APPENDIX B: LETTERS TO CORPORAnONS

115

.-.IIU;\lt\N RIGIITS W A TCII

1630 Connecticut Avenue. N. W. Suile 500Washington. DC 20009Tclcphone: 202-612-4321Facsimile: 202-612-4333E-mail: hrwd

Wcbsile:hllpllwww.hrw.org

,\:\IERICAS DlVISIO:li1,,-.; ~li~u,,1 Yiv",1\.-OE,.,uri" Direct'"I"..,u", ~Iari."'rDq'"fy Direrr",),.,,1 s.,"""",lI"xell,rh Djr""",C"r.,JP~1I,',ell,rherS"t-a"iOJ' B",!! C I L .

dRot-i"Kirk ar In er

~::~..~~'~~;'l)Cillt'X Chief Executive OfficerEliz"to:!hHolk"b""k Ch " . B d I .

I IA ""r;Ilte, Iqulta ran s nternatlona, nc.ADVISORY CO:\.IMITTEE 250 East Fifth StreetS"'pl.", L K",s, ChIli'M..,i"" Pi,,!o Koufn"'" Cincinnati OH 45202OavKJ No.:lullOl' '1';,'eChll;'s Via Fax: 513-579-2580Rola"J Alg'OJ,tP"!,,,D B"I\Mar",,". B,u"",,"oPa,,1 CI.,vi~"y Jul y 13 2001R,.t.,rt" cu"u", 'o..rulhy Culll"""T"," 1 F"",r"'"jOJI.!",.G:&rru Dear Mr, Linder:p""" HO\;,,"Ro"alJ G H"III",,"IIla"""J""j;"r~larkK"rIOJ' Human Rights Watch is preparing a report on child labor and freedom of~I"'g""'! A l:ll'gK""""!hM..,w,,U association in the banana sector in Ecuador. Human Ri g hts Watch is anJo""IY'IM..-coU"Bru""Ro~ independent, nongovernmental organization that since 1978 has conducted~f",I~1 Shift"r ,G"O'j;"Soros investigations of human rights abuses throughout the world.Juli,,"S!u.lkyRo", StyronJ avi", Ti,!.:""""Ih.r""k,Y",bitsky Attached are questions reoardino Chi quita's contractual relationshi ps withJII.o Z"I'Kju"t! b bHL,;\I,\:Ii RIGHTS WATCII specific Ecuadorean banana producers and plantations and Chiquita's generalK"I1I",thRoth I b I... h ' E d b I 'E!ec.,i"Di,ecro, a or po ICles Wit respect to Its cua orean anana supp lers, We wouldMi.:I",kAk."!I.!,,, . h . h ' .D"",I';prnentDirecrQr appreciate your answers to t ese questions, w Ich would be reflected m ourC"fT"U BUj;"" I I " h f bl. h. h d I .C"n"lIlInirarionsDi,ectQr report. n Ig to our pu IS mg sc e u e, we would be grateful to receiveR""J BroJy . h. h'. Ad",caryD;re,r", your response Wit m one mont s time.

lI"rt-"", Gugfi.:I""F'lIIlllce D;r"ct'"

~::t':~~;;ir'DirectQr I also wish to request at your earliest convenience an interview with you or a

~I~~,I,:~I;;~;r~~~~r"'tQ' Chiquita employee who is knowledgeable about labor practices on the

~;,~;;~:~~~;:::~:;,:to, plantations of Chiquita's suppliers in Ecuador.Oi""h PoK""Ip",,'C"""rQI Coun,el~f"I""I,"S,",," Th k h I I k f d h '

fPr"s'a,n Di,ector an you very muc. 00 orwar to eanng rom you,WiIJ", Tuyk,Les"l and PQlicy Di,ectorJo",u", W"schk,UN Repr"'"laliveJo"".tl1;l"F:IIlto" Sincerel yChIli' ,

~Carol Pier

Labor Rights Researcher

Americas Division

Human Rights Watch

..

,j.L)J

BRUSSELS HONG KONG LONDON LOS ANGELES MOSCOW NEW YORK RIO DE JAl'.'EIRO WASlllNGTON

To: Chiquita Brands International, Inc.From: Human Rights WatchDate: July 13,2001Subject: Banana plantations in Ecuador producing for Chiquita

A. Chiquita Contractual Relationships

Human Rights Watch was infonned that although Chiquita has not had long-standing contractual relationships, during the years indicated, with theplantations and producers listed below, Chiquita nonetheless has purchasedbananas for export from them sporadically during these periods. We would begrateful if you would confinn this infonnation.

