Child Labor in the Cocoa Industry of Western Africa: A Legal Examination of National, Regional, and International Efforts in Ghana and Côte d’Ivoire

Francesca Bagala February, 2025

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In September 2000, an investigative television program revealed disturbing footage of Malian workers on Côte d’Ivoire’s cocoa farms, marking the first time consumers faced the industry’s exploitation, igniting calls for government and corporate action.[1] Together, Ghana and Côte d’ Ivoire, both countries supply about 60-70% of the world’s cocoa, mostly cultivated through child labor.[2] Although legal frameworks exist at the national, regional, and international levels to tackle this issue, little change has occurred since the ‘discovery’ of child labor in the cocoa industry.

Cocoa farming in West Africa began in the 19th century to meet European demand, relying on cheap labor. Today, farmers earn less than $1 a day, creating a reliance on child labor. [3] An estimated 2.1 million children in Ghana and Côte d’Ivoire work in cocoa under conditions the ILO deems among the “worst forms of child labor.” While children everywhere are affected, those in rural areas are more vulnerable. In Ghana for instance, 27% of children work in agriculture, with rural rates at 39.7% compared to 19.8% in urban areas. [4]

Conditions on cocoa farms in West Africa have been deplorable, with child labor being a widespread issue in the region. An 11-year study by Tulane University, funded by the U.S. Department of Labor, revealed that in 2018, about 1.6 million children aged from 10-17 worked in the cocoa production industry in Ghana and Côte d’Ivoire. Of those 1.6 million, 90% were exposed to child labor, and 85% engaged in hazardous tasks.[5] Children are being forced to endure conditions including, but not limited to, acts of physical abuse and violence, physical and mental health concerns, exposure to dangerous chemicals, human trafficking, and lack of educational access. In Ghana, children working in cocoa production face health risks like poisoning, cognitive injuries, and psychosocial stress, which affects their academic performance and perpetuates cycles of poverty.

Causes Leading to Child Labor and Their Effects

A leading cause of child labor in West Africa is poverty. In Ghana, over 23% of the population lives at or below the poverty line; Côte d’Ivoire surpasses 46%.[6] Children are often obligated to work on family farms to make ends meet or are trafficked into the industry and work under deplorable conditions. Two other factors that contribute to economic hardships and the rise of child labor are the unsustainable low commodity prices and the market concentration of distributors. A low international market price for cocoa paired with seasonal price fluctuations dictated by supply and demand creates financial strain on an already struggling population of farm workers.[7]

Additionally, deforestation is a critical driver of child labor and trafficking in Western Africa. The cyclical nature of cocoa cultivation leads to massive deforestation as farmers seek new, fresh lands to sustain yields. The depletion of forested lands results in the cultivation to be labor-intensive and costly with low yields. In the case of Côte d’Ivoire, where migrant workers are heavily depended upon, deforestation causes a double crisis where the labor increases but there is a lack of workers available to cultivate.[8] Farmers then turn to cheaper, exploitative forms of labor to address the issue of child labor and child trafficking.

African Court on Human and Peoples’ Rights

The African Court on Human and Peoples’ Rights plays a significant role in safeguarding and protecting human rights in Africa as the judicial arm of the African Union. While Ghana has ratified the protocol, Côte d’Ivoire has not.[9] This allows the Court to hear cases against governments, provide binding remedies, and advance human rights when national systems fall short of the task.

The African Court helps strengthen the enforcement of rights listed in key frameworks like the African Charter on Human and Peoples’ Rights and the African Charter on the Rights and Welfare of the Child (ACRWC). The ACRWC outlines key child labor rights, including states’ duty to protect children , prioritize their best interests, ensure education and health, prevent economic exploitation , and safeguard against abuse, trafficking, and family separation.[10] Altogether, these articles create a legal framework the African Court can use in the protection for children’s rights against child labor in Africa. The African Court’s rulings are binding and help strengthen the rule of law as shown in cases like Mauritania’s adherence to the Court’s decision to have the state investigate and pay reparations to child victims of slavery.[11]

The ACRWC, requires member states to submit reports on their implementation efforts. It also authorizes investigations on violations, including on-site visits. However, while the Court’s decisions are binding, it lacks enforcement power – having neither a military force nor jurisdiction over corporations – significantly limiting its ability to eradicate child labor.[12] Even though the African Court issues binding decisions and has proven to be significant in the enforcement of human rights, the African Court faces several limitations that may inhibit an advancement in the elimination of child labor amongst its member states.

Proposals

Weak enforcement of labor protections, complicit multinational corporations, non-functional regional and international bodies, jurisdictional barriers, and opaque supply chains shield this system from accountability, reflecting the colonial legacies that prioritize profit over human dignity. Breaking this exploitative structure demands a transformative global response: binding legal reforms that enforce corporate accountability, empower farmers with fair trade opportunities, strengthen local enforcement capacities, and elevate the rights and welfare of vulnerable communities above the insatiable demands of the global market.

States must fulfill their duty to protect human rights by enforcing stricter labor regulations, holding businesses accountable for exploitative practices, and ensuring companies respect human rights within their jurisdiction. Favorable trading terms, long-term contracts, and pre-financing arrangements could help farmers mitigate seasonal price fluctuations, reducing reliance on child labor. Investment in rural infrastructure, coupled with educational programs on labor laws and workers’ rights, could empower communities to transition toward sustainable practices.[13] Governments must also incentivize corporate compliance through subsidies or tax benefits for businesses that demonstrate ethical labor practices. Innovations like blockchain technology could enhance supply chain transparency, ensuring traceability of cocoa from farms to retail shelves. Consumer awareness campaigns can further drive corporate accountability by encouraging demand for ethically sourced products.

