T OBACCO ’ S H IDDEN C HILDREN 116

T OBACCO ’ S H IDDEN C HILDREN 116

JTI’s Agricultural Labor Policy (ALP), which applies to all of its direct-contracted growers, includes “child labor elimination,” and states that children “shall not carry out activities such as crop harvesting or other activities related to physically handling green leaf tobacco, carrying heavy loads, or those involving handling or application of crop protection agents.” 409 The policy allows children ages 16 and above to carry out such tasks, where national law permits it, but requires the “health, safety, and moral of the children to be fully protected, including [by] comprehensive specific training.” 410 Concerning nicotine poisoning, JTI requires growers to make workers aware of the risks of GTS and apply reasonable measures to limit its risk, in line with JTI guidance supplied to growers. The ALP specifies that in case of a conflict between the ALP and local legislation, local legislation will prevail. 411

In a February 2014 letter to Human Rights Watch, JT stated that JTI’s contracts with US tobacco growers specify that the “Producer undertakes not to use, at any time and for any purpose, any kind of child labor and/or forced labor [as defined by the applicable legislation and ILO conventions] for the growing, harvesting, curing, classifying, and baling of […] tobacco.” 412

JTI will monitor the implementation of the ALP through a Know Your Grower (KYG) program, which it has begun rolling out in different countries, with a plan for implementation throughout its supply chain, including the US, by 2018. 413 JTI told Human Rights Watch the company has not implemented the ALP with leaf supply companies and other intermediaries in its supply chain, but will do so after the implementation of KYG. 414

JTI also participates in the US Tobacco Good Agricultural Practices program, and engages in the North Carolina Farm Labor Practices Group (both described below) in the US. JTI stated that it partners with the ILO and other international organizations “to address the fundamental causes of child labor.” 415

409 Japan Tobacco International (JTI), Agricultural Labor Practices, 2013. 410 Ibid. 411 Ibid. Emphasis added. 412 Letter from Nagata. 413 JTI, Agricultural Labor Practices, letter from Nagata, and Human Rights Watch meeting with Yukiko Seto and Masaki Omori, CSR Division, Japan Tobacco, Inc., March 11, 2014.

414 Meeting with Maarten Bevers, Vice President, Corporate Affairs & Communications, Global Leaf Japan Tobacco International, Yukiko Seto, Senior Manager, Corporate Social Responsibility Division, Japan Tobacco, Ward Anderson,

Corporate Affairs & Communications Manager, Global Leaf – U.S. Origin, Japan Tobacco International, February 6, 2014. 415 Letter from Nagata.

117 H UMAN R IGHTS W ATCH | M AY 2014

In response to Human Rights Watch’s recommendations outlined in this report, JTI indicated that it believes “many activities can be safely carried out on a [tobacco] farm by young people between 16 and 18,” and stated that JTI would seek to determine themselves the risks associated with different tobacco farming activities. JTI also committed to “continue the community support” in the areas where they purchase tobacco in the US. 416

Lorillard The Lorillard Tobacco Company, a subsidiary of Lorillard, is the oldest continuously manufacturing tobacco company in the United States and the third-largest tobacco manufacturer in the country. The Greensboro, North Carolina-based company manufactures several well-known brands, including Newport , the top selling menthol and second largest selling cigarette in the US. 417

Based on the information available to Human Rights Watch, Lorillard does not appear to have a separate child labor policy, but has policies concerning compliance with national child labor laws. 418 In a January 2014 letter to Human Rights Watch, Lorillard stated that it relies “on the implementation of policies and procedures and monitoring by our tobacco suppliers to ensure that there are no child labor law violations.” Lorillard contracts with Alliance One and Universal for the purchase of tobacco leaf in the US. 419

Lorillard stated that, in response to the December 2013 letter from Human Rights Watch, it approached Alliance One and Universal and requested those companies to abide by their own stated child labor and social responsibility policies and to “support efforts to improve workplace conditions for farm workers.” 420 Lorillard also stated that because it does not contract directly with tobacco growers, it does “not directly monitor the treatment of laborers on tobacco farms” but that it reviews its “supplier policies on child labor and other compliance on a regular basis and inquire as to any issues identified.” 421

416 Letter from Ryoko Nagata, Senior Vice President, Corporate Social Responsibility, Japan Tobacco Inc, to Human Rights Watch, April 20, 2014.

417 Lorillard, “About Us,” http://www.lorillard.com/about-us/ (accessed February 2, 2014). 418 Letter from Ronald S. Milstein, Executive Vice President, General Counsel, and Secretary, Lorillard, January 21, 2014, to Human Rights Watch.

419 Letter from Milstein. 420 Ibid. 421 Ibid. See also, Lorillard, “Supply Chain Compliance,” http://www.lorillard.com/responsibility/california-supply-chains- compliance/ (accessed February 2, 2014).