Canas, owned by Vicente Ordonez in the EI Oro Province in thecanton of Machala, from 1999 through 2001, and the following bananaproducers and plantations in Guayas Province: Balao Chico in thecanton of Balao from 1995 through 2001; Las Fincas, comprised ofSan Fernando, San Alejandro, San Gabriel, and San Jose, in the cantonof Balao from 1995 through 2001; Italia in the canton of Balao from1995 through 2001; Colon in the canton of Balao from 1995 through2001; Recreo in the canton ofNaranjal from 2000 through 2001; SanCarlos in the canton of Balao from 1999 through 2001; Santa Carla inthe canton of Ba1ao from 1997 through 2001; F:lor Maria of SociedadPredio Rustico Agricola Ita1ia in the canton of Ba1ao from 1997through 2001; Guabital in the canton of Balao from 1998 through2001; Alamos-Rey Rancho in the canton of Naranjal from 1995through 2001; Predio Rustico La Rural, C.A., in the canton of Balaofrom 1999 through 2001.

We would also welcome the names and locations of the producers andplantations in Ecuador that are among Chiquita's principal suppliers and withwhich Chiquita has had contractual relationships between 1995 and May2001.

B. Chiquita Labor Practices

We would appreciate information about the policies Chiquita has adoptedregarding respect for labor rights on the plantations from which it purchasesbananas for export-both those with which it has standing contractualrelationships and those from which it purchases bananas on an irregular basis

Specifically, we would welcome your responses to the following questions:

1. Does Chiquita impose any age restrictions on workers employed onthese plantations? Are there age restrictions for the performance of

:~

2.

3

4.

certain types of tasks or for working under certain conditions? Whatsteps does Chiquita take to ensure compliance with those restrictions?Does Chiquita have a policy with respect to the use of temporaryworkers and subcontractors and the duration of their contracts on these

plantations?What steps does Chiquita take to ensure that the right tq' freedom ofassociation, including the right to unionize, is respected on these

plantations?Does Chiquita monitor, on an ongoing basis, labor rights conditions onthe Ecuadorean plantations from which it purchases bananas forexport? Has Chiquita conducted any labor rights monitoring orinspections of the above-listed Ecuadorean banana producers and

plantations?

3

-~

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;;:',:

.!;UM/\~

iuGIITS W A TCII

1630 Connecticut Avenue. N. W, Suite 500

W:lshington. DC 20009Telephone: 202-612-4321

F:lcsimile: 202.612-4333

E-m:li1: hrwd

Website:hup://www.hrw.org

.\:'IERICAS DIVISIONk~ Migucl Viv..x:oE.er.'i.. Dir«lolJ"O'IIIC MarinerDcp.'Y Dir«lor)"cl So~""nRc,.arch Dir.clorC=IPO:IR.,earch.rScbo'ti:m B,cttR"bu, Kirk Mohammad Abu-GhazalehRe.earch Associal'sTz"itclCfUZ Chief Executive OfficerEliza"'th HoUcnlx-=k",socialts Del Monte Fresh Produce Company

ADVISORY CO:'IMI1TEEStcrllClI L. Kass. Chair 800 Douglas RoadM:IriI,a Puuo KaUfm:u1

N h T 12 h FlD.vkJ Nxhmall ort ower, t oorVirtChairs

C I G bl FL 33134R"I...I.I AI~r""t ora a es,

~~;~c~ :;.,u'lSt"U' Via Fax: 305-520-8495P..I CI.,vi~IIYR""'",,Cucll..DurotltyCUu.I1OB1ToonJ F",crAlcjo,l.Iro GarroPctcrll..l:imR.II"'!.! G IIcu.nanBi.'I'" Ja~g"rM",I; Karl"'lM"'~"'ct A. L31lgKCIIIICtlt M,,-,wcUJ""clyll M..-CaU.Bru"c R.bbMi"I...! SIUEtcrG"orse Sora.JulO:IIStu.JleyRose StyronJ.vo:r TII"",nanIlor""io Verbitsky'o~ Zal,"!ue«11u;\IAN RIGHTS WATCIIKC'lIletlt RothExtr.,iv. Dir«lorMk:llCk AIe...l.lerDe"tlopm.nl Dir.clorCarroU Bose"C(lmm.nicalians Dir,cl"rRceJ BroJyAd'orary DirtClorB",bi1r:I Guglio:ilooFinan". Dir,clorLotte ~k:luB,.ss.ls Offi'" DirtCIOrMi,,11:Ie1 M..-CiintockDcpa'Y Pr°.fram DirtCIOIMan. Pisnataro No:'sellIluman R.so.r".s Dir.ClorDiI,ah PoKe'11("lelC.n.ral Co."s.1M."",,iln SmartPr°.fra," Dir""orWilJcrTayleru.fal and P,,/icy Di,.clor)""'"13 WeschlerUN Rtpr'St",afiv.'olla,l= F:mtonChair

