REQUEST FOR COMMENT ON DOL DRAFT LIST FOR TVPRA

C O N F I D E N T I A L STATE 001730 PLEASE PASS TO LABOR REPORTING OFFICERS E.O. 12958: DECL: 01/07/2019 TAGS: EIND ELAB ETRD PHUM SOCI KTIP SUBJECT: REQUEST FOR COMMENT ON DOL DRAFT LIST FOR TVPRA REF: STATE 43120 Classified By: DRL/ILCSR Mittelhauser; Reason: 1.4 D ¶1. (U) This is an action request. Please see summary paragraph (para. 2) and paras. 6 through 10 for specific information requested. ¶2. (SBU) Summary: This is a request for comment on the Department of Labor,s (DOL) draft list of goods from countries that the Bureau of International Labor Affairs (ILAB) has reason to believe are produced by forced labor or child labor in violation of international standards. DOL was mandated to produce this list under the Trafficking Victims Protection Reauthorization Act of 2005, Section 105(b). The contents of DOL,s draft list should not be shared with any contacts outside the U.S. Government. Posts that wish to respond are requested to do so by January 28, 2009. ¶3. (U) Background: The Trafficking Victims Protection Reauthorization Act of 2005 (TVPRA),Section 105(b),directed ILAB to initiate additional activities to monitor and combat forced labor and child labor in foreign countries. Among these was the specific requirement to develop and make available to the public a list of goods from countries that ILAB has reason to believe are produced by forced labor or child labor in violation of international standards. For more information on the TVPRA requirements, see reftel. For answers to common questions about this mandate, including those related to criteria, definitions, and use of the list, see DOL,s Frequently Asked Questions at http://www.dol.gov/ilab/programs/ocft/pdf/TVP RA-FAQ.pdf. ¶4. (U) Pursuant to this mandate, in December 2007 DOL published a set of procedural guidelines in the Federal Register that ILAB has followed in developing its list of goods. The guidelines set forth the criteria by which information is evaluated; establish procedures for public submission of information to be considered by ILAB; and lay out the process ILAB will follow in maintaining and updating the list after its initial publication. The Federal Register Notice is available under the Child Labor Tab on the Labor Diplomacy Forum on-line community on the State Department,s Intranet site, and at: http://edocket.access.gpo.gov/2007/pdf/E7-250 36.pdf. ¶5. (U) In compiling its draft list, ILAB gathered and analyzed research from a variety of sources including comprehensive desk reviews and in-country research carried out by ILAB contractor; data and information from ILAB technical assistance project grantees overseas; a public request for information published in the Federal Register (see the same FRN referenced in para. 4); a Public Hearing held at DOL on May 28, 2008 (transcript available athttp://www.dol.gov/ilab/programs/ocft/pdf/2 0080423g.pdf); reporting cables received from posts in response to reftel; and extensive ILAB staff research. DOL greatly appreciates the efforts of those posts that responded to reftel and will follow up those that did not provide a response. Pending final approval, DOL will make the list publicly available on its website. ¶6. (SBU) Action request: The TVPRA of 2005 did not require DOL to obtain clearance or consensus with any other agency on its list. This action request is an opportunity for posts to provide additional information relevant to the goods that appear on the draft list, and/or information on goods that do not appear but may, in fact, meet the definitions and criteria specified in DOL,s procedural guidelines. If posts have information that clearly demonstrates that child labor or forced labor is not or is no longer used in the production of a good on DOL,s draft list, please forward this information to DOL. Posts providing information that would lead to the addition of a new good not currently on DOL,s draft list should be aware that this information will be analyzed and the good may not be added to DOL,s list until later versions. Please note that while DOL regularly gathers and is always interested in information about government, industry, and