Africa: Two cigarette manufacturers taken to court for modern slavery

British American Tobacco (BAT) and Imperial Brands have been accused by Malawian farmers of forced labour, modern slavery and using child labour in tobacco farming, in violation of national and international regulations. The two companies have failed to convince the UK Supreme Court to dismiss the allegations.[1].

This legal case follows a Guardian investigation published in 2018, which proved the presence of Malawian children in the tobacco fields. The newspaper showed the particularly difficult conditions in which tobacco leaves were produced. According to the survey, families from southern Malawi are exploited in the northern part of the country, in the producing regions. The workforce is notably required to build their own houses with makeshift materials, and to work seven days a week, receiving only a small portion of maize each day. Being paid only at the end of the harvest, the workforce is forced to contract debts to survive. The cost of providing equipment for tobacco cultivation, added to the weight of the debts, are then deducted from the pay at the end of the harvest. Since tobacco cultivation is not very profitable, and requires a very high amount of work, families working on tobacco farms are forced to employ the whole family, including children, often in poor sanitary conditions.

Modern slavery and forced labor practices

For the families' lawyers, this situation resonates with the definition of forced labor, illegal compulsory labor, and exploitation, according to Malawi's own regulations. Furthermore, the lawyers point out that these practices violate the British law on modern slavery, as well as the European Convention on Human Rights. Finally, this situation falls under forced labor, according to the definition established by the International Labor Organization. For them, the two tobacco companies accused have thus unjustly enriched themselves. Child labor in tobacco crops is a widely documented fact. In a publication, the organization STOP pointed out that approximately 1.3 million children work in tobacco production, designated as one of the "worst forms of child labor" due to the particularly laborious and dangerous nature of such activity[2].

Judge says tobacco companies' defense 'poorly conceived'

While the case is still ongoing, the UK Supreme Court has refused the companies’ request to dismiss the farming families’ case. BAT and Imperial Brands argued that the Malawian families were unable to provide evidence that tobacco grown by child labour was found in their own cigarettes. The companies claimed they were able to trace their tobacco back to where it was produced. However, when the families’ lawyers repeatedly asked the tobacco companies for proof that they had not purchased tobacco from farms that used child labour, they were not provided with any documentation.

A serious accusation for tobacco manufacturers

If these accusations were proven, they could prove very problematic for the two tobacco manufacturers. These practices would jeopardize the entire discourse held by the tobacco industry, aimed at presenting itself as a social and responsible company. For tobacco companies, this public relations strategy is fundamental. Indeed, it allows them first to improve their image, which has been seriously damaged among consumers. Second, it also aims to promote a partnership relationship with public authorities, and thus increase their influence in the decision-making and regulatory process. Finally, the discourse of responsibility held by cigarette manufacturers has a central economic stake, since a growing number of investors are making their participation in the capital of companies conditional on compliance with criteria in terms of human rights, the environment or sustainable development.

FT

[1] The Guardian, UK tobacco firms fail in bid to have Malawi child labor case struck out, 06/25/2021, (accessed 06/28/2021)

[2] STOP, The Tobacco Industry: A Hindrance to the Elimination of Child Labor, 06/15/2021, (accessed 06/28/2021)