July 18, 2001

Dear Mr. Abu-Ghazaleh:

Human Rights Watch is preparing a report on child labor and freedom ofassociation in the banana sector in Ecuador. Human Rights Watch is anindependent,

nongovernmental organization that since 1978 has conductedinvestigations of human rights abuses throughout the world.

Attached

are questions regarding Del Monte's contractual relationships withspecific Ecuadorean banana producers and plantations and Del Monte'sgeneral

labor policies with respect to its Ecuadorean banana suppliers. Wewould appreciate your answers to these questions, which would be reflected inour report. In light of our publishing schedule, we would be grateful toreceive

your response within one month's time.

I also wish to request at your earliest convenience an interview with you or aDelMonte employee who is knowledgeable about labor practices on theplantations of Del Monte's suppliers in Ecuador.

Thank you very much. I look forward to hearing from you.

Sincerely,

~Carol PierLabor Rights ResearcherAmericas DivisionHuman Rights Watch

BRUSSELS IlONG KONG LONDON LOS ANGELES MOSCOW NEW YORK RIO DE JANEIRO W ASlIINGTON

To: Del Monte Fresh Produce CompanyFrom: Human Rights WatchDate: July 18, 2001Subject: Banana plantations in Ecuador producing for Del Monte

A. Del Monte Contractual Relationships

Human Rights Watch was informed that the plantation.s and producers listedbelow are among Del Monte's principal Ecuadorean banana suppliers andwere producing primarily for Del Monte during the years stated or that DelMonte purchased significant quantities of bananas from them on a regularbasis during these periods. We would be grateful if you would confirm thisinformation and state when your contractual relationship with each. producerand plantation began and whether the relationship still existed as of May 2001or, if no standing contractual relationship existed, when you began to purchasesignificant quantities of bananas from these producers and plantations andwhether you continue to do so.

Plantations and producers in Guayas Province: Santa Carla in thecanton of Balao from 1997 through 2001; Fatima in the canton ofNaranjal from 1995 through 2001; Guabital in the canton of Balaofrom 1998 through 2001; and San Miguel in the canton ofNaranjalfrom 2000 through 2001.

Human Rights Watch was also informed that although Del Monte has not hadlong-standing contractual relationships, during the years indicated, with theplantations and producers listed below, Del Monte nonetheless has purchasedbananas for export from them sporadically during these periods. We would begrateful if you would confirm this information as well.

Cafias, owned by Vicente Ordonez, from 1999 through 2001, andCafias, owned by Victor Moreno, in 1997, both in the province of EIOro in the canton of Machala, and the following group of bananaproducers and plantations in the Guayas Province: Recreo in thecanton ofNaranjal from 2000 through 2001; Pachina in the canton ofBalao in 2001; Balao Chico in the canton of Balao from 1995 through2001; Las Fincas, comprised of San Fernando, San Alejandro, SanGabriel, and San Jose, in the canton of Balao from 1995 through 2001;San Jose of Parazul, S.A., in the canton of Balao from 1999 through2001; ltalia in the canton of Balao from 1995 through 2001; Colon inthe canton of Balao from 1995 through 2001; San Carlos in the cantonof Balao from 1999 through 2001; Alamos-Rey Rancho in the cantonof Naranjal from 1995 through 2001; and Flor Maria of SociedadPredio Rustico Agricola ltalia in the canton of Balao from 1997through 2001.

2

We would also welcome the names and locations of the other producers andplantations in Ecuador that are among Del Monte's principal suppliers andwith which Del Monte has had contractual relationships between 1995 andMay 2001.

B.

Del Monte Labor Practices

We would appreciate information about the policies Del Monte has adoptedregarding respect for labor rights on the plantations from which it purchasesbananas for export-both those with which it has standing contractualrelationships and those from which it purchases bananas on an irregular basis

Specifically, we would welcome your responses to the following questions:

1

3

4.

