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Forced Labour Regulation: A Turning Point for the Cocoa Sector Ahead of Amsterdam Cocoa Week

As the industry gathers in the Dutch capital next week, much of the regulatory spotlight remains fixed on the Corporate Sustainability Due Diligence Directive (CSDDD) and the EU Deforestation Regulation (EUDR), but, as Cocoaradar reveals, the FLR, should not be dismissed

,   and  Anthony Myers
5 min read
Image shows a cocoa-growing family in Cote d'Ivoire
In cocoa-growing communities, cases of forced labour are linked to structural vulnerabilities and family pressures. Image: WCF

In an exclusive interview, Sarah Dekkiche, Director of Policy and Partnerships at International Cocoa Initiative (ICI), tells Cocoaradar of another regulation that may ultimately shape the sector profoundly has advanced almost quietly: the EU Forced Labour Regulation (FLR).

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“The Forced Labour Regulation came a bit out of the blue. It did not receive the same level of political scrutiny as CSDDD or EUDR. And yet, it may prove to be one of the most consequential,” Dekkiche explains. “Everyone’s eyes were on something else. Now it’s here — and we need to be ready for it.”

Obligation of Means vs. Obligation of Results

At the heart of the issue lies a structural regulatory tension.

Under the Corporate Sustainability Due Diligence Directive (CSDDD), companies are subject to an obligation of means. They must establish and implement a robust human rights due diligence (HRDD) process and are assessed on the quality and credibility of that process.

The Forced Labour Regulation, by contrast — EU Forced Labour Regulation — establishes an obligation of results. If a product is found to be linked to forced labour, it can be banned from the EU market.

As Dekkiche clarifies: “In contrast to the CSDDD, which places an obligation of means on companies, the Forced Labour Regulation defines an obligation of results, linked to a potential product ban. That creates a fundamental tension.”

This misalignment is amplified by three critical differences:

“The due diligence requirements under the Forced Labour Regulation are framed more generally, yet tied to a potential product harm. That is, in itself, a contradiction,” Dekkiche notes.

Without alignment, companies may find themselves compliant in process — yet vulnerable in product.

Cocoa’s Specific Realities

Available data indicate that forced labour in cocoa exists but is significantly less prevalent than child labour. Reported risks include:

An important nuance, Dekkiche emphasises, is that forced labour is defined by two core elements (in line with the ILO definition):

In cocoa-growing communities, many cases are linked to structural vulnerabilities — including informal labour arrangements.

“Formalising employer–employee relations is fundamental. Written agreements matter. Awareness-raising matters. Many people may not even recognise when they are in a forced labour situation.”

What Works: Prevention, Mediation, and Collaboration

ICI’s externally verified pilot grievance mechanisms in Ghana offer practical insight into what works.

Dekkiche outlines a four-pillar approach:

  1. Prevention
  1. Mediation
  1. Identification & Remediation

“A lot of forced labour issues can be addressed through prevention and mediation. Our pilot has led to very positive results.”

  1. Collaborative Approaches

Collective action becomes particularly relevant when structural risk factors, rather than isolated actors, drive vulnerability.

The Traceability Challenge

A further complexity lies in the feasibility of enforcement.

Cocoa supply chains frequently rely on mass balance systems, meaning beans are mixed along the chain. Linking a specific forced labour case to a specific end product may be technically unrealistic — even when companies have implemented preventive systems.

This raises difficult enforcement questions under a product-ban model.

The Decisive Role of EU Guidelines

The European Commission is expected to issue guidelines by mid-year, seen as a pivotal moment for NGOs like the ICI, which has long campaigned for ending child labour in the cocoa supply chain.

Dekkiche tells CocoaRadar that the ICI is currently working with partners to develop recommendations to ensure the guidance:

“Guidelines that are practical and clear in defining what it means to do due diligence in relation to forced labour will be key — ideally, sector-specific,” she says.

A Sector Under Pressure

Amsterdam Cocoa Week offers more than networking and panel discussions. It presents a strategic inflection point.

“We are at a turning point. There are areas that cannot be addressed without stronger public–private alignment. The question is how — and who provides the resources to make that alignment effective,” says Dekkiche.

Whether it becomes a compliance shock or a catalyst for smarter alignment between regulatory and sustainability systems will depend on clarity, coordination, and collective leadership in the months ahead.

For a sector already navigating the implementation of CSDDD and EUDR, the message is clear: forced labour is no longer a peripheral issue.

It is the next defining test.

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