, all of the workers inter-
at 14 real (3.85 euros) per sack appears to
viewed for this report had to provide for their
be relatively high. According to rural workers
own accommodation. The company offers
rights organisation Adere, most coffee pickers
free transportation to work to workers who
are paid just 8 real (2.20 euros) per sack, and
live locally outside the farm.
40 per cent of agricultural workers in Minas
Gerais, including those who work on coffee The Global Living Wage Coalition of six volun-
farms, are paid less than the legal minimum tary sustainability standards (see page 19)
wage. According to Danwatch, the typical has published a benchmark study for a living
piecemeal pay rate at non-certied farms in wage for the coffee growing industry in rural
Minas Gerais during the 2015 harvest season Minas Gerais southern and southwestern
was between 8 and 15 real (2.204.13 euros), region.216 In the report, they provide an esti-
whereas an owner of a certied plantation mate for a living wage applicable to per-
reported a pay rate between 12 to 20 real manent rural workers who live in the urban
(3.305.50 euros) per sack.215 areas and not in accommodation provided by

At Fazenda Nossa Senhora da Conceio,


permanent farmworkers reported a monthly 216 Global Living Wage Coalition, 2016, Living wage re-
port: Living wage for southern and southwestern
pay of 1,273 real (350 euros). During the Minas Gerais state, Brazil with a focus on the cof-
fee sector, available at http://www.isealalliance.org/
215 Danwatch, 2016, Slavery-like working conditions and sites/default/les/Living_Wage_Benchmark_Report_
deadly pesticides on Brazilian coffee plantations Brazil.pdf

37
their employer. This estimate, provided in the on improvement plans. The implementation
report for July 2015, is 1,629 real (448 euros) of these plans will be monitored through
per month over a year. If the workers receive audits. According to UTZ, the goal of the living
in-kind benets such as free transporta- wage benchmark studies is to show what a
tion to work as is typical in the agricultural living wage would be so that progress can be
sector the living wage needs to be adjusted made towards it. The benchmarks studies are
to take this into account. Going forward, the aimed at stimulating dialogue in the sector
living wage also needs to be adjusted for and to give workers and their representa-
ination according to the consumer prices tives the tools they need to negotiate. They
index which is also used for indexing the also noted that the pay for permanent farm-
legal minimum wage in Brazil.217 workers at Fazenda Nossa Senhora da Con-
ceio was largely in line with the prevailing
For the benchmark study, the Global Living
wage rate for coffee workers at certied
Wage Coalition also investigated the pre-
farms in Brazil.
vailing wage rate for permanent, general
service coffee farmworkers in Minas Gerais
and found the rate to be 1,307 real (360
euros) per month over a year. This calculation 6.6 LACKING AND DEGRADED
for the prevailing wage takes into account PROTECTIVE EQUIPMENT; FAZENDA
typical in-kind benets and higher earnings NSG STANDS OUT POSITIVELY
during the harvest season and applies to cer- The Brazilian law requires coffee pickers to
tied farms only. The Global Living Wage Coa- wear the following personal protective equip-
litions estimate for a living wage is there- ment: boots, gloves, hat and goggles. Addi-
fore 25 per cent higher than their ndings tional personal protective gear is required
regarding the prevailing wage rate at certi- when working with pesticides; the require-
ed farms and 86 per cent higher than the ments depend on the type of pesticide being
minimum wage. Despite this, it is still 24 per applied. The protective gear must be pro-
cent below the average for formal sector vided by the employer to the workers free of
workers in the same geographical area. charge.218 Having no access to necessary per-
None of the permanent farmworkers at sonal protective equipment is one of the indi-
the three farms included in this case study cators of degrading working conditions under
reported earnings at the level of Global Brazils slave labour legislation (see page 31).
Living Wage Coalitions living wage estimate. At Fazenda Paraso, most workers were
Although most workers reported salaries wearing boots and gloves but only one
above the living wage estimate during the employee was wearing goggles. For sun pro-
harvest season, the reported higher earnings tection, the workers were wearing head-
during the three to four harvest months are scarves or bandannas. The protective gear
still not sufcient to afford even a basic but worn by most of the workers was observed
decent standard of living the year round. to be degraded. A permanent farmworker,
In their response UTZ, which is part of the whose tasks included applying pesticides,
Global Living Wage Coalition, said that the said that they wore a mask and gloves when
requirement to pay a living wage is a recent working with pesticides.
addition to the standard and that as of this At the Fazenda Nossa Senhora da Conceio,
year, any certied farms that do not meet the permanent employees wore all the legally
level of a living wage will be asked to work required protective equipment including
goggles. However, none of the temporary
217 Global Living Wage Coalitions living wage estimate workers were wearing any protective gear.
for permanent labourers in the coffee sector adju-
sted for typical in kind benets, cash allowances and According to the interviewees, the farm
bonuses in the industry is 1,414 real (389 euros). The managers had promised to provide them
Coalitions living wage estimate does not apply to
temporary workers who are only hired for the durati-
on of the harvest. 218 Norma Regulamentadora 31 NR 31

38
PR
P
R P
OMES / RE
CEL GOME T R BR
RTER
TE ASIIL
BRASI
AS

An employee of Fazenda Nossa Senhora da


MARCE
RCE
CE

Conceio. All permanent employees at the


farm had personal protective equipment un-
T MA

like seasonal workers. Fazenda Nossa Senho-


HOTO:

ra da Conceio is UTZ certied.


HO
PHO

with personal protective equipment but by that the workers are offered professional
the time of the interviews, they had not yet training. In addition, there is also a rst aid
been given any. In some cases, this meant clinic where there is a doctor and a nurse
that the workers had been harvesting coffee available.
without legally required protective gear for
three weeks already. The eld research team
was later able to conrm that the temporary
workers had been provided with personal 6.7 SOME WORKERS HAVE NO REST
protective equipment about a week after DAY DURING THE HARVEST SEASON
the rst interviews had taken place, i.e. one The Brazilian Constitution limits the amount
month into their employment. of daily working hours to eight and weekly
working hours to 44 for a six day working
In their response UTZ said that during the week.219 In general, workers at all three
latest audit at Fazenda Nossa Senhora da farms reported working eight hours a day
Conceio which took place at a similar time and weekly working hours within the permis-
of year (i.e. in the beginning of the harvest sible limits. According to the workers at all
season) the auditors detected two non-con- three farms, they are also given between 30
formities against the UTZ standard in regard minutes and an hours break for lunch, and
to workers health and safety. According to other breaks ranging from a few minutes in
UTZ, the farm subsequently implemented cor- the morning and in the afternoon to half an
rective actions. hour once a day.
The Fazenda NSG workers interviewed for Some workers at Fazenda Nossa Senhora da
this report said that they wore all the legally Conceio and Fazenda NSG said that they
required personal protective equipment occasionally worked overtime but not more
at work, and that they had been provided than the two hours per day permissible by
with such equipment free of charge by their law.220 At Fazenda Paraso, one employee
employer. Indeed, according to the workers reported working overtime for ve hours per
anyone found to be not wearing protective day once or twice per week.
gear at Fazenda NSG could be red.

In their response Coroasters stressed that


there is a team of professional safety experts
219 Constitution of the Federative Republic of Brazil
and a safety engineer at Fazenda NSG and
220 Consolidation of Labour Laws, Article 59

39
According to Brazilian labour law, employees the workers dormitory or interview any of
are entitled to a weekly rest day.221 The law the workers staying there. However, Brazilian
allows for Sunday work in certain job catego- Ministry of Labour and Employment inspec-
ries such as harvesting crops as long as the tors visited and approved the temporary
workers get a weekly rest day.222 At both workers living quarters during inspections
Fazenda Paraso and Fazenda Nossa Senhora in 2013 and 2014. The inspectors did not
da Conceio, the workers in charge of drying visit the farm in 2015.224 According to Co-
coffee reported working seven days a week roasters response, the workers who live in
throughout the harvest season (i.e. three to the dormitorty are charged 3 real (0.83 euros)
four months). The workers did not complain per day towards their accommodation and
about this as this meant higher earnings for food.
them; however, the arrangement is a violation
Permanent workers and locally recruited
of Brazils labour laws.
seasonal workers at Fazenda Paraso and
Fazenda NSG and all employees of the
Fazenda Nossa Senhora da Conceio
6.8 CHANGES TO WORKERS who were interviewed for this report had
ACCOMMODATION ARRANGEMENTS to provide for their own accommodation.
Whereas it used to be common practice in They reported rents around 300 real in So
Brazil that coffee farmworkers lived inside Sebastio do Paraiso and 200 real in So
the farm gates, workers who live at the farms Toms de Aquino. Several were living in
are nowadays a minority.223 This means that family-owned houses, and said that if they
the workers increasingly have to cover the had to pay rent, they would not be able to
cost of housing themselves, and that the make ends meet. Some had purchased their
cost and the burden of compliance with legal homes through governmental programmes
requirements for workers accommodation to for social housing.
the farm owners are reduced.

Despite this overall trend, the vast majority


of the temporary workers at Fazenda Paraso 6.9 WORKERS HAVE LIMITED
were living in accommodation provided by OPPORTUNITIES TO HAVE A SAY
their employer free-of-charge. They also did ON TERMS OF EMPLOYMENT
not pay for water or electricity. Workers at None of the workers interviewed in any of
Fazenda Paraso complained that their living the three farms were currently members of,
quarters were crammed, with a family of ve or in contact with, any trade union. Only one
sharing just one room. Otherwise the housing worker at Fazenda Nossa Senhora da Con-
conditions were relatively good. ceio reported ever having been a union
member. Another employee at the same farm
Fazenda NSG also provides most of their tem-
recalled union members having visited the
porary migrant workers accommodation.
farm but this was several years ago.
The eld research team was unable to visit
The local rural workers unions that do exist in
221 Consolidation of Labour Laws, Article 67 coffee growing areas in Minas Gerais appear
222 Amendment to the Consolidation of Labour Laws, to have in practice given up organising
2010, available at
http://www.planalto.gov.br/ccivil_03/_Ato2007 workers and bargain collectively. Instead,
2010/2010/Decreto/D7421.htm#art1 (in Brazilian Por- many rural unions focus their efforts on
tuguese, accessed on 1 September 2016)
223 See for example BSD Consulting and Ibi t consul-
toria, 2015, Effects of UTZ certication according to
coffee farmers in Brazil, available at https://utzcerti-
ed.org/images/stories/site/pdf/downloads/impact/
brazil2015/Effects_of_UTZ_Certication_according_
to_Brazilian_farmers_2015.pdf. The study was com-
missioned by UTZ Certied. See also Catholic Relief
Services and Reprter Brasil , 2016, Farmworker pro- 224 Interviews with representatives of the Rural Workers
tections and labor conditions in Brazils coffee sector Union of Pimenta.

40
issues such as provision of legal support and employment when no contributions towards
retirement upon request from the workers.225 the fund had been paid.227

None of the farms on the supplier lists that


the coffee roasters provided to Finnwatch,
6.8 LITIGATION AND ADMINISTRATIVE was on the Dirty List or Transparency List
PROCEEDINGS AGAINST THE SUPPLIERS (see pages 3233). However, a recent Dan-
OF MEIRA AND GUSTAV PAULIG watch investigation228 was able to trace
Brazils Ministry of Labour and Employment coffee grown on two Brazilian farms that
maintains a database which contains infor- the authorities found in 2015 to have been
mation on labour nes that have been issued employing workers in conditions analo-
to employers following irregularities related gous to slavery upward the supply chain.
to implementation of legal provisions on The workers at these two farms Fazenda
workers health and safety, wages and other da Lagoa and Fazenda da Pedra had no
labour issues. At the end of October 2015, employment contracts, no personal protec-
there was information on 28 cases against tive equipment, no access to clean drinking
Fazenda NSG, a Meira supplier, available in water and no doors in their accommodation.
the database. These cases had been led by Furthermore, the workers personal docu-
labour inspectors between 2003 and 2014 ments had been retained by their employer.
on grounds of irregular payment, exces- Both farms sold their coffee to coopera-
sive working hours, rest periods and lack of tive Cocarive, which in turn sells coffee for
safety conditions. In 2014, three cases were example to Volcafe, a major coffee exporting
led all regarding working hours and rest company. In response to Danwatch, Volcafe
periods. According to Meira and Coroasters conrmed that it has been purchasing coffee
response, Fazenda NSG has reacted quickly from Cocarive and that it cannot guarantee
to the cases and the conditions at the farm that it has not resold coffee from Fazenda da
largely exceed legal requirements.226 Lagoa and Fazenda da Pedra to its interna-
tional customers.
A search in the Labour Justices database
on litigations brought up two references to In another similar case exposed by Danwatch,
farms that have supplied coffee to Gustav Cocatrel, another cooperative, was conrmed
Paulig. In two separate cases involving to have continued to sell coffee to exporters
two farms in So Sebastio do Paraso, ini- such as Volcafe, Grupo Tristo and Cooxup
tiated in 2012, a worker sued their respec- from a farm that was placed on the Dirty List
tive employer because their employer had already in 2014. In this case, the workers on
not formalised their employment relations a plantation owned by Eduardo Barbosa de
and provided them with Work and Social Mello had no contracts and no personal pro-
Security Card. In one of these cases, the tective equipment. The producer was also
farmer acknowledged his guilt and agreed found to have violated pay regulations and
to pay compensation to the worker. In the guidelines for suitable housing for workers.
other case, the farmer was found guilty and Despite this, Cocatrel conrmed to Danwatch
ordered by a judge to formalise the employ- in September 2015 that Mello remained a
ment relationship and to pay the worker member of the cooperative. Volcafe said in
a sum towards the Severance Indemnity
227 FGTS was created in 1967 by the Federal Govern-
Fund (FGTS) to cover the period of informal
ment. It involves opening a specic account in the
name of a worker to which their employer must de-
posit a sum equivalent to 8 per cent of their salary
225 See for example Federao dos Trabalhadores na Ag- each month. It applies to particular types of workers
ricultura do Estado de Minas Gerais, 2015, Fortaleci- including rural and temporary workers who can then
mento sindical pauta no 4 Encontro de Trabalha- withdraw funds from the account in the event of, for
dores Rurais, available at http://www.fetaemg.org. example, undue dismissal, retirement or serious di-
br/noticias/fortalecimento-sindical-e-pauta-no-4o- sease.
encontro-de-trabalhadores-rurais/ (in Brazilian Portu- 228 Danwatch, 2016, Bitter Coffee Slavery-like working
guese, accessed on 2 September 2016) conditions and deadly pesticides on Brazilian coffee
226 Meira, Raimo Sinisalo, email 12 October 2016 plantations