Does Del Monte impose any age restrictions on workers employed onthese plantations? Are there age restrictions for the performance ofcertain types of tasks or for working under certain conditions? Whatsteps does Del Monte take to ensure compliance with thoserestrictions?Does Del Monte have a policy with respect to the use of temporaryworkers and subcontractors and the duration of their contracts on these

plantations?What steps does Del Monte take to ensure that "the right to freedom ofassociation, including the right to unionize, is respected on these

plantations?Does Del Monte monitor, on an ongoing basis, labor rights conditionson the Ecuadorean plantations from which it purchases bananas forexport? Has Del Monte conducted any labor rights monitoring orinspections of the above-listed Ecuadorean banana producers and

plantations?

3

..I(L.~L\N RfGI(TS WATCII

1630 Connecticut Avenue, N.W. Suite 500Washington, DC 20009Tclephone: 202-612-4321Facsimile: 202-612-4333E-mail: hrwdW ebsite:http://www.hrw .org

t\~II':HICt\S DlVISIO:";J.".; ~ligu,,1 Vivo,"",E,,',utiv, Dir,ctttrJ.""",C ~Iori"c,D,/,uly DirertorJ...I S"kJII,"'"/I",ur,.h DirerlorC"",IPicI/I",archerSc"""ioll B,ctt ,R""i,, Kirk DaVId H. Murdock

~~;~;~'~~:"JCial's Chief Executive OfficerEliz"t,.,hH"lIc"t.k:k

D 1 F d CA "",.ial" 0 e 00 ompany, Inc.,\IJVISORY CO~.I~lmEE One Dole DriveSIcpl"" 1.. KilSs. Cha,r~lo'illo:illt"Koufi""" Westlake Villaae CA 91362-7300Dov,.! N""lu"'lI 0 ,Vi.., Chairs Via Fa-\": 818-874-4893R.-liIIlJ Algroll'tPCI", D Bcll~"""ck, Bn"'SlcillPoulCI"vil;lIY .Jul y 13 2001R"~""Cu"lI,,, 'o.,n'thy Cullll""T"'IIJ Fo,c,AI"j"'IJ"'.G""" Dear Mr. Murdock:PCIC' H"k"l1R"""IJ G. 11"111,,,"IIi"""" Jol;l;'"~:~;~:Co,r:IIL:t1l1; Human Rights Watch is preparing a report on child labor and freedom ofK",ulclh/.lo,wcll association in the banana sector in Ecuador. Human Riahts Watch is anJ""cl)1' /.I,'ColI" 0B,:",cR,,"" independent, nongovernmental organization that since 1978 has conducted~II"I"",I Sluftc,G""'g" S""'S investigations of human rights abuses throughout the world.Jul;"11 Stu.!kyR".. StY"'1IJ"vic, TiI,.,m"lI11"~""",Vc'bilsky Attached are questions regarding Dole's contractual relationshi ps withj."" bl"'!uctt11Ul\IA:\" RIGIITS WATCH specific Ecuadorean banana producers and plantations and Dole's generalK"IIIk:th Rolh I b I .., h ' E d b 1,E"..uti"Dir'Clor a or po Icies WIt respect to Its cua orean anana supp Iers. We would

~:~~7,~~~:~~::ctor appreciate your answers to these questions, which would be reflected in ourCom,1I Bog"" I I. h f bl ' h. h d I .C"",municali"nsDir,ctor report. n Ig to our pu IS Ing sc e u e, we would be grateful to receIveRcc.!BroJy . h. h' .Ad,at'ac)' Dir,ctor your response WIt In one mont s tIme.Bo,"",o GuglicllooFinanc, Dir'Clor~;~~"'~~;;ic'Dir'ctor I also wish to request at your earliest convenience an interview with you or a~t",h..1 M..'Cli"",ck D 1 1 h . k 1 d bl b ] b . h ] . D'pltl)" Program Dir,ctor 0 e emp oyee W 0 IS now e gea e a out a or practIces on t e p antations

~"',ioPigllol=N;.lscu fD ] , 1.. E dlIu",an Resourc,s Director 0 0 e s SUpp IerS In cua or.Di"oh P"KcI"l"",r .G,neral Counsel;~~~~~~~~::Ior Thank you very much. I look forward to hearing from you,\l"ilJe,ToylerLegal and Polic.y DirectorJ.'O"IIO WescltlerUN R'pr,sentaliytJ"IIO.'I1:ltl FaI,t"u Sincerel yChair ,

