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Orange juice
from Aldi,
Lidl, Kaufland
& Co.
No
regard
for
labour
rights ?
1
<<< 100 % squeezed: Workers in Brazil
Legal notice
Publisher:
Christliche Initiative Romero,
Breul 23, 48143 Münster
Tel: 02 51 / 89 503 | Fax: 02 51 / 82 541
cir@ci-romero.de | www.ci-romero.de
Editor:
Sandra Dusch Silva (CIR/V.i.S.d.P.),
Katharina Wesenick (ver.di), Isabell
Braunger (CIR), Andreas Hamann.
Proof-reader:
Gudrun Giese, Katharina Mittenzwei.
Layout:
Marco Fischer – grafischer.com
Photos:
Marco Fischer, Sandra Dusch Silva (CIR),
Emese Gulyás (TVE), Attila Vizi (Water
Film), fruitnet.com.
Graphics/illustration:
Marco Fischer, Sabine Knauf, Fairtrade.
© 2013
With financial support from BMZ. The contents are the sole
responsibility of the editor.
A
single orange years sales of NFC have increased. It is consid-
contains 70
milligrams of
Vitamin C, which pro-
vides over 100 per cent
of the recommended
daily dose. Oranges are
also rich in fibre. Orange
juice is produced by squeezing sweet or bit-
ter oranges, or mandarins. However, fruit
juice legislation stipulates that a drink can
only be described as fruit juice if it contains
100 per cent juice and pulp from the fruit in
question.1 Orange juice may not contain ad-
ditives such as colourings or preservatives.
The EU stipulates that up to 15 grams of sugar
may be added per litre of fruit juice if sugar
levels in the fruit in question are too low due
to climatic conditions. It is not mandatory to
indicate such corrective addition of sugar on Top: In the juice plants the oranges are sorted,
the packaging. washed and transferred into a pressing machine.
Commercially available orange juice is
Bottom: Checking the orange juice.
produced as directly squeezed juice or, since
1945, from concentrate.NFC stands for Not
From Concentrate. This refers to pasteurized
juice, which is first heated and then cooled
again. This is done to deactivate enzymes and
kill microorganisms in order to extend the
shelf life of the orange juice. In this process
NFC retains its original volume as well as the
juice’s aromatic substances.
In order to produce concentrate, the
slightly volatile aromatic substances must be
extracted from the juice before it is evaporat-
ed to one-seventh of its initial volume. These
aromatic substances are added back into the
juice. FCOJ is used as an abbreviation for
Frozen Concentrate Orange Juice. The fro-
zen concentrate can be stored at -10° C for 36 erably more aromatic and closer to the natu-
months. However, half of the vitamin C is lost ral taste of freshly squeezed orange juice, and
Overview of orange juice
when this method is used. During transport also creates higher profit margins for the juice
FCOJ is five to six times more concentrated industry. A litre of concentrate can be sold for
1 C.f. Fruchtsaft-und Erfrischungsgetränkeverordnung, 24th
around 20 cents, whilst the going price for
May 2004 (BgBl./Federal Gazette I p. 1016) fresh juice is 50 cents.
(70%) Rest of
the world:
0.42 bil. US$
and boosting profit margins by processing the are in the state of São Paulo. Cultivation of or-
fruit to make juice. anges has been intensified in this region since
In 1959 the firm Mineira de Bebidas the 1970s, in the wake of the destruction of all
opened the first factory producing fruit juice the coffee plantations in the area due to frost
concentrate. Citrosuco (part of the Fischer and diseases (in particular Hemileia vastatrix
group) was one of the first companies that or coffee rust). Oranges offered a particu-
specialized in transporting this concentrate. larly viable alternative: on the one hand, the
Nowadays exports of fruit play a minor role. climate and soil were suitable, whilst on the
70 per cent of oranges are squeezed for juice. other hand sufficient cheap labour was also
Only 0.2 per cent of the 2009/10 harvest was available; like coffee, oranges are also a very
exported as whole fruit. Whilst there were labour-intensive crop.3
only 76 juice extraction machines in Brazil
3 C.f. Borges & Costa: A Evolução do Agronegócio Citrícola
in the 1970s, by 2010 this figure had risen Paulista e o Perfil da Intervenção do Estado. Revista Uniara, n.
to 1,178. 90 per cent of Brazil’s juice presses 17/18, 2005/2006, p. 101 -102.