41
their response that Cocatrel is one of the visited the farms in August 2015 and August
largest cooperatives in Brazil, comprising 2014 respectively, but had not observed
several thousand individual farmers and any problems during these visits. According
plantations. Cocatrel receives over a million to Nestl, since the harvest season was
bags of coffee each year from these several already over, temporary workers were not
thousands farmers. I can conrm we bought present and houses were empty. Moreover,
coffee from Cocatrel between 2008 and 2015 our August 2015 visit to Fazenda da Lagoa
but have yet to receive any evidence that did not reveal any evidence of misconduct
the coffee we bought from Cocatrel included as the farmer is very likely to have already
coffee from Eduardo de Mellos plantation. taken corrective action to address the issues
brought to light by the local authorities in
The customers of these exporters, Volcafe,
their audit earlier in the year. Nestles instant
Grupo Tristo and Cooxup, include the
coffee and Nespresso capsules are sold in
worlds largest coffee houses such Nestl
Finland. JDE owns several coffee brands
and Jacobs Douwe Egberts (JDE). In Finland,
which are sold in Finland, including Gevalia,
Gustav Paulig also buys coffee from at least
Jacobs, Maxwell House and Tassimo. In their
Volcafe.229 According to Paulig, in addition to
response to Danwatch, JDE stated that []
requiring all the exporters it works with to
due to the nature of how coffee is traded, we
sign its Suppliers Code of Conduct, it also
cannot guarantee that there are no labour-
requires them to actively monitor the Dirty
related issues on each and every farm in
List for new additions of producer names. The
Brazil from which coffee is sold to coopera-
exporters are expected to agree not to supply
tives, exporters, traders and eventually to us.
Gustav Paulig with coffee from producers on
It is a long and complex supply chain, with
the Dirty List and to proactively inform Paulig
an estimated 260,000 farmers and, despite
if connections are made between producers
our best efforts, it is possible that coffee
on the Dirty List and the exporters supply
from coffee farm in Brazil with poor labour
chains. According to Paulig, the investigations
conditions has found its way into our supply
done by the exporting companies who supply
chain.
Paulig to their supply chains show that they
have not resold coffee from Fazenda Lagoa,
Fazenda da Pedra or Eduardo Barbosa de
Mello on to Gustav Paulig.230

The cooperative Cocatrel used to be one of


the main suppliers of Coroasters processing
mill/exporting company Nossa Senhora da
Guia.231 Meira sources 25 per cent of its
green coffee from Nossa Senhora da Guia via
Coroasters. However, according to Meira,
Coroasters has not sourced coffee from
Cocatrel for a year and not for ve years from
Eduardo Barbosa de Mello.232

Of the large global coffee houses, Nestl


conrmed to Danwatch that it had also
been buying coffee from Fazenda da Lagoa
and Fazenda da Pedra via another exporter,
Carmo Coffees. Nestles own inspectors had

229 Paulig Group, Seija Synevirta, email 22 May 2015


230 Paulig Group, Seija Synevirta, email 8 September
2016
231 Meira, Marleena Bask, email 15 June 2015
232 Meira, Raimo Sinisalo, email 6 September 2016

42
7 CASE Honduras

Honduras became the largest coffee pro- per cent. The gures for Rainforest Alliance
ducer in Central America in 2011.233 Coffee and UTZ certied coffee production were 2.1
production is crucial for the Honduran per cent and 18.2 per cent respectively.239
economy. According to IHCAFE (Instituto
Hondureo del Caf, a coffee organisation),
the value of coffee production in 2014/15
equalled an estimated 35 per cent of the 7.1 BACKGROUND: LABOUR
countrys GDP.234 The total value of Honduran RIGHTS ISSUES IN HONDURAS
coffee exports in 2015 was approximately Honduras HDI value put the country in the
930 million US dollars (830 euros).235 medium human development category. Child
labour employment rate in the 5 to 14 age
Coffee is grown in almost all departments in group is 14 per cent. Of the total working
Honduras. There are around 120,000 coffee population, almost 20 per cent are catego-
producers in Honduras. The majority of these rised as working poor and the majority of
are small family-run operations with less than people who are employed are considered to
ve manzanas236 (approximately 3.5 ha) be in vulnerable employment.240
dedicated for coffee plants.

The coffee harvest season in Honduras Freedom of association


usually lasts from October until March or
Honduras has ratied the ILO Core Conven-
April. For the harvest season, farms that
tions on freedom of association and col-
exceed 10 manzanas in size (approximately
lective bargaining.241 In practice though,
7 ha) typically hire temporary labour.237An
national laws restrict workers right to form
estimated one million people in total are
and join organisations of their own choosing
employed in the coffee supply chains in
by imposing a single trade union system by
Honduras.238
enterprise or institution. In order to estab-
A relatively large proportion of coffee produc- lish a union, a minimum of 30 workers are
tion in Honduras is certied. In 2012, Hon- needed and the union leaders must be Hon-
duras was the worlds fth largest producer duran nationals employed in the sector and
of standard-compliant coffee after Brazil, able to read and write. Farms and other
Colombia, Viet Nam and Peru. That year, three workplaces in the agricultural sector that
per cent of the worlds standard-compliant do not permanently employ over 10 people
coffee was produced in Honduras. The pro- are excluded from the scope of the labour
portion of Fairtrade compliant production of law, and the workers there do not have the
the total Honduran coffee production was 4.5 right to form and join trade unions.242 The
right to strike is restricted by law. Generally,
a two-thirds majority of the workforce is
233 Wall Street Journal, 29 July 2011, The Prince of the
Coffee Bean, available at http://www.wsj.com/ar-
required to approve a strike and employees
ticles/SB100014240531119048003045764742119736
37364 (accessed on 17 May 2016)
234 HRN, 18 December 2014, Rubro de caf aporta un 239 Faber, Yvette, 2014, Coffee market
35 % al PIB del pas, available at www.radiohrn.hn/l/ 240 UNDP, Human Development Report 2015 Brieng
noticias/rubro-de-caf-aporta-un-35-al-pib-del-pas note for Honduras, available at http://hdr.undp.org/
(in Spanish; accessed on 29 July 2016) sites/all/themes/hdr_theme/country-notes/HND.pdf
235 ITC, Trade Map. The gures pertain to not roasted 241 International Labour Organization, Ratications for
and not decaffeinated coffee exports. Honduras, available at http://www.ilo.org/dyn/norm-
236 In Honduras, one manzana is a unit of land area lex/en/f?p=1000:11200:0::NO:11200:P11200_COUNT-
commonly used in Argentina and Central America. RY_ID:102675 (accessed on 22 July 2016)
In Honduras, 1 manzana equals 6,972.25 square me- 242 See for example International Trade Union Confe-
ters. deration, Survey of violations of trade union rights:
237 IHCAFE, Information general de cafe de Honduras Honduras Legal, available at http://survey.ituc-
238 El Heraldo, 4 May 2015, Casi 20% de la poblacion de- csi.org/Honduras.html#tabs-2 (accessed on 22 July
pende del cafe en Honduras 2016)

43
in state-owned enterprises must give six from 5,385.52 lempiras (211 euros) to 8,882.3
months notice or obtain prior approval before lempiras (349 euros) per month. However, for
striking. several years now, the median wage in Hon-
duras has been below the minimum wage
Implementation of laws guaranteeing
levels, meaning that a large proportion of
workers right to organise and collec-
the workforce is paid less than the minimum
tively bargain is weak. Some employers are
wage, especially in the agricultural sector.245
reported either to refuse to engage in col-
Honduran Secretary of Labour and Social
lective bargaining with unions or make it
Security has estimated that about 50 per cent
very difcult to engage in bargaining. Anti-
of private employers in the country are not
union discrimination is prohibited but cases
paying the minimum wage.246
of harassment and dismissal of trade union
leaders and workers rights activists are
common. There are currently three active Occupational health and safety
freedom of association cases in the ILO data- Honduras has ratied only three ILO conven-
base against Honduras, one of which involves tions on occupational health and safety and
allegations of a murder of a female union occupational health and safety standards are
activist,243 and during the rst nine months poorly enforced, especially in construction,
of 2015, civil society organisations had docu- the garments industry and the agricultural
mented nine cases of threats or violence sector. In 2015, the Secretary of Labour and
against union leaders. Unions have also Social Security conducted 577 re-inspections
raised concerns about the use of temporary to follow up on previously identied occu-
contracts as well as part-time employment pational health and safety and other labour
to avoid union formation or having to provide rights violations. However, there are allega-
full benets. In the manufacturing industry, tions of corruption among labour inspectors
workers seeking to form trade unions have and inspectors are failing to respond to new
been blacklisted whereas in the agricultural inspection requests.247
sector, employer controlled yellow unions
have been established.244
Child and forced labour
Child labour is common in Honduras.
Minimum wage
According to ofcial statistics from 2012,
Minimum wages in Honduras are set by more than 350,000 children in Honduras were
tripartite negotiations. Although national working; 76 per cent of them in rural areas.
trade unions are party to negotiations over Children who worked attended school for
minimum wages, there are no agricultural an average of 5.4 years. According to the US
workers unions or other workers organisa- Department of State, of the working children
tions that would represent the agricultural between ages ve and 14 in Honduras, 65 per
workers in these negotiations. Minimum cent work in agriculture, including production
wages are calculated on the basis of an
8-hour working day (44 hours per week), but
wage levels are adjusted according to the
industry sector and the number of employees 245 Wageindicator.org, Minimum wages in Honduras,
in a company. Subsequently, there are 42 available at http://www.wageindicator.org/main/sa-
categories of monthly minimum wages in lary/minimum-wage/honduras (accessed on 23 July
2016); Danish Trade Union Council for International
Honduras. In 2015, minimum wages ranged Development Cooperation, Honduras Labour Mar-
ket Prole, available at http://www.ulandssekreta-
243 ILO, Freedom of association cases Honduras, saa- riatet.dk/sites/default/les/uploads/public/PDF/LMP/
tavilla osoitteessa: http://www.ilo.org/dyn/norm- lmp_honduras_2014_nal_version.pdf
lex/en/f?p=1000:20060:0:FIND:NO:20060:P20060_ 246 ILO, 2003, Estudio de condiciones y medio ambiente
COUNTRY_ID,P20060_COMPLAINT_STATU_ del trabajo infantil en la agricultura: Caf, Costa Rica,
ID:102675,1495810 (accessed on 22 July 2016) available at http://white.lim.ilo.org/ipec/documen-
244 See for example US Department of State, 2015, tos/cafe.pdf.pdf (in Spanish)
Country report on human rights practices: Honduras, 247 US Department of State, 2016, Human Rights Re-
available at http://www.state.gov/j/drl/rls/hrrpt/hu- port 2015 Honduras, available at http://www.
manrightsreport/index.htm#wrapper (accessed on state.gov/j/drl/rls/hrrpt/humanrightsreport/index.
22 July 2016) htm#wrapper
44
of melons and coffee.248 The average income coffee farms for this report. The farms were
of working children in rural areas was about located in Corts and La Paz departments in
1,350 lempiras (53 euros) per month.249 Honduras.
Paying a child less than the minimum wage
Two of the farms were not certied. They
is a crime punishable with between three to
are suppliers of Meira that sell their coffee
ve years of imprisonment in Honduras.250
through Boncaf which is part of the
In Honduras, the legal minimum working age Massimo Zanetti Green Coffee Group.253 The
is 14; however, children under the age of 14 three other farms were chosen after they
are allowed to work if they obtain permission were identied by two independent sources,
from the authorities. A permission is given if both Honduran coffee industry insiders, as
the authorities consider it necessary for the farms that sell their coffee through Coopera-
children to work in order to survive. In 2015, tiva Agropecuaria Regional Unin Chinacla
the UN Committee on the Rights of the Child or CARUCHIL. The name of CARUCHIL was
expressed its concern about the continuing provided to Finnwatch by Arvid Nordquist,
high rates of child labour and the inability of Gustav Paulig and Lfbergs Lila as one of
the labour inspectorate to identify cases of their suppliers of Fairtrade certied coffee
child labour in Honduras, and the lack of har- when Finnwatch asked the roaster in March
monisation of the Honduran Labour Code 2015 for details of their suppliers.
with international standards, including the ILO
In line with Finnwatchs ethical guide-
Minimum Age Convention.251
lines for research, attempts were made to
Although all forms of forced labour are pro- provide all investigated farms the possibility
hibited by law in Honduras, forced labour to comment on the eld research ndings
occurs in agriculture, street vending, domes- prior to the publication of this report. Con-
tic service, and in the drug trade and other tacting the farms however, proved chal-
criminal activity. Typical victims of forced lenging for example due to poor connections,
labour are rural and urban poor.252 and therefore in order to ensure right of
reply, Finnwatch turned to IHCAFE and local
authorities. Their representatives agreed to
communicate the ndings to the farms. Finn-
7.2 METHODOLOGY watch sent the ndings that had been trans-
The eld research in Honduras for this report lated into Spanish to the two contact persons
was done by a women and childrens rights for the rst time at the beginning of August
organisation Centro de Desarrollo Humano and again about a month later. In addition,
(CDH). In January 2016, CDH interviewed the eld research team spoke to them over
24 people who worked on ve different the phone several times. In one case, the
local authority was unable to communicate
248 US Department of State, 2016, Human Rights Re- the ndings to the farm. In the other case,
port 2015 Honduras, available at http://www. Finnwatch was able to conrm that the farm
state.gov/j/drl/rls/hrrpt/humanrightsreport/index.
htm#wrapper (accessed on 23 July 2016) owner had received the ndings; however,
249 Committee on the Rights of the Child: Combined they did not provide a response to Finnwatch
fourth and fth periodic reports of States parties
due in 2012: Honduras, available at http://tbinternet.
in time. Because Finnwatch has not been
ohchr.org/_layouts/treatybodyexternal/SessionDe- able to contact these farms directly, these
tails1.aspx?SessionID=829&Lang=en (accessed on two farms are not named in this report.
23 July 2016)
250 Article 134, Children and Adolescents Code 2014 Finnwatch was able to contact CARUCHIL
251 Committee on the Rights of the Child: Concluding
observations on the combined fourth and fth peri-
directly. When the ndings were sent to
odic reports of Honduras, available at http://tbinter- CARUCHIL for comments, they informed Finn-
net.ohchr.org/_layouts/treatybodyexternal/Down- watch that they are in fact no longer certi-
load.aspx?symbolno=CRC%2fC%2fHND%2fCO%
2f4-5&Lang=en (accessed on 23 July 2016) ed by Fairtrade. In their response, CARUCHIL
252 US Department of State, 2016, Human Rights Re- also said that one of the three farms included
port 2015 Honduras; US Department of Labor, List
of goods produced with child labour, available at
in the eld research was not a member of
https://www.dol.gov/ilab/reports/child-labor/list-of-
goods/ (accessed on 23 July 2016) 253 Meira, Marleena Bask, email 15 June 2015
45
Table 7 Farms investigated in Honduras