AJ

~~Carol PierLabor Rights ResearcherAmericas DivisionHuman Rights Watch

BRUSSELS IIONG KONG LO~'DON LOS ANGELES MOSCOW NEW YOItK RIO DE Jt\NEIRO W ASIIINGTON

To: Dole Food Company, Inc.From: Human Rights WatchDate: July 13, 2001Subject: Banana plantations in Ecuador producing for Dole

A. Dole Contractual Relationships

Human Rights Watch was informed that the plantations and producers listedbelow are among Dole's approximately 300 principal Ecuadorean bananasuppliers and were producing primarily for Dole during the years stated. Wewould be grateful if you would confirm this information and state when yourcontractual relationship with each producer and plantation began and whetherthe relationship still existed as of May 2001.

Plantations and producers in Guayas Province: Recreo in the canton ofNaranjal from 2000 through 2001; Pachina in the canton of Balao in2001; Pitufina, S.A., in the canton of Balao from 1998 through 2001;Porvenir in the canton of Balao from 1995 through 2001; Luz Belen inthe canton of Balao from 1995 through 2001; Balao Chico in thecanton of Balao from 1995 through 2001; La Maria of Frutos Bellos,C.A., in the canton of Balao from 1995 through 2001; Las Fincas,comprised of San Fernando, San Alejandro, San Gabriel, and San Jose,in the canton of Balao from 1995 through 2001; San Jose of Krapp,S.A., in the canton of Balao in 1999; San Jose of Parazul, S.A., in thecanton of Balao from 1999 through 2001; Italia in the canton of Balaofrom 1995 through 2001; "Chanique" in the canton of Balao from1999 through 2001; San Vicente in the canton of Balao in 1999; PredioRUstico La Rural, C.A., in the canton of Balao from 1999 through2001; and EI Gran Chaparral in the canton of Balao from 1999 through2000.

Human Rights Watch was also infonned that although Dole has not had long-standing contractual relationships, during the years indicated, with theplantations and producers listed below, Dole nonetheless has purchasedbananas for export from them sporadically during thes.e periods. We would begrateful if you would confinn this infonnation as well.

Cafias, owned by Vicente Ordonez in the El Oro Province in thecanton of Machala, from 1999 through 2001, and the following bananaproducers and plantations in Guayas Province: Colon in the canton ofBatao from 1995 through 2001; Paladines in the canton of Balao from1999 through 2001; San Francisco in the canton of Balao from 1995through 2001; San Carlos in the canton of Balao from 1999 through2001; Flor MariaofSociedad Predio Rustico Agricola Italia in thecanton of Balao from 1997 through 2001; and Alamos-Rey Rancho inthe canton ofNaranjal from 1995 through 2001.

2

We would also welcome the names and locations of the other producers andplantations in Ecuador that are among Dole's approximately 300 principalsuppliers and with which Dole has had contractual relationships between 1995and May 2001.

B Dole Labor Practices

We would appreciate information about the policies Dole has adoptedregarding respect for labor rights on the plantations from which it purchasesbananas for export-both those with which it has standing contractualrelationships and those from which it purchases bananas on an irregular basis.

Specifically, we would welcome your responses to the following questions:

2.

3

4.

Does Dole impose any age restrictions on workers employed on theseplantations? Are there age restrictions for the performance of certaintypes of tasks or for working under certain conditions? What stepsdoes Dole take to ensure compliance with those restrictions?Does Dole have a policy with respect to the use of temporary workersand subcontractors and the duration of their contracts on these

plantations?What steps does Dole take to ensure that the right to freedom ofassociation, including the right to unionize, is respected on these

plantations?Does Dole monitor, on an ongoing basis, labor rights conditions on theEcuadorean plantations from which it purchases bananas for export?Has Dole conducted any labor rights monitoring or inspections of theabove-listed Ecuadorean banana producers and plantations?

3

..IIUi\lt\NRIGHTS WATCH

\630 Connecticut Avenue, N. W. Suite 500Washington, DC 20009Telephone: 202-612-432\Facsimile: 202-612-4333E-mail: hrwd

Website:hltp://www.hrw.org

,\7\II-:RIC,\S DlVISIO~I.." ~(;gucl Viv""",,E""uri" Di"c""I""""c ~1"ri'ICrD,'/,u" Di"c/u,1",,1 5.,I"n"nR""""h Di"c/,J,C"n,\PicrR"""rh"~~~~~t~~~:rc" Dr. Segundo Wong MayorgaRe"c"rhAs5IKi,,'" E . P .

dT",itcIC",z xecutIve reSI entEliz,,"'th Holknb;.:" F . F .