The citrus belt is divided into five regions in the figure, corresponding to the geographical position in the state of São Paulo: (1) north-
west; (2) north, (3) centre, (4) south, and (5) Castelo. The figure does not take the Citovita/Citrosuco merger into account.
Development: Markestrat a partir de CitrusBr. Source: O retrato da citricultura brasileira, FAVA NEVES (Coordenador), 2010, p. 40
national purchasers. For example, they can kg), and processing their harvest in addition
produce country-specific pesticide profiles to that from their own groves. Due to the low
and label the fruit accordingly. prices paid by the juice cartel, which often do
Orange growers constantly have to deal not even cover production costs, the ranks
with new pests and diseases which damage of landless plantation workers are constantly
Overview of orange juice
PROCESSING
The juice cartel pays prices that often do not even In the juice plants the oranges are sorted,
cover production costs. The number of workers washed and fed into juice extraction equip-
without land has swelled as a result. This man is
ment. This presses each of the fruits individu-
waiting in the camp of the Landless Rural Wor-
kers’ movement MST to receive a title to land of
ally, so that peel does not enter the concen-
his own and a better future. trate, which would give it a bitter taste. The
aromatic substances are then removed from
able to produce the minimum amount of or- the squeezed juice so that these are not lost
anges needed to secure their livelihood. Some during processing. These aromatic substances
farmers have extended their production to are then added to the juice once again when it
include sugar cane or have switched crop en- is bottled or packaged. The juice concentrate
tirely as they could not hold their own in the or pasteurized juice is purchased primarily by
competitive orange-growing sector.4 bottling plants. They reconstitute and package
Juice multinationals may also opt to the juice.
purchase oranges directly. In these cases the At the end of the manufacturing process the
industry buys the entire harvest, as well as water is removed from the juice, creating
providing the labour and transport. For each the concentrate. One tone of orange juice is
crate harvested, the orange growers receive an squeezed out of 250 crates: six tones of juice
agreed price, which is set in US dollars and is produce one tonne of concentrate, which cur-
generally paid in advance. If the world market rently costs around 2,500 Euro on the world
price on the New York Stock Exchange falls market.5
during the harvest, the farmers must repay The freight travels to Europe in special
the difference. A further option is to sell fruit ships with ISO tank containers. Juice giants
4 C.f. Companhia Nacional de Abastecimento (Conab): Minis-
such as Cutrale, Citrosuco and Louis Dreyfus
tério da Agricultura, Pecuária e Abastecimento. Acompanha- have set up their own “tank farms” to store
mento da Safra de Laranja 2011/2012. Terceiro Levantamento
– SP; Estimativa da Safra no Triângulo Mineiro – MG, 12/2011,
p. 6. 5 Figures from: 10.6.2013.
1 C.f. Valor econômico: Cade congela o processo de criação do Consecitrus, 22/11/2012. at: http://www.valor.com.br/
empresas/2912914/cade-congela-o-processo-de-criacao-do-consecitrus (accessed on: 14.8.2013).
2 ibid
the concentrate in Europe’s major ports, and supermarkets for sale to consumers in bottles
do business directly with European packag- or Tetrapaks.
ing and bottling companies and chains. The
juice concentrate is shipped from Santos in
Brazil and is imported into Europe through
the ports of Rotterdam (Cutrale), Antwerp
(Citrosuco) and Ghent (Louis Dreyfus and
Citrosuco). Around 70 per cent of the harvest
goes directly to Belgium and the Netherlands.
In the ports the juice is pumped into storage
tanks, and is then transported by HGV to bot-
tling plants across Europe. Depending on the
final product, water and aroma are added to
the concentrate. Concentrates from different
growing regions are mixed to suit differing
consumer tastes.