CARUCHIL (cooperative) Farm R Farm F

Location Chinacla, La Paz San Antonio, Corts Chinacla, La Paz

Certication Fairtrade certi ed between Non certied Non certied


19932016; UTZ certied

Cooperative / 325 members 35 ha in production 50100 ha in production


farm size

Link to coffee Supplier of Lfbergs Lila, Arvid Sells coffee to Boncaf pro- Sells coffee to Bon Cafe pro-
market in Finland Nordquist and Gustav Paulig cessing mill which is owned cessing mill which is owned
by the Massimo Zanetti Green by the Massimo Zanetti Green
Interviews for this report were Coffee Group. Coffee Group.
conducted on three farms,
two with 010 ha in produc- Supplier to Meira. Meira is Supplier to Meira. Meira is
tion and one with 1050 ha in part of the Massimo Zanetti part of the Massimo Zanetti
production. Beverage Group. Beverage Group.

the cooperative and that CARUCHIL had The youngest farmworkers who were inter-
never sold coffee from this farm on to its viewed for this report in Honduras were just
customers. This farm is referred to below as ve years old. Altogether six of the inter-
Farm E. viewees were below 18 years of age. Of
the adult interviewees, 11 were men aged
Fairtrade Finland conrmed in their response
between 25 and 61, and seven were women
that at the time of Finnwatchs eld research,
aged between 22 and 53. The majority of
CARUCHIL had still been Fairtrade certi-
the interviewees, including all minors, were
ed. Fairtrade auditors had found non-com-
tasked with picking coffee and carrying
pliances at the cooperative already in 2014
coffee cherry sacks to the weighing station.
and again in 2015. At both times, certication
Others were working as general labourers
was suspended until a corrective action plan
on the farms. Their tasks included applying
had been devised and implemented but even-
fertilizers, working in greenhouses, cleaning
tually in May 2016, CARUCHIL was decertied
and clearing land. The samples per farm were
following serious non-compliances. According
small partly due to difculties in arranging
to Fairtrade Finland, the main reason for
interviews with the workers in conditions
CARUCHILs decertication was problems
that would enable condentiality and ano-
with traceability, in other words, it was sus-
nymity. In addition to interviews with the
pected of having sold coffee from non-certi-
workers, coffee sector experts and local
ed farms to Fairtrade market. The responses
authorities were also interviewed for this
from both CARUCHIL and Fairtrade Finland
report. The information obtained from them
are discussed in more detail below.
was used to put the ndings from workers
One day before the publication of this report, interviews in to context.
Finnwatch found out that CARUCHIL is also
All of the interviewees were Honduran
UTZ certied. Despite the short notice, UTZ
nationals. Those in the department of La Paz
was able to conrm to Finnwatch that its
were indigenous peoples, whereas those in
auditors had found some non-compliances
Corts were mestizo Honduran. In the depart-
with regard to working conditions at the
ments of Corts and La Paz, most coffee
cooperative during the last audit, for which
farm workers are employed locally. Although
corrective actions were implemented. In
migrant labour is common in other coffee
addition, UTZ said that they will work closely
growing departments in Honduras, labour
with the auditors, with specic attention for
rights issues effecting migrant workers in
the issues raised in this report.
Honduras are not included within the scope
of this study.

46
HOTO:
TO CDH
TO: CD

Coffee being transported in


PHO

Chinacla, La Paz.
PH
H

7.3 INFORMAL, ORAL employ less than 10 permanent workers, the


EMPLOYMENT CONTRACTS requirements in this law do not apply to 90
According to the Honduran labour law, all per cent of the members of the cooperative.
workers should be given an employment con- Although the workers interviewed for this
tract in writing. This however, does not apply report had no contracts or long term job
to a large proportion of agricultural sector security, several of them had been working at
workers (labour law does not apply to small- the same farms for several years, some up to
holders), or those who are engaged in piece- 10 years. Generally, the workers at non-certi-
rate work for less than 60 days. Workers in ed farms had been with the same employer
the agricultural sector, especially farms, typi- longer than those at the Fairtrade certied
cally have informal employment relations farms. All interviewees had found employ-
and are therefore excluded from the benets ment through relatives, friends and neigh-
guaranteed by the labour law and in practice, bours or by directly approaching the farms
often excluded also from social security. without the involvement of any middlemen or
Of the workers interviewed for this report, labour brokers.
none had formal employment contracts.
Instead, they had all made verbal arrange-
ments with the foremen to work at the ve 7.4 CHILD LABOUR IS COMMON
investigated farms. In areas where the inter-
According to the interviewees, children
views were conducted, coffee farms are typi-
aged 13 years or younger were working on
cally located near each other and temporary
all ve farms, and on Farm E and Farm R,
workers and permanent workers are locals.
this included children as young as ve or
According to the workers testimony, if they
six years old. None of these children were
were unsatised with the terms and condi-
farm owners family members. These child
tions at their current place of employment,
labourers performed tasks such as harvesting
they could simply walk to another nearby
coffee cherries and carrying the coffee
farm and seek employment there. However,
sacks to a weighing station at the end of
according to the workers and local authori-
the working day. The amount of coffee that
ties, conditions and levels of pay are similar
the children carried to the weighing station
on each farm, and the workers have no pos-
varied from 2.5 to 37 kg depending on their
sibility to negotiate over the terms or rate of
age. The children who were interviewed for
pay.
this report said that they worked between
In their response, CARUCHIL noted that as ve to six hours at the farms associated with
the labour law does not apply to farms that CARUCHIL, and eight hours per day at the

47
Child labour at coffee farms and plantations

The US Department of Labor maintains a list of ture is particularly challenging as agriculture on


goods produced with child labour. According to the whole is often an under-regulated sector of
the list, there is child labour in coffee farms and work in many countries. Participation in some
plantations in Colombia, Cte dIvoire, Domini- agricultural activities is not always child labour.
can Republic, El Salvador, Guatemala, Guinea, Although agricultural work is also one of the
Honduras, Kenya, Mexico, Nicaragua, Panama, most hazardous work sectors, age-appropriate
Sierra Leone, Tanzania and Uganda. Child labour tasks that are of lower risk and do not interfere
is more common only in cotton, sugar-cane and with a childs schooling and leisure time can
tobacco cultivation. In 2015, coffee was im- be a normal part of growing up in a rural
ported to Finland from all countries highlighted environment.255
in bold in the above list.
The ILO Minimum Age Convention No. 138
Not all work done by children is considered (1973), ratied by168 countries, sets the
child labour. Childrens participation in work is minimum age for children to work generally at
generally not regarded as negative as long as it 15 years of age and not lower than the end of
does not affect their health, personal develop- compulsory education. Children between the
ment or schooling. The term child labour is ages of 13 and 15 may do light work, as long as
dened as work that deprives children of their it does not threaten their health and safety, or
childhood, their potential and their dignity, and hinder their education or vocational orientation
that is harmful to their physical and mental and training. The minimum age for work con-
development. Whether or not a particular form sidered hazardous is 18.256
of work can be called child labour depends on
An ILO case study on conditions of child labour
various factors, for example the childs age, the
in agriculture includes an assessment of risks to
type and hours of work and conditions under
the health of child labourers in coffee farming.
which it is performed.254
These include colds and u caused by damp
Child labour is most common in the agricultural and rain; heat exhaustion, heat stroke, skin
sector. Sixty per cent of child labourers work cancer and sunburns caused by exposure to
in agriculture, amounting to 98 million girls and sun, and; stings, bites and even death or serious
boys worldwide. The main cause of child labour injury and skin lesions caused by contact with
in agriculture is poverty, together with limited worms, ants, wasps, snakes, rodents and other
access to education and inadequate agricultural animals.257
technology. Eliminating child labour in agricul-

254 ILO, What is child labour, available at http://www.ilo. 255 ILO, Child labour in agriculture, available at http://
org/ipec/facts/lang--en/index.htm (accessed on 27 www.ilo.org/ipec/areas/Agriculture/lang--en/index.
July 2016) htm (accessed on 27 July 2016)
256 ILO, Convention 138 Minimum Age Convention,
1973, available at http://www.ilo.org/dyn/normlex/
en/f?p=1000:12100:0::NO:12100:P12100_INSTRU-
MENT_ID:312283 (accessed on 27 July 2016)
257 ILO, 2003, Estudio de condiciones y medio ambiente
del trabajo infantil en la agricultura: Cafe, Costa Rica

48
non-certied farms. According to the Hondu- running campaigns aimed at changing atti-
ran labour law, children under 17 years of age tudes towards child labour and operates
can work for a maximum of six hours per day; a weekend school where subjects such as
however, as discussed above, the minimum English language and computer skills are
age legislation in Honduras is not in line with being taught.
international standards.
In their response, Fairtrade Finland noted that
In Honduras, the school term for primary edu- the Fairtrade auditors found children below
cation starts at the beginning of February and the age of 15 working at farms belonging to
nishes with nal exams in the rst week of CARUCHIL cooperative already in 2014, and
November. As the coffee harvest season typi- that the cooperatives certication was sus-
cally lasts from October until the end of Feb- pended until corrective actions had been
ruary, children often miss class at the end implemented. Allegations of child labour at
and in the beginning of school terms. Of the Fairtrade certied farms always trigger a
children interviewed for this report, those special procedure known as Protection Poli-
who were working on Farm E said that they cies and Procedures for Children and Vul-
do not go back to school until March. nerable Adults. Fairtrade Finland also noted
that risks related to child labour cannot be
According to the interviewed workers, chil-
dealt with only through forbidding such prac-
drens age is not checked at any of the farms,
tices and monitoring. Instead, Fairtrade seeks
and the foremen readily accept that parents
to encourage smallholder farmers and the
bring their children to work with them. Most
community to assume responsibility over
commonly the amount picked by the children
the issue. According to Fairtrade Finland,
is added to the amount that their parents
CARUCHIL has received plenty of training on
have harvested when the parents piece-rate
child labour. In 2013, CARUCHIL became the
wages are calculated. Some children work
rst Fairtrade certied cooperative where the
together with their parents but children can
Youth Inclusive Community Based Monitoring
also work unsupervised and apart from their
and Remediation programme was piloted in
parents at the farms. At least on Farm E and
2013. Since then the programme has been
Farm R, there were some children working
piloted in 13 other countries. According to
whose parents were not working on these
Fairtrade Finland, with the help of the pilot,
farms at all. On all ve farms, some children
CARUCHIL identied some risks related to
were also being paid directly.
child labour on two farms and consequently,
The Coroasters Code of Conduct bans the implemented several corrective action
use of child labour as it is dened by the ILO. measures and developed an action plan to
The Fairtrade standard for hired labour pro- prevent child labour.
hibits the employment of children under the
age of 15 or under the minimum age dened
by national law, whichever is higher.
7.5 PIECE-RATE PAY OF LESS THAN
In their response, CARUCHIL noted that as HALF THE MINIMUM SALARY
the school holidays largely coincide with On all ve investigated farms, the amount
the harvest season, many parents who are that the workers harvest is weighed and
working on the farms bring their children noted down each day. The workers pay
to work because it is safer than to leave depends on the amount they harvest. Most
them alone at home; this, however, does not workers interviewed for this report said
mean that the children would be working. that they trust the weighing system. The
CARUCHIL also noted that eliminating child workers collect their pay typically once a
labour is challenging as it is widespread and week, around noon on Saturdays. They are
culturally accepted in Honduras, and also paid in cash and receive no salary slips.
often necessary due to poverty. However, in None of the interviewed workers reported
order to address the situation, CARUCHIL is

49
deductions from their salaries, or irregulari- lempiras (314 euros), respectively. Most
ties in payment. workers interviewed for this report, who
had an average family size of six, used their
The workers interviewed for this report
scarce income to buy beans, rice, sugar,
reported pay of between between 100 and
butter, corn, coffee, salt and soap. All of the
125 lempiras (3.934.92 euros) per quintal258
interviewees said that their levels of income
of coffee during the harvest season 2015/16.
vary throughout the year. In addition, several
This meant earnings of roughly between
of the interviewees said that they would
2,430 and 4,420 lempiras per month (95.55
have to ask for credit at local stores, and/or
173.80 euros) depending on the amount of
nd alternative means to earn money such
coffee cherries they harvest. In the inter-
as selling tamales (a type of traditional food)
view sample, workers at farms that were
or temporary, even daily, work in other crops
smaller in size reported lower levels of pay
to cover medical expenses, afford decent
whereas the workers at Farm E reported the
clothing or to pay for the equipment needed
highest levels of monthly earnings during
for school. Four interviewees reported having
the harvest season. However, all workers
taken loans from rural nancial institutions or
reported monthly earnings signicantly below
nancing NGOs which they used to buy agri-
the legal minimum wage for the agricultural,
cultural supplies.
hunting and shing sector which, in 2015 was
5,385 lempiras (211 euros) for rural compa- In their response CARUCHIL conrmed
nies with between one and 10 employees, that during the 2015/2016 harvest season
5,666.64 lempiras (222.82 euros) for compa- cooperative members paid workers 100 lem-
nies with 1150 employees, and 5,856 lem- piras per quintal. According to them, workers
piras (230.27 euros) for companies with 51 would harvest approximately between 1.50
to 150 employees. In 2016, each segment of and 2 quintals per day.
minimum wage was raised by 5 per cent.259
In their response Fairtrade Finland noted
Earnings reported by the workers outside that Fairtrade auditors had found low levels
the harvest season were even lower. Perma- of payment for seasonal workers already
nent workers on four of the farms reported in 2015, which again led to the suspension
pay between 80 and 100 lempiras per day of the cooperatives certication. Fairtrade
outside the harvest season (3.153.93 euros). Finland also acknowledged, that smallholder
Workers on the Farm R reported weekly pay coffee farmers often nd it difcult to take
between 200 and 600 lempiras (7.8623.59 into account the needs of their seasonal
euros). workers due to economic hardship which
they themselves also face. Therefore, Fair-
According to several interviewees, the low
trade certication criteria for hired labour are
levels of pay are one of the reasons why child
different for smallholders and plantations. Cri-
labour is so prevalent in the coffee sector
teria that apply to hired labour at smallholder
in Honduras. The working adults are simply
farms will be further developed to better
unable to earn sufcient levels of income to
response to the challenges related to sea-
support their families.
sonal hired labour in particular.
The Honduran national statistics organ INE,
Fairtrade Finland also noted in their response
maintains a cost calculation for a basic food
that a solution to many of the problems
basket. In 2015 and 2016, the cost of the
raised in this case study lies in guaranteeing
INE basic food basket for a family of ve
sufcient levels of income to both the small-
was 7,780 lempiras (306 euros) and 7,980
holder farmers and their hired, seasonal