third-party efforts to combat forced labor and/or child labor, DOL,s procedural guidelines stipulate that such efforts must be effective in significantly reducing if not eliminating the problem of forced or child labor in the production of a good in order for the efforts to be taken into account in decisions about the list. ¶7. (C) DOL,s draft list of goods and countries is as follows. For each good and country, the list specifies whether there is evidence of child labor, forced labor, or both. Please note that if the list includes forced labor for a particular good, this could indicate forced labor of adults, forced labor of children, or both. The TVPRA did not require that DOL disaggregate information on forced child labor in its list, and DOL did not do so. Afghanistan Bricks Child Labor Afghanistan Carpets Child Labor Afghanistan Flowers (poppies) Child Labor Argentina Blueberries Child Labor Argentina Bricks Child Labor Argentina Cotton Child Labor Argentina Garlic Child Labor Argentina Garments Child Labor and Forced Labor Argentina Grapes Child Labor Argentina Lemons - Child Labor Argentina Olives Child Labor Argentina Strawberries Child Labor Argentina Sugarcane Child Labor Argentina Tobacco Child Labor Argentina Tomatoes Child Labor Argentina Yerba (stimulant plant) Child Labor Azerbaijan Cotton Child Labor Bangladesh Bidis (hand-rolled cigarettes) Child Labor Bangladesh Bricks Child Labor Bangladesh Dried Fish Child Labor Bangladesh - Footwear Child Labor Bangladesh Furniture (steel) Child Labor Bangladesh Glass Child Labor Bangladesh - Leather Child Labor Bangladesh - Matches Child Labor Bangladesh - Salt Child Labor Bangladesh - Shrimp Child Labor Bangladesh - Soap Child Labor Bangladesh - Textiles Child Labor Bangladesh Textiles (jute) Child Labor Belize - Bananas Child Labor Belize Citrus Fruits Child Labor Belize - Sugarcane Child Labor Benin - Cotton Child Labor and Forced Labor Benin Granite (crushed) Child Labor Bolivia Brazil Nuts/Chestnuts Forced Labor Bolivia Cattle Forced Labor Bolivia Corn Forced Labor Bolivia Gold Child Labor Bolivia Peanuts Forced Labor Bolivia Silver Child Labor Bolivia Sugarcane Child Labor and Forced Labor Bolivia - Tin Child Labor Brazil - Bananas Child Labor Brazil Beans (soy) Child Labor and Forced Labor Brazil Bricks Child Labor Brazil Cattle Child Labor and Forced Labor Brazil - Ceramics Child Labor Brazil - Charcoal Child Labor and Forced Labor Brazil - Coffee Child Labor and Forced Labor Brazil Corn Child Labor Brazil - Cotton Child Labor and Forced Labor Brazil - Footwear Child Labor Brazil Manioc/Cassava Child Labor Brazil - Pineapples Child Labor Brazil - Rice Child Labor Brazil - Sisal Child Labor Brazil - Sugarcane Child Labor and Forced Labor Brazil Talcum (mineral) Child Labor Brazil Timber Forced Labor Brazil - Tobacco Child Labor Burkina Faso Cotton Child Labor and Forced Labor Burkina Faso - Gold Child Labor and Forced Labor Burma - Bamboo Child Labor and Forced Labor Burma Beans (green, soy, yellow) Child Labor and Forced Labor Burma - Bricks Child Labor and Forced Labor Burma Jade Child Labor and Forced Labor Burma Physic Nuts/Castor Beans Forced Labor Burma - Rice Child Labor and Forced Labor Burma - Rubber Child Labor and Forced Labor Burma - Rubies Child Labor and Forced Labor Burma Sesame Forced Labor Burma Shrimp Child Labor and Forced Labor Burma - Sugarcane Child Labor and Forced Labor Burma - Sunflowers Child Labor and Forced Labor Burma Tea Forced Labor Burma - Teak Child Labor and Forced Labor Burma Palm Thatch Child Labor and Forced Labor Cambodia - Bricks Child Labor Cambodia - Coal Child Labor Cambodia - Gems Child Labor Cambodia - Rubber Child Labor Cambodia - Salt Child Labor Cambodia - Shrimp Child Labor Cameroon - Cocoa Child Labor China Artificial Flowers Forced Labor China - Bricks Child Labor and Forced Labor China Christmas Decorations Forced Labor China Coal Forced Labor China - Cotton Child Labor and Forced Labor China - Electronics Child Labor and Forced Labor China - Fireworks Child Labor and Forced Labor China Footwear Forced Labor China Garments Forced Labor China Nails Forced Labor China - Textiles Child Labor China - Toys Child Labor