In some cases bottling companies have
their own brands, but also work on behalf of
retailers to produce retailer own-brand prod-
ucts. Bottlers of juice-based beverages gener-
ally buy orange juice on the basis of a per-sea-
Overview of orange juice
Citrosuco/Citrovita is the largest orange-juice The merger of the two firms in 2011 set
exporting firm worldwide. It produces 40 per alarm bells ringing. Citrosuco and Citrovita
cent of Brazil’s orange juice output. The firm are both market leaders throughout the entire
has five plants in Brazil, orange plantations in production chain. The merger was ultimately
Florida, two port terminals in Brazil, five more approved, with certain caveats, including guar-
abroad and its own fleet of ships. It employs antees of longer term contracts for suppliers.13
more than 6,000 staff; during the harvest this The merged giants supply 80 countries with
figure can be as high as15,000. 25 per cent of the orange juice consumed
Citrosuco came into being in 1963 on worldwide. In addition to the plantations run
the basis of cooperation between a German directly by the firm, which supply around 30
bottling company (Eckes), the Pasco Pack- per cent of its needs, the firm also has 2,500
ing Company (juice manufacturer from independent orange suppliers.14 Due to the
Florida) and a German immigrant, Carl Fis- scale of the merger – turnover of both com-
cher. Whilst en route to Argentina, which panies in Europe exceeds the threshold val-
was enjoying an economic boom at the time, ues above which EU merger provisions apply
in 1928 Fischer put down roots in Santos in – it has also been addressed by the European
Brazil, bought his first plantation, Citricola, Commission. Despite the enormous influence
and set up a fruit trading company. In 1963, over the market the new giant would exert, the
together with entrepreneur Ludwig Eckes, he European Union took the view that sufficient
bought an orange processing plant in the city potential for pressure from the major compet-
of Matão and founded the company Citrosuco itors on the market still exists and would af-
Paulista. Citrosuco is now a subsidiary of the ford adequate protection from excessive price
Fischer Group. The latter provides maritime increases for consumers.15 Brazilian workers
transport services for oil platforms. This ship- are however not protected. Shortly after the
ping link guaranteed Citrosuco’s rapid expan- 13 C.f. Economia: CADE aprova fusão da Citrovita e Citrosuco,
sion. Fischer soon recognized the potential of criando gigante do suco. Aprovação impõe condições que con-
starão de termo de compromisso. Fusão cria a maior empresa
the European market and was one of the first mundial de suco de laranja, 14.12.2011.
companies to begin transporting fruit juice At: http:// g1.globo.com/economia/negocios/noticia/2011/12/
cade-aprova-fusao-da-citrovita-e-citrosuco-criando-gigante-
concentrate rather than fruit juice. do-suco. html (accessed on: 15.08.2013).
Citrovita’s corporate history does not be- 14 C.f. FSB Comunicações. Citrosuco/Citrovita, 05/2010.
At:http://www.mzweb.com.br/votorantim/web/arquivos/
gin until 1989. It is a subsidiary of the indus- Votorantim_Citrovitaannouncement.pdf (accessed on:
trial conglomerate Votorantim, which is active
Overview of orange juice
15.08.2013).
15 C.f. Valor OnLine: União Europeia aprova fusão entre Citro-
in areas such as cement and concrete, mining suco e Citrovita, 04.05.2011.
and metallurgy, paper, financial services and At: http://www.valor.com.br/search/apachesolr_search/
fus%C3%a3o%20citrovita%20citrosuco?page=1&solrsort=cre
chemicals, and conducts its business in the ated%20desc&filters=type%3avalor_international_conteudo
citrus sector through Citrovita. (accessed on: 14.8.2013).