258 A quintal in Honduras equals about 46 kg.


259 Secretar a de Estado en los Despachos de Trabajo
y Seguridad Social, available at http://www.congre-
sonacional.hn/transparencia/images/leyes/2014_2/
STSS-_Acuerdo_No._STSS-599-2013-_Salario_
Minimo_2014_a_2016.pdf (in Spanish)

50
workforce. Fairtrade minimum price, and the long-sleeved shirts, boots, hats and rain gear
social premium paid to the cooperatives, are to wear at work. The workers at non-certied
a means to achieving this. However, when farms reported also having purchased some
the cooperatives cannot sell their coffee to of their own tools. Of all the interviewees only
Fairtrade market, this safety net is rendered one who was working at a CARUCHIL farm,
inadequate. In 2014, according to Fairtrade reported having received training on occupa-
Finland, the Fairtrade certied coopera- tional health and safety.
tives in Honduras were able to sell 75 per
According to the Honduran labour law,
cent of their crop to Fairtrade market, which
employers should undertake proper
according to Fairtrade, is a high percentage.
measures to protect the workers from occu-
Fairtrade Finland however, was unable to
pational hazards and compensate workers
tell how large a proportion of their coffee
for accidents at work. Fairtrade Finland in
CARUCHIL was able to sell to the value-added
their response said that Fairtrade auditors
market.
had recorded shortcomings in personal pro-
tective equipment and in rst aid skills and
equipment at CARUCHIL farms during audits,
7.6 LACKING PROTECTIVE EQUIPMENT; which had lead to corrective actions.
NO COMPENSATION FOR SICK LEAVE
During coffee harvest, adult and child
workers at the investigated farms reported 7.7 PROBLEMS WITH ACCESS TO
being exposed to various health hazards POTABLE WATER AND SANITATION
including the damp and the cold (which can
The verbal arrangements that the workers
be intense in December), but also heat, and
had made with the foremen at the farms,
animal stings and bites. Most commonly the
stipulated working hours which were in line
workers interviewed for this report com-
with the Honduran labour law (i.e. eight hours
plained of respiratory problems and of heat-
a day, 44 hours per week). However, seasonal
strokes and headaches; complaints of diar-
workers said that if they wanted to earn
rhoea and vomiting were less common.
more, they could start work earlier and leave
According to all of the interviewees, they later. Some permanent workers reported
receive no sick pay. If they feel ill in the occasionally working overtime for which they
morning and cannot go to work, they will would receive extra compensation.
simply lose the days income. If they fall ill
In their response, CARUCHIL noted that the
during the day, they will have to arrange and
workers at the investigated farms typically
pay for medical care themselves.
work from 7am until 2pm, including an hours
The workers also reported that they would break for lunch.
receive no compensation in case of an acci-
According to the interviewees, only the
dent or injury at work. Only one interviewee
workers on Farm F said that they have access
from Farm F suggested that in case of an
to drinking water and toilets where they
accident at work they would be taken to see
work. More typically, the workers carry their
a doctor. On the CARUCHIL farms, workers
own water to work and relieve themselves in
said that in case of an accident, they would
the elds.260 Taps for drinking water were in
be either administered rst aid, taken to see
the process of being installed at Farm E.
a doctor, or given money to arrange for trans-
portation to see a doctor.

Of the interviewed workers, only the perma-


nent workers at Farm F reported having been
given personal protective equipment (masks
and goggles). All other interviewees reported 260 On one CARUCHIL farm and on Farm R, the workers
having purchased their own clothing such as had access to drinking water in the farm house but
not in the elds where they work.

51
Coffee smallholders and farmworkers food security

About 13 per cent of the worlds population to this kind of intermittent food security, such
lives in extreme poverty,261 and approxi- as long-term structural food insecurity and
mately 12.9 per cent of all people are under- sudden food insecurity which can be caused for
nourished.262 Poverty and hunger go hand in example by changes in climatic conditions such
hand. The worlds poor are smallholder farmers, as droughts or political conicts.266
landless agricultural workers, nomads, women
Existing academic literature suggests that
and children. A signicant proportion of their
coffee smallholders also suffer from intermit-
income is spent on food (an estimated 60 to 80
tent food insecurity especially during the rainy
per cent whereas the average in Finland, for
season and the planting season, and also
example, is 10 per cent).263 Food security is one
during the rst months of the harvest season
of the commonly used welfare indicators.
when the prots from the sales of the previous
According to the Food and Agriculture Or- years crops have already been spent but the
ganization (FAO), food security exists when new crop has not yet been sold. These studies,
people, at all times, have physical, social and which have been heavily focussed on Central
economic access to sufcient, safe and nutri- American coffee producing countries, have
tious food which meets their dietary needs found food insecurity at about 63100 per
and food preferences for an active and healthy cent of the investigated farms.267 Statistically,
life.264 The four dimensions of food security poverty and food insecurity are more common
are availability, access, utilisation and stability.
In other words, the production of food or the
amount of available food alone are not suf-
cient to guarantee food security. Food insecurity
exists also in countries that produce food, and
where food is available in the market. About 266 Karttunen, K., Kihlstrm, L. & Taivalmaa, S., 2014,
half of people suffering from food insecurity live Nlk ja yltkyllisyys
267 See for example Bacon C.M., Mndez V. E., Gomez
in families engaged in agricultural activities.265 M., Stuart D. & Flores S., 2008, Are Sustainable Cof-
fee Certications Enough to Secure Farmer Live-
Smallholder farmers in developing countries lihoods? The Millenium Development Goals and
often suffer from intermittent food insecurity Nicaraguas Fair Trade Cooperatives, Globalizations
5(2):259-274, available at https://www.uvm.edu/
because their own production is not sufcient giee/pubpdfs/Bacon_2008_Globalizations.pdf; Camp-
to meet their and their families needs for bell C., 2013, East Timorese Sell Their Coffee to Star-
bucks, Starve at Home, Time Magazine, available at
the entire year and because they do not have
http://world.time.com/2013/10/25/the-east-timore-
necessary funds to buy food. At the same time se-are-selling-tons-of-great-organic-coffee-but-they-
they typically also do not have the resources still-starve/ (accessed on 21 July 2015); Caswell M.,
Mndez V.E. & Bacon C.M., 2012, Food security and
needed to transition to more efcient and smallholder coffee production: current issues and
higher yielding farming techniques or practices, future directions. ARLG Policy Brief # 1., Agroeco-
logy and Rural Livelihoods Group (ARLG), University
or these are not suitable for local conditions. of Vermont. Burlington, VT, USA, available at http://
Other forms of food insecurity exist in addition www.uvm.edu/~agroecol/CaswellEtAl_FoodSecuri-
tyCoffeeARLG%20pb1_12.pdf; Mndez V. E., Bacon
C. M., Olson M., Petchers S., Herrador D., Carran-
261 World Bank, Poverty Overview, available at http://
za C., Trujillo L., Guadarrama-Zugasti C., Cordn A.
www.worldbank.org/en/topic/poverty/overview (ac-
& Mendoza A., 2010, Effects of Fair Trade and orga-
cessed 31 August 2016)
nic certications on small-scale coffee farmer hous-
262 FAO, The State of food insecurity in the world 2015,
eholds in Central America and Mexico, Renewable
available at http://www.fao.org/hunger/key-messa-
Agriculture and Food Systems 25(3):236-251, avai-
ges/en/ (accessed 31 August 2016)
lable at http://journals.cambridge.org/abstract_
263 Karttunen, K., Kihlstrm, L. & Taivalmaa, S., 2014, S1742170510000268 (accessed on 21 July 2015);
Nlk ja yltkyllisyys Ruokaturva maailmassa (in Morris K.S., Mndez V. E. & Olson M. B., 2013,Los
Finnish), Gaudeamus meses acos: seasonal food insecurity in a Salvado-
264 FAO, Food security statistics, available at http:// ran organic coffee cooperative, The Journal of Pea-
www.fao.org/economic/ess/ess-fs/en/ sant Studies 40(2):457-480, available at http://www.
265 Karttunen, K., Kihlstrm, L. & Taivalmaa, S., 2014, tandfonline.com/doi/abs/10.1080/03066150.2013.77
Nlk ja yltkyllisyys 7708#.Va4CjvlUyUk (accessed on 21 July 2015)

52
in Southeast Asia and Sub-Saharan Africa,268 nutrition and the promotion of sustainable
but in these regions the links between coffee agriculture is also one of the UN Sustainable
cultivation and food insecurity have been Development Goals.273 Ending hunger is not a
studied less. However, researchers have shown new goal, and over the years, several initiatives
that in the coffee growing regions in Ethiopia, at both international and national levels have
India, Indonesia, Kenya and Viet Nam 30 per aimed at the elimination of hunger through
cent of children are small for their age. Stunting various means. Food security is also one of the
can be a sign of chronic food insecurity.269 priorities for the ofcial development aid of the
Finnish government.274
Some of the recent studies have also brought
to light food insecurity among hired labour at FAO guidelines for the practical application of
smallholder coffee farms. For example, ac- a human rights based approach to achieving
cording to a comparative survey study focussed food security emphasize peoples access to
on six research sites in Ethiopia and Uganda, adequate food alongside measures to increase
the farmworkers at smallholder coffee farms food production and making it more efcient. In
consumed less meat, milk and yoghurt, and practice this means adequate levels of income
teff270 than other people living in same area.271 and for example, that people are paid a living
wage.275
The right to adequate food as a basic human
right was rst recognised in the Universal Brazil is one of the food security success
Declaration of Human Rights as part of the stories in the world. Ensuring that all people
right to a decent standard of living. It is also could eat three meals a day became political
included in the International Covenant on priority in Brazil in 2003 with the launch of
Economic, Social and Cultural Rights.272 Ending the Zero Hunger (Fore Zero) programme. By
hunger, achieving food security and improved 2006, the undernourishment rate in Brazil had
been halved. The programme comprised a set
of actions linking social protection to policies
268 See for example Global Food Security Index, avai-
lable at http://foodsecurityindex.eiu.com/Resources for promoting income equality and distribu-
and Global Hunger Index, available at https://www. tion and nutrition such as Family Allowance
ifpri.org/topic/global-hunger-index (accessed on 21
July 2015)
Programme (Programa Bolsa Famllia), school
269 Dorp, M. van, Vries, K. de, McClafferty, B. & Wei- meals and support for family farm production
ligmann, B, 2013, Increasing coffee productivity through credit loans and training. The Zero
through improved nutrition A call to action, avai-
lable at https://www.wageningenur.nl/en/Pub- Hunger programme was later continued as part
lication-details.htm?publicationId=publication- of the wider Brazil without Extreme Poverty
way-343430353438 (accessed on 31 August 2016)
(Brasil sem Misria) plan.276 Other contributing
270 Teff is an edible grass, high in protein, carbohydrates
and bre. factors include growth in GDP and the policy of
271 The Fair Trade, Employment and Poverty Reduction adjusting minimum wages to ination.
Project, 2014, Fairtrade, Employment and Poverty
Reduction in Ethiopia and Uganda Final Report to
DFID, available at http://ftepr.org/wp-content/uplo-
ads/Response-to-Fairtrade-Statement-on-FTEPR-Fi-
nal-Report-Posted.pdf
272 According to Article 25 of the UDHR, Everyone has
273 UN Sustainable development goals, available at
the right to a standard of living adequate for the
https://sustainabledevelopment.un.org/?menu=1300
health and well-being of himself and of his family, in-
(accessed on 31 August 2016)
cluding food, clothing, housing and medical care and
necessary social services, and the right to security in 274 Ministry for Foreign Affairs, Suomen kehityspolitiikan
the event of unemployment, sickness, disability, wi- tavoitteet ja periaatteet, available at http://formin.
dowhood, old age or other lack of livelihood in cir- nland./Public/default.aspx?nodeid=49312&conten
cumstances beyond his control. According to Article tlan=1&culture=-FI#Painopisteet (in Finnish, acces-
11 of the ICESCR, The States Parties to the present sed on 31 August 2016)
Covenant recognize the right of everyone to an ade- 275 FAO, 2005, Voluntary guidelines to support the prog-
quate standard of living for himself and his family, in- ressive realization of the right to adequate food in
cluding adequate food, clothing and housing, and to the context of national food security, available at
the continuous improvement of living conditions. The http://www.fao.org/docrep/014/i2250e/i2250e.pdf
States Parties will take appropriate steps to ensure 276 FAO, 2014, The state of food insecurity in the world:
the realization of this right, recognizing to this effect Strengthening the enabling environment for food
the essential importance of international co-operati- security and nutrition, available at http://www.fao.
on based on free consent. org/3/a-i4030e.pdf