CAsM,ri"",s avonta rult ompany~~~~~;i!~':C~~~7\IITrEE Avenida Carlos Julio Arosemena Km. 1 Y2 Mz. 001 solar 41(2),M"ri".~iI"oKo"nt1ilt1 frente al Centro Comercial Alban BorJ.aD.,idNoc\lIt1i11tVir, Ch"i,s. Gua yaquil EcuadorR"\,,,.t Algr;ll't 'Pct"rDB"U .Via Fax: 011-593-4208-660 or 011-593-4208-661~\"r"cl" Broll,t"",P"u\ ChcvignyR""'""Cudl,,,[)"rothyCu\hl1i111 Jul y 13 2001T",nJ F",cr 'Akjo.lJro G:IrroPctcr 1I."imR"".IJ G Hclh",", Dear Dr. Won g :BI.,.,.I.ggcrM.r" Kop(:U1M"'I;""'t A. l:IngKclulCth~I.,w"U Human Rights Watch is preparincr a report on child labor and freedom of1"",,lylt ~k~oUo 1:1B""",R"bb association in the banana sector in Ecuador. Human Rights Watch is an~I;"I~\ Shiner .G.:orl;"Soros independent, nongovernmental organization that since 1978 has conductedlu!i.:n StuJkyRo~ Styron investigations of human rights abuses throughout the world.J.v",rT"I"nt1ilt\lIor",,", Vcrbit,"yJ",. ZOloqu"ttIllJ";\I,\N RIGHTS WATCH Attached are questions regarding Favorita' s contractual relationships withKcl\IICthRoth . fi E d b d d 1 . d F ., 1E"rutw,Di"r/u, specI IC cua orean anana pro ucers an p antatlons an avonta s genera~;~~,:~~~:o~~:ctu, labor policies with respect to its Ecuadorean banana suppliers. We wouldC.rroU Bog"" . h . h. h ld b fl d . CumnlunicutiunsDi",c/u, apprecIate your answers to t ese questIons, w IC wou ere ecte In our

~~:~,~~~j'.:cru, report. In light of our publishing schedule, we would be grateful to receive~;~:~~;:~~;' your response within one month's time.u"",loicht8,u".:/s ODir, Dj",c/u,~~~;\;~~~,~~~~"ctu, I also wish to request at your earliest convenience an interview with you or a~(.ri.PignotoroNid"'n F ' t 1 h . k ld bl b tlb t '

thHumunR,suu,c,sDi"ctu, avon a emp oyee w 0 IS nowe gea e a ou a or prac Ices on eDi"JlIPoK"lttpllCr 1 , f F ., 1...

E dC.:ne",/Co"ns,/ P antatlons 0 avonta s supp Iers In cua Of,~t.\""\m Sn"",Prog",m Di"cto,Wi\J"rToyto:r Th k h I 1 k f d t h .

fL':8lllandPu/icyDi"cto, an you very muc. 00 orwar 0 eanng rom you.J".""o W.:scltlcrUN R'I'"s,ntQtiv.Jon"t\,,"IF:uuonCh"i,

Sincerely,

JJ...AJ

Carol PierLabor Rights ResearcherAmericas DivisionHuman Rights Watch

BRUSSELS HONG KONG LONDON LOS ANGELES MOSCOW NEW YOItK IUO DE JAr.'EIRO W ASIIINGTON

To: Favorita Fruit CompanyFrom: Human Rights WatchDate: July 13,2001Subject: Banana plantations in Ecuador producing for Favorita

A.

Favorita Contractual Relationships

Human Rights Watch was infol1l1ed that La Juanita in the canton of Balao inthe province of Guayas, from 1995 through 2001, was among Favorita'sprincipal Ecuadorean banana suppliers and was producing primarily forFavorita during the years stated or that Favorita purchased significantquantities of bananas from La Juanita on a regular basis during that period.We would be grateful if you would confil1l1 this infol1l1ation and state whenyour contractual relationship with La Juanita began and whether therelationship still existed as of May 2001 or, if no standing contractualrelationship existed, when you began to purchase significant quantities ofbananas from La Juanita and whether you continue to do so.