Louis Dreyfus Commodities (LDC) is one of new record harvest, with 68 million crates.16
the world’s leading agricultural companies. In 2012 the firm was found guilty of mak-
LDC is a French firm and does 70 per cent of ing false allegations about the quality of the
its business in Brazil. LDC is among the coun- oranges supplied to it.17 The quality of oranges
try’s ten largest exporters. is determined on the basis of the acidity of the
The firm’s history can be traced back to juice. Purchasers may demand price reduc-
1851, when Léopold Louis-Dreyfus, the son of tions if the acidity threshold is exceeded.
a French farmer, began to trade in seeds. The The case brought against the company
firm established a presence in Brazil in 1942. that as a response to the drop in world mar-
During the eighties and nineties, LDC bought ket prices it had entered deliberately incorrect
out many of its competitors in the country. entries in its accounts about the quality of
In addition to citrus fruit, the company the fruit it received. Before the harvest LDC
also trades in sugar, coffee, soya and oleifer- had already negotiated that it would pay circa
ous plants The firm is one of the global mar- three Euro per crate. However, the world mar-
ket leaders in orange juice, sugar cane and ket price later fell below this level as it was a
agricultural fuel. LDC has its own terminal at very good harvest.LDC therefore called into
the port of Santos in Brazil, three orange juice question the quality of the oranges delivered
plants (FCOJ and NFC) and more than 14 mil- and insisted on a 10-per-cent discount on the
lion fruit trees, mostly oranges. In this area agreed price. More than 300 suppliers were
the firm employs 3,200 workers, with figures affected by this penalty.18
rising to 8,000 during the harvest. LDC is the 16 C.f. Louis Dreyfus Commodities. Relatório Anual 2011, p. 64.
third largest orange processing firm in the 17 C.f. Noticias Agrícolas: Citricultores ganham processo contra
a Coinbra-frutesp, 11.05.2012. At:http://www.noticiasagricolas.
world and accounts for 15 per cent of global com.br/noticias/laranjacitrus/105616citricultores-ganham-pro-
orange juice production. In 2011 LDC had a cesso-contra-a-coinbra-frutesp.html (accessed on: 15.08.2013).
18 C.f. Notícias Agrícolas: Entrevista com Fábio Mes-
quita Ribeiro,11.05.2012. At: http://www.youtube.com/
watch?v=1ctLKn50Wr8 (accessed on: 15.08.2013).
In 2007 LDC set up Calyx Agro; the sub- lyx Agro in the aforementioned countries. 90
sidiary’s role is “to find and purchase further per cent of the land was already under cultiva-
land suitable for farming in Brazil, Argentina, tion, and 45 per cent of this land is now owned
Uruguay and Paraguay and to promote cul- by LDC. By the end of 2014 it is planned that
tivation on these sites”. The aim is to “profit a further 250,000 hectares of newly acquired
Overview of orange juice
from the current increase in land values”.19 land will be farmed in the company’s name
106,000 hectares have been purchased by Ca- – by way of comparison, the surface area of
Germany is around 350,000 hectares.
19 LDC. Relatório Anual 2011, p. 42.
Movement (Movimento dos Trabalhadores supported Cutrale in this matter received fi-
Sem Terra, MST) shows that Cutrale owns 30 nancial support from Cutrale during the sub-
plantation farms – known as fazendas – in the sequent legislative period.
São Paolo region and the Triangulo Mineiro. The conflict over these land in question
The Brazilian Land Reform Institute, the In- has not yet been resolved. A family involved
stituto Nacional de Colonização e Reforma in the occupation: “We are not here to van-
Agrária (INCRA), has classified six of these dalise anything, contrary to accounts in the
as not declared as being utilized for agricul- press. Cutrale believes that it has more right
tural purposes. The MST accuses Cutrale of to these farms than everybody here, but they
having purchased land in the São Paolo region are wrong! I will come back and squat the land
from the Brazilian state using falsified docu- again”. 300 women from MST occupied the
ments. The INCRA has confirmed this and fazenda again in November 2012. The land
has brought a court case against the firm. was squatted again in June 2013.22
The conflict relates to Fazenda Santo In August 2011 the MST filed a lawsuit at
Henrique, Fazenda Capim and Fazenda Tim- the court in São Paulo against Cutrale. They
boré, which were subsequently occupied by accuse the firm of having made massive use of
MST. In response the press, which is largely poisons, pesticides and other agrochemicals
in the hands of the country’s rich elite, has with, if any, few constraints, and consequently
repeatedly sought to tarnish MST’s reputa- polluting ground water that supplies the local
tion. The press has accused the movement of populace with drinking water.
destroying food production on the fazendas.