53
8 CASE India

8.1 COFFEE SECTOR IN INDIA 8.1 BACKGROUND: LABOUR


In India, coffee has traditionally been grown RIGHTS ISSUES IN INDIA
in Karnataka and two other southern states, Indias HDI value put the country in the
Kerala and Tamil Nadu. Nowadays, coffee is medium human development category. Most
also grown in other parts of India, such as people are employed in the agricultural
the states of Andhra Pradesh and Odisha sector, and almost 12 per cent of the chil-
on Indias eastern coast.277 India used to dren aged between 514, are working. Of the
produce mostly the arabica variety, but now total working population, about 55 per cent
produces mostly robusta. are categorised as working poor, and the vast
majority are considered to be in vulnerable
About 70 per cent of the coffee in India is
employment.285
produced by smallholders with land up to 10
hectares. In 201415, over 600,000 people
were employed in coffee plantations across Freedom of association
India. The gure includes both permanent and India has not ratied ILO Core Conventions 87
temporary labour.278 and 98, which cover the right to organise and
collective bargaining National laws guaran-
Countrywide, the area where coffee is grown
tee these rights, but the employer is not obli-
has increased from approximately 90,000
gated to recognise a union or to engage in
hectares in 195051 to 420,000 hectares in
collective bargaining. Existing trade unions
201415.279 During this time, Indias share of
predominantly represent formal economy
the worlds coffee exports increased slightly
workers, and the unionisation rate is very
to approximately 4.6 per cent in 201415.280
low among the majority of workers.286 Where
In 20142015, India produced 327 million kg
unions exist, many employers bypass them
of coffee281, of which more than 283 million
and negotiate instead with employer-estab-
kg were exported.282 The post-monsoon pro-
lished yellow unions or individual workers.
duction forecast for 201516 is 350 million
Limitations to the right to strike exist at both
kg. Domestic consumption of coffee in India
national and state levels.287 Harassment of
almost doubled between 2000 and 2011.283
trade union leaders and worker representa-
Imports of Indian coffee to Finland peaked tives is common.288
in 2012, when more than 700,000 kg were
shipped over. Since then, the volume of
imports to Finland has dropped to approxi-
mately 360,000 kg in 2015.284
285 UNDP, Human Development Report 2015 Brieng
note for India, available at http://hdr.undp.org/sites/
all/themes/hdr_theme/country-notes/IND.pdf
277 Coffee Board of India, Statistics on Coffee, available 286 Papola, Trilok Singh, 2013, Role of Labour Regulation
at http://www.indiacoffee.org/coffee-statistics.html and Reforms in India, ILO Employment Working Paper
(accessed on 2 June 2016) No. 147, available at http://www.ilo.org/wcmsp5/
groups/public/---ed_emp/---ifp_skills/documents/
278 Coffee Board of India, Database on Coffee, Februa-
publication/wcms_232497.pdf; Sen Ratna, 2013, Or-
ry 2016 Part 1, available at http://www.indiacoffee.
ganizing the Unorganized Workers: The Indian Scene,
org/Database/DATABASE_Feb16_I.pdf (accessed on
The Indian Journal of Industrial Relations, available at
2 June 2016)
http://wiego.org/sites/wiego.org/les/publications/
279 Coffee Board of India, Database on Coffee, February
les/Jhabvala_Unorganized_Workers_IJIR.pdf
2016 Part 1
287 ILO, 2011, Challenges, Prospects and Opportunities
280 Coffee Board of India, Database on Coffee, February
of Ratifying ILO conventions Nos. 87 and 98 in India,
2016 Part 1
available at http://www.ilo.org/wcmsp5/groups/
281 Coffee Board of India, Statistics on Coffee public/---asia/---ro-bangkok/---sro-new_delhi/docu-
282 Coffee Board of India, Exports of coffee from India by ments/publication/wcms_165765.pdf
Countries, available at http://www.indiacoffee.org/ 288 See for example International Trade Union Confe-
Indian%20Coffee/countrywise_exports4.8Dec15.pdf deration, Survey of violations of trade union rights
283 Coffee Board of India, Statistics on Coffee India: In practice, available at http://survey.ituc-csi.
284 ITC, Trade map org/India.html#tabs-3 (accessed on 12 July 2016)

54
Minimum wage laws on occupational health and safety do
Indias minimum wage law was enacted in not apply to the large informal sector, and
1948. As a result of a complex method of ineffective implementation of legislation and
determining the minimum wage, there are poor monitoring of compliance with health
over 1,200 different minimum wages in place and safety regulations are a problem. Aware-
across India. Even then, minimum wages are ness of occupational health and safety is
only set for certain employment sectors and often meagre, and due to shortage of work,
occupations (known as Scheduled Employ- workers are willing to work in potentially dan-
ment) meaning that not all wage-earners are gerous conditions. Occupational health and
covered. In those sectors and occupations safety provisions that apply to agricultural
where minimum wages are set, they vary workers are specic regulations governing
between skill level and state even for the the use of insecticides and dangerous
same occupation.289 The current minimum machinery, and laws pertaining to plantation
daily wages are, for example, almost 248 workers.294
rupees (3.30 euros) in Karnataka for planta-
tion labour in the coffee sector.290 In Odisha, Child and forced labour
according to the Coffee Board of India, the Child labour remains commonplace in India,
prevailing daily wage for coffee plantation especially in agriculture and manufac-
workers is 126 rupees (1.68 euros) which is turing.295 In recent years, the Indian govern-
signicantly lower than the minimum wage ment has taken steps to eliminate the worst
for unskilled agricultural work in Odisha at forms of child labour but the basic legal pro-
200 rupees (2.67 euros).291 tections for working children remain weak.
India has not ratied ILO Core Conven-
Occupational health and safety tions 138 and 182 on minimum working age
India has ratied only ve ILO conventions and elimination of the worst forms of child
on occupational health and safety.292 Still, labour.296 Although according to national
Indias Constitution emphasises the health statistics, child labour in India decreased
and safety of workers. India also has a between 2001 and 2011 to a gure of just
national policy programme for occupational over 4.4 million, the unofcial estimates put
health and safety. Additionally, the govern-
ment has enacted more specic provisions 294 See for example US Department of State, 2015,
Country report on human rights practices: India,
concerning occupational health and safety available at http://www.state.gov/j/drl/rls/hrrpt/hu-
in four sectors: construction, factory work, manrightsreport/index.htm#wrapper (accessed on
22 July 2016)
harbour work and mining.293 However,
295 See for example US Department of Labor, List of
goods produced by child labor or forced labor, avai-
289 Belser, P. And Rani U.2010, Extending the coverage lable at http://timesondia.indiatimes.com/city/
of minimum wages in India: Simulations from hous- delhi/Govt-in-process-of-amending-Minimum-Wages-
ehold data, available at http://www.ilo.org/wcmsp5/ Act/articleshow/52108736.cms (accessed on 12 July
groups/public/@ed_protect/@protrav/@travail/docu- 2016)
ments/publication/wcms_145336.pdf (accessed on 296 ILO, Ratications for India. For more information on
12 July 2016) child labour in India, see for example US Department
290 Coffee Board of India, Database on Coffee, February of Labor, 2014 Findings on the worst forms of child
2016 Part 1 labour India, available at https://www.dol.gov/
291 Paycheck.in, Minimum wages in India 2016, available agencies/ilab/resources/reports/child-labor/india (ac-
at http://www.paycheck.in/main/salary/minimumwa- cessed on 11 June 2016). Indias Minister of Labour
ges (accessed on 12 July 2016). In traditional coffee announced in September 2016, that India is ready to
growing areas in India, coffee plantation workers are ratify ILO conventions 138 and 182, see http://indian-
in a different minimum wage category than unskilled express.com/article/india/india-news-india/india-rea-
agricultural workers. dy-to-ratify-ilo-conventions-on-child-labour-bandaru-
292 ILO, Ratications for India, available at http://www. dattatreya-3052644/ (accessed on 11 October 2016)
ilo.org/dyn/normlex/en/f?p=1000:11200:0::NO:11200
:P11200_COUNTRY_ID:102691
293 ILO, Occupational Safety and Health, India 2013,
available at http://www.ilo.org/dyn/legosh/
en/f?p=14100:1100:0::NO:1100:P1100_ISO_
CODE3,P1100_YEAR:IND,2013:NO (accessed on 19
August 2016)

55
the number of child workers closer to 50 especially weak position. In the professional
million.297 and work world, caste-based discrimination
can mean, for example, a wage gap between
Indias Constitution forbids forced labour
the Dalits and other population groups, dis-
and the use bonded labour was further pro-
crimination in the benets offered by an
hibited with a separate law in 1976. However,
employer or limited access to certain types of
poor implementation of legislation has led to
jobs.301 Dalits are often assigned the dirtiest,
mediocre results only.298 The most common
most menial and hazardous jobs which
form of forced labour in India is bonded
further add to the stigmatisation that they
labour, which also involves child labour
face in the society.302
as children are forced to work as bonded
labourers to pay off family debt. Non-agri- Only a small percentage of women partici-
cultural sectors with high levels of bonded pate in the labour force in India. Cultural
labour are stone quarries, brick kilns, rice and social norms that discriminate against
mills, construction, embroidery and beedi299 women, weak implementation of laws that
production. promote gender equality and the prevalence
of gender-based violence, including sexual
According to the ILO, there is a clear con-
violence, prevent a large number of women
nection between the long-term structural
from enjoying equal rights and opportunities
discrimination of population groups, such
at work. Women are still often employed in
as the caste system, and forced labour. An
traditional womens professions, as maids,
overwhelming majority of victims of bonded
cooks, seamstresses, nurses and cleaners,
labour in India are believed to be Dalits (see
which are low-skilled and low-paid.303
below under Discrimination) or indigenous
peoples.300
Internal migrant workers

Discrimination Estimates on the number of internal migrants


in India vary, but according to data from of-
Indias Constitution prohibits caste-based
cial censuses, they number over 300 million.
discrimination. However, due to deep-rooted
Work and marriage are the most common
prejudices, ineffective implementation of
reasons for migration, and migration can
legislation and impunity, caste-based dis-
entail settling for a longer period of time in
crimination is commonplace. The Dalits (of-
a new location or short-term moves for sea-
cially known in India as Scheduled Castes),
sonal work. The majority of seasonal migrants
who fall outside the caste system, and indige-
are poor and have little education.304
nous peoples (Scheduled Tribes) are in an

301 ILO, 2011, Equality at Work, Global Report under


297 Guardian, 23 February 2013, Rescuers fear India the follow-up to the ILO Declaration on Fundamen-
will drop new law banning child labour, available at tal Principles and Rights at Work, available at http://
http://www.guardian.co.uk/law/2013/feb/23/india- www.ilo.org/wcmsp5/groups/public/@ed_norm/@rel-
law-child-labour (accessed on 11 June 2016) conf/documents/meetingdocument/wcms_154779.
298 The Constitution of India, 1949, available at http:// pdf; see also International Dalit Solidarity Network,
india.gov.in/sites/upload_les/npi/les/coi_part_full. Caste Discrimination in Business Operations, availab-
pdf; Bonded Labour System Abolition Act, 1976, avai- le at http://idsn.org/business-csr/ (accessed on 11
lable at http://pblabour.gov.in/pdf/forms_procedu- June 2016)
res/procedure01_bonded_labour_system_abolition_ 302 Dalit Solidarity Network UK, Caste discrimination,
act_1976.pdf available at http://dsnuk.org/caste-discrimination/
299 Traditional Indian cigarette made of cut tobacco rol- (accessed on 12 July 2016)
led in leaves 303 ILO, India Decent Work Country Programme 2013-
300 ILO, 2005, A Global Alliance Against Forced Labour, 2017, available at http://www.ilo.org/wcmsp5/
Global Report under the Follow-up to the ILO Decla- groups/public/---asia/---ro-bangkok/---sro-new_delhi/
ration on Fundamental Principles and Rights at Work documents/genericdocument/wcms_232655.pdf
2005, available at http://www.ilo.org/public/english/ 304 Unesco, Internal Migration in India Initiative For a
standards/relm/ilc/ilc93/pdf/rep-i-b.pdf (accessed on Better Inclusion of Internal Migrants in India, avai-
31 August 2016); International Dalit Solidarity Net- lable at http://www.unesco.org/new/leadmin/MUL-
work, 2015, Diversity in the workforce: why it is good TIMEDIA/FIELD/New_Delhi/pdf/Policy_briefs_full_
for business, available at http://idsn.org/wp-content/ low_02.pdf (accessed on 10 December 2014); UNDP,
uploads/2015/05/Diversity-in-the-workforce-why-it- 2009, Migration and Human Development in India,
is-good-for-business-%E2%80%93-Deshpande-ILO- available at http://hdr.undp.org/sites/default/les/
study.pdf (accessed on 31 August 2016) hdrp_2009_13.pdf (accessed on 10 December 2014)

56
Migrants often work in the informal economy was determined by whom the eld research
in poor working conditions, without any team could gain access to. A few of the inter-
social security. Their salaries are often low views were conducted inside the planta-
and payment is uncertain. It is also often dif- tion in workers living quarters, in conditions
cult for migrants to nd housing with clean that allowed condentiality and anonymity.
drinking water and proper sanitation, and However, the eld research team was not
their access to public services such as educa- able to return to conduct more worker inter-
tion and health care is limited.305 views on the farm as they were spotted by
the plantation security personnel who told
them that they needed permission from the
company to enter. This appears to be in stark
8.2 METHODOLOGY contrast with the Plantation Labour Act and
Finnwatchs partner organisation Cividep Karnataka Plantations Labour Rules which
India conducted eld research in India for guarantee the public free access to planta-
this report. Bangalore-based Cividep India is a tion workers living quarters.306 The rest of
labour rights organisation focused on corpo- the interviews were conducted off-site.
rate social responsibility.
In addition to the interviews with workers
In November and December 2015, Cividep at Anandapura plantation, a manager and
interviewed 10 randomly selected workers people from the Scheduled Tribes commu-
from Anandapura plantation in Coorg, Karna- nity at another Tata Coffee plantation in
taka. Anandrapura is one of the Tata Coffee Coorg were also interviewed for this report.
plantations (see page 58). In 2013, Gustav The manager agreed to speak to the eld
Paulig sourced coffee from eight Tata farms, research team on condition of anonymity
one of which was the Anandapura. The inter- only, as employees are not allowed to share
viewed workers performed various tasks, information with outsiders without the com-
including coffee-picking, pruning, weeding, panys permission.
composting, fertilizing and spraying pesti-
cides at the farm. Of the interviewees, four The eld research ndings were shared with
were women aged between 35 and 56, while Tata Coffee, SAAS, SAN/RA and UTZ prior
six were men aged between 20 and 60. Two to the publication of this report. SAAS and
were seasonal workers, while the other eight SAI requested DNV GL, an auditing rm, to
were either permanent workers or employed respond to Finnwatch.
on a temporary basis, but working year-round All certication schemes and Tata Coffee
on the plantation. All interviewees were rst in their responses pointed out that the
or second generation migrant workers. Some interviewee sample was very small (less
were originally from Tamil Nadu, and Dalits, than 1 per cent of the total workforce at
the rest were from Kerala or Assam. Anandapura farm). However, the certica-
The researchers faced difculties in making tion schemes also acknowledged that the
contact with the plantation workers. As a small sample size does not detract from the
result, the interview sample does not neces- research ndings relevance. In addition,
sarily reect the ethnic make-up of the Anan- UTZ said that during the most recent audit
dapura plantations workforce, as the sample of the Tata Coffee farms, some issues with
working conditions were identied for which
305 Unesco, 2012, Internal Migration in India Initiative
For a Better Inclusion of Internal Migrants in India,
available at http://www.unesco.org/new/leadmin/ 306 Plantations Labour Act 1951, available at http://
MULTIMEDIA/FIELD/New_Delhi/pdf/Policy_briefs_full_ www.ilo.org/dyn/legosh/en/f?p=14100:503:123
low_02.pdf; UNDP, 2009, Migration and Human De- 57261523202::NO:503:P503_REFERENCE_FILE_
velopment in India, available at http://hdr.undp.org/ ID:131784:NO; Karnataka Plantations Labour Rules,
sites/default/les/hdrp_2009_13.pdf; Abbas Rameez available at http://iboblr.in/labour/wp-content/uplo-
& Varma Divya, 2014, Internal Labor Migration in ads/2015/10/THE-PLANTATIONS-LABOUR-KARNATA-
India Raises Integration Challenges for Migrants, Mi- KA-RULES-1956-new-part-1.pdf (accessed on 12 July
gration Information Source, available at http://www. 2016). The Karnataka Plantations Labour Rules state
migrationpolicy.org/article/internal-labor-migration- that The employer shall not deny to the public free
india-raises-integration-challenges-migrants (acces- access to those parts of the plantation where the
sed on 11 June 2016) workers are housed.