Human Rights Watch was also informed that although Favorita has not hadlong-standing contractual relationships, during the years indicated, with theplantations and producers listed below, Favorita nonetheless has purchasedbananas for export from them sporadically during these periods. We would begrateful if you would confirm this information as well.

Plantations and producers in Guayas Province: Balao Chico in thecanton of Balao from 1995 through 2001; and Italia in the canton ofBalao from 1995 through 2001.

We would also welcome the names and locations of the other producers andplantations in Ecuador that are among Favorita's principal ~uppliers and withwhich Favorita has had contractual relationships between 1995 and May 2001

B.

Favorita Labor Practices

We would appreciate infonnation about the policies Favorita has adoptedregarding respect for labor rights on the plantations from which it purchasesbananas for export-both those with which it has standing contractualrelationships and those from which it purchases bananas on an irregular basis.

Specifically, we would welcome your responses to the following questions:

1 Does Favorita impose any age restrictions on workers employed onthese plantations? Are there age restrictions for the perfom1ance ofcertain types of tasks or for working under certain conditions? Whatsteps does Favorita take to ensure compliance with those restrictions?

2

2

3.

4.

Does Favorita have a policy with respect to the use of temporaryworkers and subcontractors and the duration of their contracts on theseplantations?What steps does Favorita take to ensure that the right to freedom ofassociation, including the right to unionize, is respected on theseplantations? ;Does Favorita monitor, on an ongoing basis, labor rights conditions onthe Ecuadorean plantations from which it purchases bananas forexport? Has Favorita conducted any labor rights monitoring orinspections of the above-listed Ecuadorean banana producers andplantations?

3

Carol PierLabor Rights ResearcherAmericas DivisionHuman Rights Watch

BRUSSELS HONG KONG LONDON LOS ANGELES MOSCOW NEW YORK RIO DE JANEIRO WASHINGTON

HUMAN RIGHTS WATCH

1630 Connecticut Avenue. N. W. Suite 500

Washington. DC 20009Tcl.:phone: 202-612-4321Facsimile: 202-612-4333E-mail: hrwd

Website:http://www.hrw.org

A:\IERICAS DIVISIONlusi Mig",,1 Viv",x:o Alvaro NoboaE,erUllve Dlr'c/orlUilnlu:M:Iriner Chief Executive OfficerDepuo. Dlr'c/ur

Ju"ISuloloo.n Ex portadora Bananera Noboa S.A.Re"urch Dlrec/or 'C=IP;.,/ EIOro 1010 Y La RiaRe,eurcherS"h~,ti"" Br"'t Gua yaq uil EcuadorRobmKlrk 'Res,archAssocia/,s Via Fax: 593-42-445138TzC:It"ICruzElizobo:th Ho\l.:nb..:k

A.socia/,sADVISORY CO~I:\lIrrEE September 5, 2001Stc:pl.,n L Koss. ChairMan.,. Pinto Ka"fi=,O.vid NilCtunmVire Chairs Dear Mr. Noboa:Rol~'" Algr:m'P"",rO B"U