The MST confirmed that it had felled some
orange trees in order to plant staples such as
maize and beans. An MST leader: “We are not
against oranges. We are against the firm that
abuses public land”.21 The squatters at Fazen-
da Henrique were accused by a parliamentary
commission of having caused damage to the
tune of one thousand Real (circa 380 Euro).
The ruling was repealed in the courts for lack
Overview of orange juice
of evidence. At least 55 MPS who energetically 22 C.f. UOL noticías: MST volta a ocupar a fazenda da Cutrale
no interior de São Paulo, 11.11.2012. at: http:// noticias.uol.com.
21 C.f. MST: As laranjas e os Sem Terra (nr 298), 11.2009. br/politica/ultimas-noticias/2012/11/11/MSTvolta-
At: http://www.mst.org.br/jornal/298/realidadebrasileira a-ocupar-fazenda-da-cutrale-no-interior-de-sao-paulo. htm
(accessed on:15.08.2013). (accessed on: 15.08.2013).
their commission before paying the workers. tations. Workers either eat in buses or out in
the fields. Rooms provided for breaks contain
empty bottles and bags of chemicals.
Chemicals are often sprayed whilst the contact with their skin.
workers are harvesting in the fields, causing No training is provided on how to deal
allergic reactions and other health problems. with poisonous substances, or on health and
Eight women on a Citrosuco plantation were safety issues. Employers do not inform work-
taken to hospital suffering from poisoning. ers of the dangers to which they are exposed in
The women were discharged at their own re- their work and how to take protective action.
quest, and against medical advice, after a Cit- Protective clothing is either not available or
rosuco representative visited the hospital. is inadequate, and although it is provided for
The containers that hold toxic agrochemi- some workers, there are complaints about its
cals for spraying are handled without due poor quality. The shoes have cracks, and as a
care. The consequences of this careless han- result the workers run the risk of bites on their
dling of toxic substances include burning eyes feet from poisonous insects or snakes.
and headaches. One of the trade unionists in- There is no first aid equipment available
terviewed reported that workers on the planta- for workers during the harvest. In general first
tion have to go out into the fields immediately aid supplies only available on the finca, which
after pesticide spraying. Tractor drivers in par- in some cases is too far away from the work-
ticular are exposed to the risks arising from place. Drinking water is not made available to
agrochemicals without any protection. The labourers out in the fields. There is a lack of
tractors are generally open and do not have toilet facilities on the plantations. .
cabins to ensure the drivers do not inhale pes- The labour contractors also recruit work-
ticides. The workers also have to go out into ers from other districts and are responsible for
Working conditions
the orange groves immediately after rain. arranging accommodation for them. There
The poisonous substances penetrate di- are complaints that in some cases this ac-
rectly through their clothing and come into commodation is not fit for use. There is not
even basic furniture (beds, tables, chairs) in pany uniform on the way to work, as it would
the accommodation provided. There are often make it too easy for the press to identify who
no toilet facilities or access to water or inade- was responsible if there were an accident.
quate provision of sanitation and water. 60-80 A worker reported in an interview that
Real (circa 25 Euro) are deducted from work- while workers were being transported from
ers’ wages for this accommodation. That is a the plantation after work, both front wheels
breach of Brazilian labour law. of the bus came loose and rolled away. Luck-
The buses or pick-ups that transport ily the workers escaped unscathed as the road
workers to the plantations are in an extremely was not asphalted. The workers did not get
dilapidated state. These vehicles are often not back from their shift on that Saturday evening
even registered. In general the labour contrac- until around 2 in the morning. The roads are
tors transport the workers to the plantations a further problem as they become muddy and
in their own pick-ups. That means that claims slippery when it rains. As a result, a journey
can only be made against the labour contrac- that normally takes two hours can take three to
tors if there is an accident, but Cutrale, Citro- four hours longer as the buses become stuck
suco and LDC are not liable. in the mud. The workers are then not able to
In 2011 there were renewed calls for LDC meet the required piecework rate. Workers
to provide suitable transport. In particular, who are on a probationary period lose their
the company was requested to ensure that the jobs as a result.