57
corrective actions have been successfully internationally well-known coffee brands
implemented, but provided no further details. such as Illycaff, Nespresso and Lavazza.310

Tata Coffee said that the small sample size Tata Coffee has 19 coffee farms, 18 of which
might have been a contributing factor in are located in Karnataka. The total size of
what they say were inaccurate ndings. Tata Tatas coffee farms is 8,037 hectares.311 All
Coffee also said that due to the vast area of Tata Coffee plantations are UTZ, Rainforest
the plantation and local conditions, unmoni- Alliance and SA8000 certied.312
tored entry by outsiders could present a
Tata Coffee has adopted a Code of Conduct
security risk and that therefore, for the safety
and an Afrmative Action Policy aimed at
of the workers and their families, Tata Coffee
addressing social inequality by encouraging
management follows a protocol whereby per-
positive discrimination for Scheduled Castes
mission has to be sought in order to visit the
and Scheduled Tribes communities. The
plantation. Further details of Tata Coffees
company also operates a hotline where
response are incorporated below.
workers can report issues of concern, has
a remediation plan for instances of child
labour and has set up The Coorg Foundation
8.3 TATA COFFEE to improve the economic, environmental and
Tata Coffee Limited is among the top ve social welfare of the economically weaker
coffee exporters in India.307 Between local communities. The Foundation runs a
January and May 2016, it exported, in total, school which currently has 50 students with
nearly 10 million kg of green coffee and special needs.
instant coffee abroad.308 Tata Coffee is part
of Tata Global Beverages, which also pro-
duces tea and bottled water.309 Tata Global 8.4 SEASONAL MIGRANT WORKERS
Beverages, in turn, is part of the global con- ARE CHARGED HIGH FEES
glomerate Tata Group.
There are about 1,200 workers at the Anan-
Tata Coffee is one of the most popular coffee dapura plantation. This gure includes per-
brands in India. Tata is also the exclusive sup- manent and temporary workers who are
plier of arabica coffee to Starbucks India. In employed year-round. In addition, a number
addition, it supplies coffee to many other of workers are hired for the harvest season
only. According to national laws, an employee
should be made permanent after 240 days.313
However, at the Anandapura plantation, it
307 Tata Coffee, Company prole, available at http://
appears that this is not being followed. One
www.tatacoffee.com/corporate/company_prole. worker interviewed for this report had asked
htm (accessed on 15 June 2016 the union to negotiate for them and their
308 Tata Coffee, Company prole; Coffee Board of India,
Export Info, available at http://www.indiacoffee.org/ spouse, as after four years of continuous
ExportInfo.aspx (accessed on 2 June 2016) employment, their status was still considered
309 Tata Global Beverages is the worlds second largest temporary.
tea producer. In 2013, Columbia Law School Human
Rights Institute issued a report The more things
change... The World Bank, Tata and enduring abuses
According to the workers interviewed for
on Indias Tea Plantations detailing labour rights vio- this report, the permanent workers are given
lations at Tatas tea plantations in Assam. The report appointment letters which stipulate the
is available at http://web.law.columbia.edu/sites/
default/les/microsites/human-rights-institute/les/ terms of employment; however, they were
tea_report_executive_summary.pdf. The report found
several violations of Indias Plantation Labour Act
310 Tata Coffee, Annual Report 201415, available at
at Amalgamated Plantations Private Ltd which was
http://www.tatacoffee.com/performance/pdfs/An-
created with the help of the World Bank to opera-
nual_Report_2014-15.pdf
te Tatas plantations in Assam and West Bengal. See
also BBC, 8 September 2015, The bitter story behind 311 Tata Coffee, Company prole
the UKs national drink, available at http://www.bbc. 312 Tata Coffee, Annual Report 201415
com/news/world-asia-india-34173532 (accessed on 313 Interview with a Centre of Indian Trade Unions (CITU)
15 June 2016) local leader, 22 September 2016

58
not in the possession of these documents are recorded on Tatas payroll and are paid
as the letters are kept in the managements the government stipulated wages and bene-
ofce. The interviewed workers said that the ts directly, and not through the contractors.
letters are in Kannada that many members All workers are given appointment letters
of the migrant workforce cannot read.314 despite their status, and when these letters
Moreover, Assamese migrant workers inter- are issued in Kannada, the estate manager
viewed for this report also reported having or a staff representative makes sure that the
difculties communicating in Hindi. Lan- content is fully explained to the workers.
guage barriers isolate migrant workers from
In their response, SAAS/DNV GL stated that
the rest of the workforce and from company
the majority of Tata Coffee workers know the
management.
Kannada language, and that the company
According to the workers testimony, tem- management is committed to helping migrant
porary and seasonal workers are not given workers from other parts of India under-
appointment letters at all. Seasonal workers stand the contents of the appointment
reported that at the time of recruitment, they letters. When interacting with such migrants,
were verbally told that they would be entitled the management use the Hindi language.
to accommodation, medical care and child Workers are informed about the facilities and
care at the farm. However, they were unable services at the plantation, and benets are
to describe their entitled benets in greater equally available to all employees without
detail, the exception being what they were discrimination. Regarding the alleged com-
actually given (see below), and their under- mission that the seasonal workers must pay
standing of health care provisions in particu- to the maistry, SAAS/DNV GL said that this is
lar appeared hazy. not encouraged by Tata Coffee and that the
company has a procedure in place for labour
Seasonal workers interviewed for this report
contractors.
were recruited by a contractor (a labour
broker known as maistry) in their home state. In light of the interviews with the workers
This is typical for most, if not all seasonal for this report it appears, that the manage-
migrant workers. These workers said that ment efforts to communicate the terms of
they must pay the maistry 810 rupees (0.11 employment and benets to at least some
0.13 euros) as commission for every 30 of the workers have been unsuccessful, and
rupees (0.40 euros) that they earn during the as a result the workers do not know their
entire time that they spend working working entitlement and rights. In Finnwatchs view,
at Anandapura plantation, which is usually for Tata Coffee is responsible for the labour
six to seven months. This commission is not contractors it uses. Whether the company
deducted from their wages, but workers pay encourages the maistry to collect a commis-
it to the maistry afterwards. In addition, the sion or not, does not reduce Tata Coffees
seasonal workers had taken a loan of 5,000 responsibility over the situation.
rupees (66.63 euros) per family from the
SAN/RA provided their feedback through
maistry to cover travel to Coorg.
the lens of compliance with the certication
Tata Coffee in their response said that they requirements of the Sustainable Agriculture
hire their workforce directly, except when Standard. According to them, although it is
seasonal services during the harvest season good practice to give each worker a copy of
are needed. Such seasonal workers are hired their appointment letter, not doing so does
through identied labour contractors who not violate their certication criteria. Neither
are given a monetary incentive for the effort SAN/RA nor UTZ commented the high fees
of mobilising workers. The seasonal workers charged by the maistry in any way.

314 Kannada is a regional Indian language and an of-


cial language in Karnataka. It is the native tongue of
most Kannadigas (the ethnic population of Karnata-
ka).

59
8.5 FORCED OVERTIME AND Indias national Plantations Labour Act315
UNDERAGE WORKERS? allows minors aged 15 and above to work on
According to the two seasonal workers tes- plantations, but not during school hours or at
timony, overtime during the harvest season night time between 7 pm and 6 am. Minors
is compulsory. However, they are not paid must be examined by a doctor before taking
overtime rates for this work. In addition, tem- up work, and prove that they are attending
porary and seasonal workers said that they school. The address of their school and the
are sometimes verbally threatened by their name of the headmaster must be provided to
supervisors if they come to work late or are the employer.
unable to nish work on time. In their response, Tata Coffee stated that
According to permanent and temporary they do not employ anyone below the age
workers, overtime typically for two hours of 18, and that the age of employees is veri-
per day during the harvest season is com- ed based on government-issued documents
pletely voluntary. Also unlike the seasonal provided by workers themselves when they
workers, permanent and temporary workers are registered for employment. According
report receiving double the normal rate for to Tata Coffee, the age of the labour force is
overtime work. also regularly checked by auditors. Although
none of the certication schemes explicitly
According to Tata Coffee there is no compul- conrmed this in their responses, SAAS/DNV
sion on the workers to work overtime during GL referenced an interview with Tata Coffees
the harvest season. As an incentive, and top management during which the managers
purely on a voluntary basis, harvest workers had conrmed that they are committed to
are given a picking bonus that is higher than not using child labour and that the minimum
the industry norm in addition to their normal age of employment at the plantation is 18
wage. According to Tata Coffee, sometimes years.
the workers voluntarily start early or stay
back a little longer than stipulated in order to
maximise their earnings. There is no discrimi-
nation between permanent, temporary and 8.6 SEASONAL WORKERS REPORT
seasonal workers on overtime payments. PAY BELOW MINIMUM WAGE
The permanent and temporary workers inter-
In their response, SAAS/DNV GL categorically
viewed for this report reported earnings
referred to established procedures that Tata
around 243 rupees (3.30 euros) per day. Sea-
Coffee has in place, which have been veried
sonal workers said they are paid at a rate of
during audits that cover working hours and
218 rupees (2.94 euros) per day. Seasonal
compensation, including overtime. According
workers also said that they do not receive
to SAN/RA, being forced to work overtime
pay slips, in contrast to permanent and tem-
during the harvest season without receiving
porary workers, who do.
additional remuneration could potentially be
non-conformity with three criteria in the Sus- The remuneration of permanent and tem-
tainable Agriculture Standard. porary workers is in line with the minimum
wage in Karnataka, which is currently set at
The interviewed workers (who were all
247.98 rupees per day. Although they have
adults) stated there was no child labour
a regular income throughout the year, some
at the plantation. According to them, the
still rely on nancial support from relatives.
youngest workers at Anandapura planta-
They cannot afford to put money aside for
tion are 16 years old. These young workers
savings and some reported having taken out
perform the same tasks, keep the same
loans on special occasions for example, to
hours and are paid the same rates as adults.
315 Plantations Labour Act 1951, available at http://
www.ilo.org/dyn/legosh/en/f?p=14100:503:123
57261523202::NO:503:P503_REFERENCE_FILE_
ID:131784:NO (accessed on 12 July 2016)

60
pay for weddings. Most said that they are employment.316 The annual bonus is a share
able to afford only a very basic diet of low of the prots made by the company. The
nutritional value. Some hold Below Poverty payment of an annual bonus to employees
Line (BPL) cards, a governmental benet, whose monthly salary does not exceed
which entitle them to 25 kg of rice, 3 kg of 21,000 rupees (283 euros) and who have
wheat, one packet of salt and one litre of been working for the same employer at least
cooking oil every month free of charge. The 80 days that year, is also a legal require-
seasonal workers, who said they earn sig- ment.317 According to the union representa-
nicantly, and also pay one-third of their tives, only the permanent workers who form
earnings to the contractor, found it particu- the highest patti, have full access to medical
larly difcult to make ends meet. care at the companys hospitals in Ammathi
and Pollibetta.
On average, the workers estimated that a
family of four spends about 800 to 1000 According to Tata Coffee, all workers at Anan-
rupees (10.7713.46 euros) on food per week. dapura plantation are paid the legal minimum
In their view, daily wages between 300400 wage. There is no discrimination among the
rupees (45.39 euros) would allow them to workers on wage and medical care. Legal
cover their living costs comfortably. In their benets, such as Provident Fund, annual
response, UTZ pointed out that Global Living bonus, incentive, paid annual leave and
Wage Coalition is currently working on a holiday pay, and gratuity, are paid to workers
living wage benchmark study for southern as per their eligibility according to the law.
India which will be an important step in
In their response, SAAS/DNV GL said that
improving wages for the workers in this
samples veried during audits show that pay-
region.
ments to workers are aligned with Indian
A weekly deduction of about 180 rupees legislation. However, according to SAAS/DNV
(2.42 euros) is made from the salaries of GL, payments are sometimes interpreted dif-
workers who are entitled to Provident Fund ferently by some of the workers, which might
benets (i.e. those who have been working raise questions, and might have been the
for 140 days). Provident Fund is a retirement reason behind the problems reported by the
benet scheme in which both the employee workers.
and the employer contribute 12 per cent of
the employees basic salary each month.
The employee also earns interest from their
Provident Fund account. According to the 8.7 LACK OF CLARITY OVER
interviewed workers, sometimes they have to MEDICAL ENTITLEMENTS; LACKING
put forward demands before the employers PROTECTIVE EQUIPMENT
contributions towards the Provident Fund are Permanent and temporary workers whose
processed. tasks include spraying pesticides said that
they were given personal protective equip-
According to local leaders the Centre ment such as masks, gloves, boots and hats
of Indian Trade Unions (CITU) and Anan- by the company. However, it was not clear
dapura plantation workers, who were union from the interviews whether these were suf-
members, workers at the Anandapura plan- cient to provide workers with adequate pro-
tation are divided into four bands known as tection while performing their tasks. One of
pattis. These pattis reect the workers legal
entitlement to gratuity and annual bonus,
in addition to Provident Fund benets. Gra- 316 Payment of Gratuity Act 1972, available at http://la-
tuity, which is equal to 15 days salary per bour.bih.nic.in/acts/payment_of_gratuity_act_1972.
year of service, is paid to workers who have pdf
317 Payment of Bonus Act 1965, available at http://la-
been employed in continuous service at the bour.bih.nic.in/acts/payment_of_bonus_act_1965.
farm for 4.5 to 5 years at the end of their pdf, and the Payment of Bonus (Amendment) Act
2015, available at http://www.indiacode.nic.in/acts-
in-pdf/2016/201606.pdf