~~:I"~~~i~~:;tC:Ul Human Rights Watch is preparing a report on child labor and freedom of

~~~~~~~':, association in the banana sector in Ecuador. Human Rights Watch is an

:~;jn;~~iIf~:uro independent, nongovernmental organization that since 1978 has conducted

~~t'::I~~";;"",=' investigations of human rights abuses throughout the world.BiaI,.:. 1.gg"rMilfk K.pl:m

~~:~:;1:'~~,~'8 On July 13,2001, I faxed and mailed the attached questions to Mr. Carlos

~o~:~'~~~aUa Aguirre, head of your foreign office in Staten Island, New York. To date, he

~~;I;~~t:r has not responded to the inquiries. When I contacted his office by telephone

~~:'~~~Y last week, I was instructed that the letter, instead, should be directed to you.lav;.,r Tim:nn:mHor""io V"rbitskylo~ZoI"'j""tt A h d . d. N b ' I I . h.. hIImlAN RIGIITS WATCII ttac e are questIons regar mg 0 oa s contractua re atlons IpS wit

~.~~~:::::~~~'c/or specific Ecuadorean banana producers and plantations and Noboa's generalMi.:I.,Ic:AIc.~""'r labor Policies with res pect to its Ecuadorean banana suppliers. We wouldDe..elopmen/ Dlrec/orCc :IrroU B?gc:"D .appreciate your answers to these questions, which would be reflected in ourommunlcal/ons Irerlor~~.~c~~dbirec/or report. In light of our publishing schedule, we would be grateful to receive

BilIbi1raG~glio:bOO your response as soon as possible.F,nanr, Dlr'c/orLottc: Leicht

Brussels Offic, Dir'c/orMicl".,IM.:CliIuock I also wish to request at your earliest convenience an interview with you or aDeputy Program Dir,rlor

MilIiaPignatilIONio:lsen Noboa employee who is knowledgeable about labor practices on thelIuman Resourc,s Direc/orOuli1hPoKc:'nplu:r plantations of Noboa's suppliers in Ecuador.General Couns,1MaJ.."bn S="Program Dir'c/orWildc:rTaylcr Thank you very much. I look forward to hearing from you.ugal and Policy Direc/or10"'"10 Wc:schlerUN Repr,s,n/ali..,Jo".,I"," F:mtonChaic .

SIncerely,

To: Exportadora Bananera Noboa, S.A.From: Human Rights WatchDate: July 13, 2001Subject: Banana plantations in Ecuador producing for Noboa

A.

Noboa Contractual Relationships

Human Rights Watch was informed that the plantations and producers listedbelow are among Noboa's principal Ecuadorean banana suppliers and wereproducing primarily for Noboa during the years stated and that Noboa directlyowned Alamos- Rey Rancho during the period listed. We would be grateful ifyou would confirm this information and state when your contractualrelationship with each producer and plantation began and whether therelationship still existed as of May 2001 and when Noboa obtained ownershipof Alamos-Rey Rancho and whether Noboa continued to own the plantationas of May 2001.

Plantations and producers in Guayas Province: Paladines in the cantonof Balao from 1999 through 2001; San Carlos in the canton of Balaofrom 1999 through 2001; San Francisco in the canton of Balao from1995 through 2001; Recreo #1 and Recreo #3 in the canton ofNaranjalfrom 1999 through 2001; Flor Maria of Sociedad Predio RusticoAgricola Italia in the canton of Balao from 1997 through 2001; Colonin the canton of Balao from 1995 through 2001; and Alamos- ReyRancho in the canton ofNaranjal from 1995 through 2001.

Human Rights Watch was also infoffiled that although Noboa has not hadlong-standing contractual relationships, during the years indicated, with theplantations and producers listed below, Noboa nonetheless has purchasedbananas for export from them sporadically during these periods. We would begrateful if you would confiffil this infoffilation as well

Canas, owned by Vicente Ordonez in the EI Oro Province in thecanton of Machala, from 1999 through 2001, and the following bananaproducers and plantations in Guayas Province: Pachina in the cantonof Balao in 2001; Santa Carla in the canton of Balao from 1997through 2001; Guabital in the canton of Balao from 1998 through2001; San Miguel in the canton of Naranjal from 2000 through 2001;Luz Belen in the canton of Balao from 1995 through 2001; BalaoChico in the canton of Balao from 1995 through 2001; La Maria ofFrutos Bellos, C.A., in the canton of Balao from 1995 through 2001;and Italia in the canton of Balao from 1995 through 2001.

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We would also welcome the names and locations of the other producers andplantations in Ecuador that are among Noboa's principal suppliers and withwhich Noboa has had contractual relationships between 1995 and May 2001

B.

Noboa Labor Practices

We would appreciate infonnation about the policies Noboa has adoptedregarding respect for labor rights on the plantations from which it purchasesbananas for export-both those with which it has standing contractualrelationships and those from which it purchases bananas on an irregular basis.

Specifically, we would welcome your responses to the following questions:

1. Does Noboa impose any age restrictions on workers employed onthese plantations? Are there age restrictions for the perfonnance ofcertain types of tasks or for working under certain conditions? Whatsteps does Noboa take to ensure compliance with those restrictions?

2. Does Noboa have a policy with respect to the use of temporaryworkers and subcontractors and the duration of their contracts on these

plantations?3. What steps does Noboa take to ensure that the right to freedom of

association, including the right to unionize, is respected on these

plantations?4. Does Noboa monitor, on an ongoing basis, labor rights conditions on

the Ecuadorean plantations from which it purchases bananas forexport? Has Noboa conducted any labor rights monitoring orinspections of the above-listed Ecuadorean banana producers andplantations?

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