and Forced Labor Colombia Bricks (clay) Child Labor Colombia - Coal Child Labor Colombia Coca (stimulant plant) Child Labor and Forced Labor Colombia - Coffee Child Labor Colombia - Emeralds Child Labor Colombia - Gold Child Labor Colombia - Pornography Child Labor Colombia - Sugarcane Child Labor Cote d,Ivoire - Cocoa Child Labor and Forced Labor Cote d,Ivoire Coffee Child Labor and Forced Labor Cote d,Ivoire - Gold Child Labor Democratic Republic of Congo - Cobalt Child Labor Democratic Republic of Congo Coltan (metallic ore) Child Labor Democratic Republic of Congo - Copper Child Labor Democratic Republic of Congo - Diamonds Child Labor Democratic Republic of Congo - Gold Child Labor Dominican Republic - Coffee Child Labor Dominican Republic - Rice Child Labor Dominican Republic - Sugarcane Child Labor and Forced Labor Dominican Republic - Tomatoes Child Labor Ecuador Bananas Child Labor Ecuador - Bricks Child Labor Ecuador - Flowers Child Labor Ecuador - Gold Child Labor Egypt - Cotton Child Labor Egypt Stones (limestone) Child Labor Ghana Cocoa Child Labor Ghana - Gold Child Labor Ghana Tilapia (fish) Child Labor and Forced Labor Guatemala - Broccoli Child Labor Guatemala - Coffee Child Labor Guatemala - Corn Child Labor Guatemala - Fireworks Child Labor Guatemala Gravel (crushed stones) Child Labor Guatemala - Sugarcane Child Labor Guinea - Cashews Child Labor Guinea - Cocoa Child Labor Guinea - Coffee Child Labor Guinea Gold Child Labor Honduras - Coffee Child Labor Honduras - Lobsters Child Labor Honduras - Melons Child Labor India Bidis (hand-rolled cigarettes) Child Labor India - Brassware Child Labor India - Bricks Child Labor and Forced Labor India - Carpets Child Labor and Forced Labor India Cottonseed (hybrid) Child Labor and Forced Labor India Embroidered Textiles (zari) Child Labor and Forced Labor India - Fireworks Child Labor India - Footwear Child Labor India - Garments Child Labor and Forced Labor India - Gems Child Labor India Glass Bangles Child Labor India Jewelry (gold) Child Labor and Forced Labor India Leather Goods/Accessories Child Labor India - Locks Child Labor India - Matches Child Labor India - Rice Child Labor and Forced Labor India Silk Fabric (including saris) Child Labor and Forced Labor India Silk Thread Child Labor and Forced Labor India Soccer Balls Child Labor India - Stones Child Labor and Forced Labor Indonesia Footwear (sandals) Child Labor Indonesia - Gold Child Labor Indonesia - Tobacco Child Labor Iran - Carpets Child Labor Jordan Garments Forced Labor Kazakhstan - Cotton Child Labor and Forced Labor Kazakhstan - Tobacco Child Labor and Forced Labor Kenya - Coffee Child Labor Kenya Miraa (stimulant plant) Child Labor Kenya - Rice Child Labor Kenya - Sisal Child Labor Kenya - Sugarcane Child Labor Kenya - Tea Child Labor Kenya - Tobacco Child Labor Kyrgyz Republic - Cotton Child Labor Kyrgyz Republic - Tobacco Child Labor Lebanon - Tobacco Child Labor Liberia - Diamonds Child Labor Liberia - Rubber Child Labor Malawi - Tea Child Labor Malawi - Tobacco Child Labor and Forced Labor Malaysia Electronics Forced Labor Malaysia Garments Forced Labor Malaysia Oil (palm) Forced Labor Mali Gold Child Labor Mali - Rice Child Labor and Forced Labor Mexico Beans (green beans) Child Labor Mexico Chile Peppers Child Labor Mexico - Coffee Child Labor Mexico - Cucumbers Child Labor Mexico - Eggplants Child Labor Mexico - Melons Child Labor Mexico - Onions Child Labor Mexico - Pornography Child Labor Mexico - Sugarcane Child Labor Mexico - Tobacco Child Labor Mexico - Tomatoes Child Labor Mongolia - Coal Child Labor Mongolia Fluorspar (mineral) Child Labor Mongolia - Gold Child Labor Nepal - Bricks Child Labor and Forced Labor Nepal Carpets Child Labor and Forced Labor Nepal Embroidered Textiles (zari) Child Labor and Forced Labor Nepal - Stones Child Labor and Forced Labor Nicaragua - Bananas Child Labor Nicaragua - Coffee Child Labor Nicaragua - Gold Child Labor Nicaragua Gravel (crushed stones) Child Labor Nicaragua - Shellfish Child Labor Nicaragua Stones (pumice) Child Labor Nicaragua - Tobacco Child Labor Niger - Gold Child Labor Niger Gypsum (mineral) Child Labor Niger Salt Child Labor Niger