61
Use of pesticides in coffee production

Pesticides are used in the production of coffee them however, are banned in Brazil or India.323
for example to prevent the spread of diseases In fact, in Brazil, the use of all of them except
such as coffee rust and pests such as the carbendazim and dimethoate has been ap-
coffee berry borer. There are differences in proved for coffee production.324 A previous
which pesticides are used between countries, Danwatch research identied altogether 30
climatic conditions and the type of production pesticide active ingredients that are prohibited
system used. At some small and medium sized in the EU but approved for use on coffee farms
farms, especially in higher altitudes, the farmers and plantations in Brazil, including also the
who apply more traditional methods to growing highly hazardous terbufos.325
coffee might use very little pesticides or none
Arguably the most hazardous pesticide still
at all.318 According to Pesticide Action Network
being used in the production of coffee is
(PAN) UK, since the early 2000s coffee crisis, a
endosulfan which is one of the most harmful
declining overall trend in the use of many highly
pesticides in the world.326 In addition to cof-
hazardous pesticides (HHP) at coffee farms and
fee plantations, endosulfan is also (and more
plantations can be observed due to an upward
widely) used in growing cotton. Before it was
trend in standard compliant coffee produc-
recently banned across most of West Africa,
tion and the inclusion of endosulfan on the
thousands of cotton farmers and their families
Stockholm Convention list of persistent organic
suffered accidental poisoning, sometimes
pollutants (POP) in 2011.319
fatal, in connection to its use.327 When PAN
Comprehensive, worldwide statistics about the UK interviewed coffee farmers in Colombia,
use of pesticides are not available.320 Examples El Salvador and Nicaragua in 2013, one third
of pesticides that have been widely available in of the interviewees knew about at least one
developing countries and which may be used poisoning incident involving pesticides, mainly
at some coffee farms and plantations include endosulfan.328
chlorpyrifos, malathion, dimethoate, glyphosate,
Although endosulfan was added to the Stock-
paraquat, carbendazim, chlorothalonil and
holm Convention list of POPs in 2011, requiring
triadimenol.321 Of these, all but triadimenol are
states to eliminate its use, there is no set date
considered as highly hazardous according to
for when all countries must do so. Endosulfan
PAN322 criteria and paraquat and carbendazim
are not approved for use in the EU. None of
323 PAN International, 2015, Consolidated List of Banned
Pesticides
318 For example, traditional shaded groves are general- 324 Ministy of Agriculture database on pesticides appro-
ly less intensive in fertiliser and pesticide inputs than ved for agricultural use, available at http://agrot.ag-
those in full sun but also lower yielding. PAN UK, ricultura.gov.br/agrot_cons/principal_agrot_cons
Stephanie Williamson, email 27 July 2015. See also 325 Danwatch, 2016, Bitter coffee: Slavery-like conditions
for example, Jaffee D., 2007, Brewing Justice and deadly pesticides on Brazilian coffee plantations
319 PAN UK, Stephanie Williamson, email 27 July 2015 326 PAN AP Factsheet Series, Highly Hazardous Pestici-
320 PAN International has published a consolidated list of des: Endosulfan, available at http://pananz.net/wp-
banned pesticides which includes information from content/uploads/2013/04/1endosulfan-5-Web2.pdf
98 countries for which such data is available. The 327 PAN UK Project: Growing coffee without endosul-
consolidated list includes information on Brazil, India fan, available at http://www.pan-uk.org/projects/
and the EU but not, for example, Honduras. Altoget- growing-coffee-without-endosulfan/ (accessed on 27
her the list includes 316 pesticide active ingredients July 2016)
or groups of actives which have been banned by one 328 Experiences with health and environmental risks of
or more of the 98 countries but which are neverthe- using endosulfan and issues in distribution, handling
less regarded as still currently in use elsewhere. EU and product stewardship, 2014, available at http://
has banned 48 pesticides on the list, India 31 and www.4c-coffeeassociation.org/assets/les/Docu-
Brazil 17. The list is available at http://pan-interna- ments/Reports-Brochures/Experiences_with_Risks_
tional.org/pan-international-consolidated-list-of-ban- and_Stewardship_Issues_01.pdf. The document was
ned-pesticides/ (accessed on 23 August 2016) developed in framework of the project Growing cof-
321 PAN UK, Stephanie Williamson, email 27 July 2015 fee without endosulfan which was funded by the
322 PAN International, 2015, List of Highly Hazardous Sustainable Coffee Program powered by IDH, the
Pesticides, available at http://www.pan-germany.org/ FAO and the ISEAL Alliance and implemented by the
download/PAN_HHP_List_150602_F.pdf PAN UK and 4C Association.

62
is still on the market in several Asian and Common problems at coffee farms and planta-
African countries where it might be used on tions that are related to pesticide use include
coffee farms and plantations, mainly those
lack of appropriate personal protective equip-
supplying the conventional (i.e. non-certied,
ment which is expensive;
non-veried) markets.329 Some coffee producing
countries have banned the use of endosulfan inadequate protective gear which may pro-
at national level, including Brazil, Colombia, vide a false sense of security but does nothing
Nicaragua, Peru and Viet Nam.330 However to prevent the risks and in some cases, might
in Brazil, endosulfan, which was widely used even increase the risks;
before the national ban, is still stocked in the
country and as such it cannot be completely lack of adequate facilities to shower, change
ruled out that it is not still being used by a small and wash clothes separately from other
number of farms while stocks remain.331 Some clothing after pesticides have been applied,
other coffee growing countries have applied and
for exemption for essential use, such as Costa
lack of awareness of the risks and training.
Rica.332 Costa Ricas exemption terminates in
March 2017, and the use of endosulfan has Even when protective equipment is provided,
been almost entirely phased out there now.333 many workers do not want to wear it because
India, which was the largest exporter of endo- it is often extremely uncomfortable to do so in
sulfan in the world in 2011, has also requested the hot and humid climate and conditions, or
more time 10 years to phase out the use they bring their pesticide-tainted work clothes
of endosulfan.334 PAN UK has documented home to be washed alongside other family
several cost-effective non-chemical alternatives laundry.337
for managing the coffee berry borer without
endosulfan.335 The standards of Global Coffee Platform,338
Fairtrade,339 SAN/RA340 and UTZ341 all include
In order to minimise health hazards, exposure a ban of selected pesticides in the produc-
to pesticides should be avoided. Other means tion of standard compliant coffee. In organic
to reduce the risks include careful work habits, production, the use of all synthetic pesticides is
good personal hygiene and use of appropriate banned.
personal protective equipment. The type of
protective gear needed depends for example on
the pesticide and application methods used. In
general, protective equipment should prevent
the workers from inhaling the chemicals and
getting them on their skin.336

337 PAN UK, Stephanie Williamson, email 27 July 2015.


See also case studies included in this report. Finn-
329 PAN UK, Stephanie Williamson, email 27 July 2015
watch does not have information on which pestici-
330 PAN International, 2015, Consolidated List of Banned des are used in the farms and plantions featured in
Pesticides the case studies.
331 PAN UK, Stephanie Williamson, email 27 July 2015 338 Global Coffee Platform, Baseline Common Code,
332 Ibid. available at http://www.globalcoffeeplatform.org/
333 PAN UK, Stephanie Williamson, email 15 August 2016 assets/les/Baseline-Common-Code/GCP-Baseline-
334 NDTV, 30 April 2011, India agrees to endosulfan ban, Common-Code_2.1_en.pdf
available at http://www.ndtv.com/india-news/india- 339 Fairtrade International, Fairtrade prohibited materials
agrees-to-endosulfan-ban-454302, accessed on 27 list, available at http://www.fairtrade.net/leadmin/
July 2016 user_upload/content/2009/standards/documents/
335 PAN UK, 2013, Highly Hazardous Pesticides: Coffee Prohibited_Materials_List_EN.pdf
farmers perspectives on problems and alternatives, 340 Sustainable Agriculture Network, List of prohibited
available at http://www.pan-uk.org/projects/gro- pesticides, available at http://www.san.ag/biblioteca/
wing-coffee-without-endosulfan/#videos (accessed documento.php?id=173 (accessed on 27 July 2016)
on 23 June 2016) 341 UTZ, List of banned pesticides and watchlist, availab-
336 See for example Sosiaali- ja terveysministeri, 1999, le at https://www.utz.org/?attachment_id=3272 (ac-
Torjunta-ainetiden tyhygienia (in Finnish) cessed on 27 July 2015)

63
the workers interviewed complained that employer reimburses the return bus fare to
the strong smell of pesticides gave them the workers.
headaches and caused dizziness. Seasonal
Seasonal workers said they receive no sick
workers said they were only given long-
pay. In interviews, the seasonal workers also
sleeved shirts and had to purchase other pro-
appeared unclear about their entitlement,
tective gear for themselves.
if any, to medical care at company hospi-
Interviewed workers experiences regarding tals. According to them, if they have a health
health and safety training varied greatly. problem, they report it to their maistry. They
Whereas some, including all seasonal can also pick over-the-counter medicine such
workers, said they had never received any as paracetamol from the management ofce
such training, others recalled having been in the plantation against a small fee, and
given training when assigned a new task. consult an Accredited Social Health Activist
Some said basic safety training was given (ASHA; a government provided service).
to permanent and temporary workers once
According to the state-level rules in Karna-
every year. Interviewed workers were not
taka, any plantation with more than 1,000
sure what compensation, if any, is given for
employees must run its own hospital.
accidents at work. However, they said that
Workers should receive sick pay at a rate of
injured workers are taken for treatment to
two-thirds of their salary per day; however,
a company hospital in the nearby village of
for the rst two days of sickness, the workers
Ammathi.
need not be compensated. Also, according
The 2010 amendment to the national Planta- to state-level rules in Karnataka, a welfare
tions Labour Act requires every worker who ofcer should be appointed for every 300 or
is tasked with handling, mixing, blending more workers regularly employed at plan-
and applying pesticides to be given proper tations. If the number of workers ordinarily
training. Protective clothing and equipment employed exceeds 1,200, additional welfare
should be provided by the employer, along ofcers must be appointed. The duties of
with washing and bathing facilities. Further- a welfare ofcer include, among others,
more, workers who come in contact with bringing grievances to the attention of the
pesticides should be regularly examined by employer, helping settle disputes between
a doctor, but none of the interviewees men- the employer and the workers or their repre-
tioned any medical examinations.342 sentative bodies, and suggesting measures
that will help to raise the workers standard
According to the interviewees, the workers at
of living and advance their well-being.343
Anandapura plantation are not provided rain
None of the workers interviewed for this
gear to protect them from occasional rainfall.
report were aware of any welfare ofcers at
Instead, they use plastic sacks to cover their
Anandapura farm.
heads and shoulders. According to them,
coughs, colds and low fever are common According to Tata Coffee, protective equip-
among the workers. For minor illnesses, the ment and training is given to all workers
workers must go to the company hospital in whose role at work requires it, irrespective
the village of Pollibetta (which is further away of whether they are permanent, temporary
than the Ammathi hospital). Permanent and or seasonal workers. The training is provided
temporary workers said that they receive by a team of safety ofcers at all company
half a days pay when they fall ill if they are locations. All workers are also provided
able to provide a letter from a hospital. The rain gear during the monsoon.344 Medicines
are dispensed by the General Nursing and

342 Plantations Labour (Amendment) Act 2010, avai- 343 The Karnataka plantations (Welfare Ofcers) rules,
lable at http://www.ilo.org/dyn/natlex/natlex4. 1978, available at http://iboblr.in/labour/wp-content/
detail?p_lang=en&p_isn=87982&p_country=IND&p_ uploads/2015/10/THE-PLANTATIONS-LABOUR-KAR-
count=511&p_classication=22.01&p_classcount=14 NATAKA-RULES-1956-new-part-2.pdf
(accessed on 11 June 2016) 344 The monsoon begins in June and ends around Sep-
tember.

64
PARVA
T : PARVA MA
T IM
R THI A P
DAP
ADA
D VIDE
A / CIVI
PA IV D NDIA
E IN
DEP A

Kitchen facilities at company provided


PHOTO:

accommodation at Anandapura planta-


PHO

tion.

Midwifery or through the Rural India Health 8.8 PROBLEMS WITH ACCESS TO
Project (company hospital) free of charge. POTABLE WATER AND SANITATION
Medical expenses, including hospitalisation According to the workers interviewed for
or reference to other hospitals for specialised this report, the working day at Anandapura
treatment, are borne by the company. plantation normally starts at around 7.30am
In their response, SAAS/DNV GL stated that and ends at 4.30pm. Workers work six days
the workers are provided with personal pro- a week with two breaks, including an hours
tective equipment following a risk assess- lunch break, on a typical working day. The
ment, and that evidence of this is available. permanent and temporary workers who were
According to their response, safety trainings interviewed for this report said they receive
are also provided to all workers without dis- between 10 to 15 days of paid annual leave;
crimination towards seasonal workers. In the seasonal workers get a weekly rest day
case of an accident, workers are provided and national holidays off. The maternity leave
with the same medical assistance regardless provisions at Anandapura farm are in line
of whether they attend the company hospital with the national laws.
or a private facility. Compensation is provided There is no access to drinking water in the
according to the law. The plantation has three immediate vicinity of the work areas on the
welfare ofcers and from audits, SAAS/DNV plantation so the workers must carry their
GL has reasonable evidence of their visits to own drinking water with them. Toilets are
estates. also located far away as they have not been
According to SAN/RA, lack of trainings on constructed throughout the plantation.
agrochemicals and of medical check-ups and According to the Plantations Labour Act, the
examinations could be non-conformities with employer should make effective arrange-
the Sustainable Agriculture Standard. ments to provide workers with drinking water
and a sufcient number of toilets for both
men and women. State-level rules in Karna-
taka specify that toilets must be provided
for every 50 acres of land under cultiva-
tion. According to Tata Coffee, the company
is investing in and upgrading toilets and
drinking water facilities. The water that is pro-
vided is tested for its potability.