Both Ghana and Côte d’Ivoire face significant challenges in enforcing labor laws, as underfunded enforcement agencies and logistical barriers often prevent labor inspectors from accessing remote cocoa-growing regions, leaving violations unchecked.[14] Improving enforcement requires significant investment in labor inspection and judicial systems. In Ghana, additional funding must be allocated to expand the reach of labor inspectors and equip them with the tools needed to conduct thorough investigations. Similarly, Côte d’Ivoire’s Ministry of Employment and Social Protection must be better resourced to ensure its labor inspectors can identify and address abuses in rural areas. Corruption within enforcement agencies also undermines efforts in both countries, and anti-corruption measures are essential to restoring public trust and improving the efficiency of prosecutions.[15] Judicial systems need reform to streamline labor-related prosecutions, ensuring timely accountability for offenders. Training programs for judges, social workers, and law enforcement officials can build capacity and ensure that legal actors understand the complexities of child labor and trafficking cases.[16] Economic empowerment of cocoa farmers is also crucial to reducing reliance on exploitative labor practices. In Côte d’Ivoire, where cocoa farmers receive just 6% of the retail price of chocolate products, fair trade policies and price guarantees could provide a safety net, enabling investment in sustainable agriculture and reducing dependence on child labor.[17] Training programs in crop diversification and sustainable farming methods could further help farmers build resilience against market fluctuations.

  1. Anti-Slavery Int’l, The Cocoa Industry in West Africa: A History of Exploitation 1, 7 (2004), https://www.antislavery.org/wp-content/uploads/2017/01/1_cocoa_report_2004.pdf.; Michael Odijie, Cocoa and Child Slavery in West Africa, Oxford Rsch. Encycl. African Hist. (2020), https://oxfordre.com/africanhistory/display/10.1093/acrefore/9780190277734.001.0001/acrefore-9780190277734-e-816?print=pdf.↑

  2. Food Empowerment Project, Slavery in the Chocolate Industry, Food Is Power, https://foodispower.org/human-labor-slavery/slavery-chocolate/.↑

  3. Fair World Project, Chocolate Industry Accused of Watering Down NORC Report on Child Labor Data, Fair World Project (Nov. 23, 2020), https://fairworldproject.org/news/press-releases/chocolate-industry-watering-down-norc-report-child-labor-data/.↑

  4. Mull & Kirkhorn, Child Labor in Ghana Cocoa Production: Focus upon Agricultural Tasks, Ergonomic Exposures, and Associated Injuries and Illnesses, National Library of Medicine, 2005, https://pmc.ncbi.nlm.nih.gov/articles/PMC1497785/.↑

  5. Tulane Univ., Survey Research on Child Labor in the Cocoa Sector: 2013/14—The Final Report 1, 5 (2015), https://www.dol.gov/sites/dolgov/files/ILAB/research_file_attachment/Tulane%20University%20-%20Survey%20Research%20Cocoa%20Sector%20-%2030%20July%202015.pdf.↑

  6. Ann W. Deam, Children, Chocolate, and Profits: A Policy-Oriented Analysis of Child Labor and the Chocolate Industry Giants, 15 (2020), https://scholarship.stu.edu/cgi/viewcontent.cgi?article=1011&context=ihrlr.↑

  7. E. de Burh & E. Gordon, Bitter Sweets: Prevalence of Forced Labour and Child Labour in the Cocoa Sectors of Cote d’Ivoire and Ghana, Tulane U. & Walk Free Foundation 11 (2018) https://cocoainitiative.org/wp-content/uploads/2018/10/Cocoa-Report _181004_V15-FNLdigital.pdf [hereinafter Tulane Report 2018]./Tulane Report 2018.↑

  8. Id.↑

  9. Declaration under Article 34(6) of the Protocol to the African Charter on Human and People’s Rights on the Establishment of the African Court of People’s and Human’s Rights, https://www.african-court.org/wpafc/wp-content/uploads/2020/10/Ghana_declaration.pdf.↑

  10. African Charter on the Rights of the Child, https://au.int/sites/default/files/treaties/36804-treaty-african_charter_on_rights_welfare_of_the_child.pdf. (Articles 1, 4, 11, 14, 15, 16, 18, 29).↑

  11. Remedies for child rights violations in African human rights systems, De Jure Law Journal (2023), https://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S2225-71602023000100037#top_fn65.↑

  12. Article 43 of the ACRWC.↑

  13. Coulibaly & Erbao, An Empirical Analysis of the Determinants of Cocoa Production in Côte d’Ivoire (2019), available at https://journalofeconomicstructures.springeropen.com/articles/10.1186/s40008-019-0135-5.↑

  14. Manda Sertich & Marijn Heemskerk, Ghana’s Human Trafficking Act: Successes and Shortcomings in Six Years of Implementation, 19 Hum. Rts. Br. 2, 6–7 (2011).↑

  15. Ann W. Deam, Children, Chocolate, and Profits: A Policy-Oriented Analysis of Child Labor and the Chocolate Industry Giants, 24 St. Thomas L. Rev. 258 (2020).↑

  16. Erika George, Incorporating Rights: Child Labor in African Agriculture and the Challenge of Changing Practices, 21 U.C. Davis J. Int’l L. & Pol’y, 59 (2020).↑

  17. International Cocoa Initiative, 2020 Report on Child Labor in Cocoa Production, available at https://www.cocoainitiative.org.↑