Trona (mineral) Child Labor Nigeria Cocoa Child Labor and Forced Labor Nigeria - Granite Child Labor and Forced Labor Nigeria Gravel (crushed stones) Child Labor and Forced Labor Nigeria Manioc/Cassava Child Labor Nigeria - Sand Child Labor North Korea Bricks Forced Labor North Korea - Cement Forced Labor North Korea - Coal Forced Labor North Korea - Gold Forced Labor North Korea - Iron Forced Labor North Korea - Textiles Forced Labor Pakistan Bricks Child Labor and Forced Labor Pakistan - Carpets Child Labor and Forced Labor Pakistan - Coal Child Labor and Forced Labor Pakistan Cotton Forced Labor Pakistan Glass Bangles Child Labor Pakistan - Leather Child Labor Pakistan Sugarcane Forced Labor Pakistan Surgical Instruments Child Labor Pakistan Wheat Forced Labor Panama - Coffee Child Labor Panama Pornography Child Labor Panama - Sugarcane Child Labor Paraguay Cattle Forced Labor Paraguay - Corn Child Labor Paraguay - Cotton Child Labor Paraguay Manioc/Cassava Child Labor Paraguay - Pornography Child Labor Peru Brazil Nuts/Chestnuts Forced Labor Peru - Bricks Child Labor Peru Coca (stimulant plant) Child Labor Peru Fireworks Child Labor Peru - Gold Child Labor and Forced Labor Peru Timber Forced Labor Philippines - Bananas Child Labor Philippines Coconuts Child Labor Philippines - Corn Child Labor Philippines Fashion Accessories Child Labor Philippines - Gold Child Labor Philippines - Hogs Child Labor Philippines - Pornography Child Labor Philippines - Pyrotechnics Child Labor Philippines - Rice Child Labor Philippines - Rubber Child Labor Philippines - Sugarcane Child Labor Philippines - Tobacco Child Labor Russia Pornography Child Labor and Forced Labor Senegal - Gold Child Labor Senegal - Handicrafts Child Labor Sierra Leone - Diamonds Child Labor and Forced Labor Sierra Leone - Granite Child Labor Tajikistan - Cotton Child Labor and Forced Labor Tanzania - Cloves Child Labor Tanzania - Coffee Child Labor Tanzania - Gold Child Labor Tanzania Nile Perch (fish) Child Labor Tanzania - Sisal Child Labor Tanzania Tanzanite (gem) Child Labor Tanzania - Tea Child Labor Tanzania - Tobacco Child Labor Thailand - Garments Child Labor and Forced Labor Thailand - Pornography Child Labor Thailand - Shrimp Child Labor and Forced Labor Thailand - Sugarcane Child Labor Turkey Citrus Fruits Child Labor Turkey - Cotton Child Labor Turkey - Cumin Child Labor Turkey - Furniture Child Labor Turkey - Hazelnuts Child Labor Turkey - Peanuts Child Labor Turkey Pulses (legumes) Child Labor Turkey Sugar Beets Child Labor Turkmenistan - Cotton Child Labor and Forced Labor Uganda - Bricks Child Labor Uganda - Cattle Child Labor Uganda - Charcoal Child Labor Uganda - Coffee Child Labor Uganda - Rice Child Labor Uganda - Sugarcane Child Labor Uganda - Tea Child Labor Uganda - Tobacco Child Labor Uganda - Vanilla Child Labor Ukraine - Coal Child Labor Ukraine - Pornography Child Labor Uzbekistan - Cotton Child Labor and Forced Labor ¶8. (C) Please note that the contents of DOL,s draft list of goods are confidential and should not be shared with contacts outside the U.S. Government. ¶9. (C) This cable is being sent to posts covering the 58 countries currently appearing on DOL,s draft list. Embassy Seoul is asked to note that goods made in South Korea do not appear on DOL,s draft list, but goods made in North Korea do appear. Embassy Islamabad is requested to note goods listed for both Pakistan and Iran. ¶10. (SBU) Responses are requested by January 28, 2009. In responding, Posts are requested to review reftel for details on DOL,s original information request to Posts and the relevant definitions. Posts are requested to respond via unclassified cable, as information relevant to goods may be cited in DOL,s final publication of its list, and DOL is unable to cite classified or SBU cables. Please submit all replies ACTION Secstate and Department of Labor, slugged DOL/ILAB for Rachel Rigby, DRL/ILCSR for Mark Mittelhauser and G/TIP for Steve Steiner. Questions regarding this request may be directed to Rachel Rigby at (202) 693-4833, or by e-mail at rigby.rachel@dol.gov, with CC to DRL and G/TIP. ¶11. (U) DOL greatly appreciates posts, continued assistance. RICE