65
8.9 WORKERS GET FREE the days muster sheet (worker deployment
ACCOMMODATION AND CHILD CARE sheet) and visit the areas where work is
All workers at Anandapura and their families, being carried out to cross-check facilities.
including children who are under 18 years SAN/RA in their response said that manage-
of age, can live free of charge at company- ment hand-picking workers for interviews
provided accommodation inside the plan- during audits would be bad auditing practice.
tation. Childcare is also provided. Deduc- SAN/RA requirements for auditors indicate
tions for electricity are, however, made from that the audit teams must pick the inter-
the workers salaries. A house is typically viewees themselves. According to SAN/RA, it
shared between members of a family, and is possible that workers interviewed for this
the number of people sharing depends on report are not aware that interviewees are
the size of a family. There is access to clean selected by the audit team from a list and
drinking water in the workers living quar- then introduced to the auditors by the farms
ters but toilets are shared between families. management. UTZ also said that the auditors
Food is prepared on an open re, and at least select workers for interviews themselves.
some of the workers collect the wood for the
re during the day from between the coffee SAAS/DNV GL said that the SA8000 audit
plants. Although the plantation has one process includes opening and closing
canteen, according to the union representa- meetings where the presence of a worker
tives, it only serves tea and coffee, and not representative is required. In the case of Tata
lunch or other meals.345 The workers inter- Coffee, meetings are also held with estate
viewed for this report prepared their own trade union leaders. The workers interviewed
food at home, including lunch. during audits are selected by the auditors.
The workers are interviewed in a separate
Blankets and bedding are provided to perma- room and in the estate during the course of
nent and temporary workers and their fami- their working day.
lies, but not to the seasonal workers. The
nights can be cold and the accommodation There is some unionisation at Anandapura
does not have heating. plantation. The largest union on the planta-
tion is afliated to CITU, and has about 200
According to the SAAS/DNV GL, the audits members at Anandapura. In addition, there
show that there are canteens where regional are two other unions present, of which one is
food is prepared, to which some of the registered with the All India Trade Union Con-
workers may not be accustomed. For some gress. At least the CITU leaders say they have
workers, the canteens may be located some not been interviewed during an audit in the
distance away, which might hinder their utili- recent past.346
zation of the service.
Of the workers interviewed for this report, all
those who knew about the unions felt that
they were free to join a union without inter-
8.10 WORKERS VOICE ference, and that the unions were genuinely
According to the workers interviewed for representative of workers interests and
this report, when auditors visit the planta- able to negotiate with the management.
tion, workers are asked to go somewhere According to the interviewees, a month or
else and can only see the auditors from a dis- two before the interviews took place, a young
tance. The management only allows selected man who had been wrongfully removed
individuals to speak to the auditors. In their from his job was reinstated by the estate
response, Tata Coffee said that when the management after a large number of workers
auditors visit the farms, the auditors select stopped working and gathered at the estate
the interviewees on a random basis from gate for two hours in protest. According to

345 Interview with a Centre of Indian Trade Unions (CITU) 346 Interview with a Centre of Indian Trade Unions (CITU)
leader, 22 September 2016 local leader, 22 September 2016

66
both Tata Coffee and SAAS/DNV GL response,
there is no record of an industrial dispute at
Anandapura estate.

The Tata Code of Conduct includes the fol-


lowing statement which appears to con-
tradict the spirit of freedom of associa-
tion (emphasis added): We recognise that
employees may be interested in joining asso-
ciations or involving themselves in civic or
public affairs in their personal capacities,
provided such activities do not create an
actual or potential conict with the interests
of our company. Our employees must notify
and seek prior approval for any such activi-
ties as per the Conict of Interest clause of
this Code, and in accordance with applicable
company policies and law.347

According to Tata Coffee, the company has


no objection to the workers association as
long as there is no violation of the Conict
of Interest clause in the Code, or violation
of laws or company policies. According to
Tata, in practice this clause means that the
workers must disclose to the company an
intended association and that in turn, the
company will then determine (within a rea-
sonable period of time) that such association
does not result in conict of interest. This is
above and beyond workers joining a labour
union. According to Tata, the company allows
and encourages freedom of association
and workers are free to join a union of their
choice recognised by the company without
restrictions.

According to SAN/RA, it may be true that the


Tata Code of Conduct is in conict with the
right to freedom of association. However,
in their responses they also noted that the
workers interviewed for this report had not
reported problems in their ability to join a
trade union of their choosing.

347 Tata, Code of Conduct 2015, available at http://www.


tata.com/ebook/tcoc/index.html (accessed on 13
July 2016)

67
9 Conclusions

The long and complex coffee supply chains A clear risk factor in both Brazil and India is
contain multiple risk factors. In regard to the use of labour brokers known as gatos
social responsibility, the principal risks are and maistries, respectively, to recruit internal
in the involvement in labour rights violation migrant workers for the harvest season. The
in primary production of raw material, spe- recruitment fees reported by the Tata Coffee
cically, hired labour at coffee farms and seasonal workers were, at a third of their
plantations. earnings, extremely high and risking their
livelihood. Recruitment fees are also in stark
In Brazil, the three farms investigated for this
contrast to the international labour rights
report were found largely to be in line with
principles.349 Recruitment fees that are extor-
national labour laws and international human
tionate are a contributing factor in situations
rights standards. However, problems in
of debt bondage, a form of forced labour.
regard to occupational health and safety and,
in individual cases, excessive working hours In light of all three case studies, perhaps the
were found on two farms of which one was most striking ndings were the low levels of
UTZ certied. At Fazenda NSG, which has the wages paid to the workers, the low unionisa-
same owner as Meira, the research exposed tion rate among workers and subsequently,
discriminatory recruiting practices. the almost non-existing possibilities that
the workers had to inuence working condi-
The ndings from Brazil are not surprising
tions and terms of employment. Both a living
when taking into account the relatively high
wage and effective realisation of the right to
levels of standard-compliant coffee produc-
freedom of association are key questions for
tion in the country. For decades now the
the improvement of working conditions and
Brazilian government has prioritised pro-
the livelihood of the hired labour at coffee
grammes aimed at improving protection
farms and plantations. None of the workers
for labour rights, protections, eliminating
at any of the investigated farms were paid
child and forced labour and raising the Bra-
a living wage not even in Brazil where the
zilian peoples standard of living. Despite
prevailing wages were clearly above the legal
this, forced labour still exists in coffee culti-
minimum wage.
vation in Brazil. Coffee grown in conditions
analogous to slavery has been re-sold to the In Honduras, the situation has arguably come
international market by some large coopera- to a head and the economic hardship that
tives and export companies. Due to this, the seasonal workers are facing has led to
export supply chains have been tainted. For widespread occurrences of child labour. Child
example, exporters and cooperatives that labour was present at all investigated farms
have been supplying coffee to Gustav Paulig in Honduras, and on two farms the youngest
and Meira have been connected to farms workers interviewed for this report were only
which the Brazilian authorities have found 56 years old.
to be employing people in such conditions
Coffee roasting companies (see Chapter 4.1
(see page 41). Therefore, roasters should not
4.5) included in this report typically obligate
fall into the trap of false security in the case
the rst-tier suppliers to ensure the social
of Brazil but take action to prevent forced
responsibility of their own suppliers. The
labour.348
monitoring of the implementation of these
contractual requirements is however, weak

348 Paulig Group, 14 March 2016, Epeettisesti tuotettu 349 See for example ILO, Private Employment Agencies
kahvi jtt kitkern maun, available at https://www. Convention, 1997, available at http://www.ilo.org/
paulig./kahvijutut/epaeettisesti-tuotettu-kahvi-jat- dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO:
taa-kitkeran-maun (in Finnish, accessed on 31 Au- :P12100_INSTRUMENT_ID:312326 (accessed on 11
gust 2016) October 2016)

68
or tenuous. For example, the coffee roasting ignored the problems related especially to
companies mostly only audit their rst-tier hired labour at coffee farms and plantations.
suppliers. It is high time to take them to task.

Because the coffee roasting companies Both in Brazil and in Honduras, where there
cannot themselves monitor all the primary were certied and non-certied farms among
producers of raw material in their supply those investigated by Finnwatch, the dif-
chains, they have to an encouraging extent ferences in working conditions between the
outsourced responsibility monitoring to certied and non-certied farms were at
various certication and verication schemes. times very little or almost non-existent. To
Already there are clear signs on the Finnish Fairtrades credit, however, it must be noted
coffee market, of standard-compliant coffee that their auditors had found problems at the
becoming mainstream. farms that were members of the CARUCHIL
cooperative and that the cooperative had
Some roasters and grocery traders that
been supported in its efforts to implement
produce and market private label coffees,
corrective actions. Finnwatch would also like
have however set unambitious responsibility
to thank both CARUCHIL and Fairtrade for
targets for themselves regarding the sourcing
their openness, which they demonstrated by
of green coffee. In a comparison between
sharing with Finnwatch the reasons behind
companies, Arvid Nordquist and Kesko,
the cooperatives decertication. In this
whose coffee products are all already certi-
regard, their approach was markedly different
ed, come out on top. Both Gustav Paulig,
to that of Rainforest Alliance for example,
Lfbergs Lila and SOK have also set relatively
which responded to the ndings in only a
ambitious targets for themselves for transi-
cursory manner.
tioning to certied raw material in the near
future. For example, SOK decided during For small roasters and other actors who
the writing of this report, that 90 per cent are proponents of direct trade, establishing
of the private label coffees in their selection a credible social responsibility monitoring
will be certied from the beginning of 2017. system that is applicable to their business
Lidl Finland has only set half-baked for tran- model is a clear challenge. Currently coffees
sitioning to certied raw material whereas sourced through direct trade are being mar-
Meira and Tuko Logistics have no set respon- keted to consumers as the ethical choice
sibility targets. even though there is not even a commonly
accepted denition for the sourcing model.
It is worth noting, that there are differences
In Finnwatchs view, the claimed responsi-
between certication schemes. Several of the
bility in direct trade is currently purely based
roasters featured in this report favour certi-
on notions of trust and largely unveried
cation schemes which performed relatively
assumptions. Despite shortcomings, third-
poorly in Finnwatchs qualitative comparison
party certication schemes remain the only
of various responsibility monitoring schemes,
largely available means to monitor the social
published earlier in 2016. Coffee roasting
responsibility at the level of primary pro-
companies and grocery traders should
duction of raw material in an impartial, sys-
actively seek to further develop the certi-
tematic and veriable manner.
cation schemes. An excellent opportunity is
provided through the implementation of living
wage benchmark studies conducted by the
Global Living Wage Coalition.

The ndings of the case studies in this report


are however, also partly alarming for the
credibility of certication schemes. The coffee
sector social sustainability standards as
well as various industry initiatives, have long

69
Recommendations

FOR THE COFFEE PRODUCERS IN BRAZIL, HONDURAS AND INDIA

The coffee producers must ensure without The coffee producers must ensure, that
a delay that none of their migrant labour all their workers are given adequate per-
force is required to pay recruitment fees sonal protective equipment free of charge
to labour brokers such as gatos and mais- and health and safety training relevant to
tries, and take prompt, remedial action as their tasks. Fazenda NSGs reported zero-
necessary, including reimbursement to the tolerance towards non-use of personal pro-
workers of the fees already charged. tective equipment is an example of good
practice in this regard.
The coffee producers must gradually raise
wages to close the gap between prevailing The coffee producers must take steps to
wages and a living wage (such as a living advance and support the freedom of asso-
wage calculated by the Global Living Wage ciation and the possibilities to negotiate
Coalition). This requires cooperation also terms of employment and working condi-
from the other actors in the coffee value tions of their workforce.
chains.

IN BRAZIL

The coffee sector actors should sign the other actors in their value chains that they
National Pact for the Eradication of Slave are aware of the risk of slave labour and
Labour which would send a clear sign to that they are taking steps to mitigate it.

IN HONDURAS

The coffee producers must take steps raised to a level sufcient for hired labour to
without delay to eliminate child labour in afford a basic but decent standard of living,
coffee cultivation. Given the dire economic i.e. a living wage. This requires cooperation
situation of the coffee farmworkers, this is also from other actors in the coffee value
only going to be possible if wage levels are chain.

IN HONDURAS AND INDIA (TATA COFFEE)

The coffee producers must ensure that all workers should be entitled to sick pay and
workers have access to potable water and have access to medical care in case of acci-
hygienic sanitation where they work. All dents at work.

FOR VOLUNTARY SUSTAINABILITY STANDARDS

Responsibility monitoring schemes, as part in Honduras and secure support from other
of the Global Living Wage Coalition, must actors in the certied coffee chain to imple-
calculate a living wage for the coffee sector ment a living wage.

70
The schemes must ensure that the use of condentiality and anonymity. The interview
labour brokers such as gatos in Brazil and sample should include workers from high
maistries in India to hire seasonal workers risk categories such as migrant workers,
in the coffee sector are addressed in the seasonal workers, and workers from groups
certication criteria and included within the that face discrimination on the basis of for
scope of social audits. The employer and example colour, gender, language, religion,
not the employee, should cover the full cost national or social origin, caste, birth or other
of recruitment. status.

The schemes must ensure that audits Global Coffee Platform should make living
always include interviews with the workers wage a minimum criteria for compliance
that are held in conditions that enable with the Baseline Common Code.

FOR COFFEE ROASTERS AND GROCERY TRADERS THAT PRODUCE PRIVATE LABEL
COFFEES

Companies must make a commitment to Companies should increase their efforts


support their suppliers in their efforts to to shorten the coffee supply chain and to
eliminate child labour and improve the live- make it more transparent.
lihood of their hired labour. The low price
Companies should set ambitious targets for
paid for green coffee in the global market-
increasing the level of standard-compliant
place is one of the key contributing factors
coffee in their green coffee purchases
to the prevalence of child labour, wages
where such targets are not already set. In
that are insufcient to afford even a basic
addition, companies should actively engage
but decent standard of living, and other
in the future development of responsible
labour rights violations in coffee cultivation.
sourcing certication schemes.
The price paid for green coffee must be suf-
cient to cover the production costs for
socially sustainable green coffee.

POLITICAL DECISION MAKERS IN FINLAND

The national implementation of the UN Public procurers should increasingly utilise


Guiding Principles on Business and Human certication schemes. EU directives on
Rights must continue in an ambitious public procurement, which are being imple-
manner. The long term goal should be man- mented in Finland through amendments
datory human rights due diligence. As a to the Public Procurement Act, for the rst
step towards this direction, the authorities time require Finland to ensure that environ-
should ensure that in the national imple- mental, social and labour rights considera-
mentation of the EU Directive on Non-Finan- tions are taken into account when entering
cial Reporting, its full potential to advance into procurement contracts. Compliance
the transparency of the supply chains of with human rights and core labour rights
large companies and the implementation of standards should be made compulsory, not
human rights due diligence as it is dened recommendatory.
in the Guiding Principles is utilised.

71
Finnwatch ry
Malminrinne 1B, 2.krs
00180 Helsinki
info@nnwatch.org
www.nnwatch.org
@Finnwatch1

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