vehicles are registered and have fixed seats,
closable windows and functioning brakes. “We always get stuck here
One employee who wears a uniform to work
reports that he was asked not to wear the com-
when it rains”.
“Working for Cutrale is bad for reaucratic effort for employees. As a general
rule, workers should receive hearing protec-
your health and a risk to life tion, protective goggles and a helmet. Cutrale
and limb” requires its employees to sign a document
stating that they will accept deductions from
It is extremely hot in the factories. There is in- their wages for any damage to protective cloth-
sufficient light. It is extremely noisy. The air ing or tools.
in the factories is poor, oil is combusted and
the workers breathe in the fumes. There is no “Everything is made to look
ventilation.
OK before the labour inspectors
“I have seen colleagues coming come to the factory”
to the factory with a tempera- Some of those interviewed complained that no
ture because they were afraid instructions are provided on procedures if a
fire breaks out. In 2011 and 2012 three Cutrale
of losing their job if they stayed employees died as a result of accidents in the
off work sick.” workplace. Information from their colleagues
and the trade unions indicates that these ac-
There is no general provision of protective cidents could have been avoided, as the short-
Working conditions
clothing in the factories. Often the equipment comings that caused them had long been
provided does not fit. Obtaining appropriate known to management. One employee had to
protective clothing involves considerable bu- work two shifts consecutively and died whilst
doing cleaning work. The other workers died constant psychological, physical and sexual at-
as a result of an explosion in the factory. tacks. In addition, the extreme working hours
There is also room for improvement on hamper family life; female workers with chil-
respect for environmental standards: a worker dren suffer particularly from this state of af-
reports that water from the factory is simply fairs. The general rule both in the factories
pumped out into the environment without and out in the fields is that if you don’t work,
any safeguards. He noted that there is no you don’t get paid. For mothers this means
longer any vegetation in the area where the that they cannot go to the doctor with their
water is discharged. children or attend events at their schools. A
great deal of pressure is exerted to ensure
that women do not miss work. One woman
DISCRIMINATION reported that her boss had asked provocatively
The study showed that women are dis- which was more important to her: her job or
criminated against. Trade union sources in- her child.
dicate that in the juice plants male employ- In LDC and Cutrale factories trade union
ees generally have open-ended contracts of sources report that many pregnant women or
employment, whilst most of the women only women with children have been dismissed. In
have fixed-term contracts. This is a further February 2013 a fine was imposed on Cutrale
reason why women are scarcely involved in for dismissal of pregnant women.
trade union activities in addition to the triple In addition to gender-based discrimina-
social roles women are generally expected to tion, workers also encounter other forms of
fill. humiliation. Workers are frequently cursed
In addition to economic disadvantages and insulted in the plantations and factories.
and discrimination, women are victims of In some cases talking is forbidden in the
FREEDOM OF ASSEMBLY
There is a pronounced anti-union attitude in
both the plantations and factories. Workers
who have contacts to trade unions run the
risk of being dismissed from their jobs. For
example, just being seen with a trade union
member in the street or in a bar can mean
Working conditions
Give employees in supplier companies the right to a steady job that enables them to
secure their livelihood and afford employees scope to exercise that right.
We call on Aldi, Lidl and Kaufland to make it possible for all employees working un-
der their brand names to enjoy comprehensive protection through works councils.
The guarantees provided by statutory co-decision mechanisms are the first step in
ensuring compliance in practice with the rights enshrined in collective bargaining
agreements and all labour protection legislation.
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