Modern Slavery in Furukawa. Case No. 1072-21-JP/24

In Modern Slavery, the Constitutional Court of Ecuador (Constitutional Court) examined whether Furukawa Plantations S.A. (Furukawa) exploited the vulnerability of hundreds of Afro-Ecuadorian abacaleros 1 by imposing a system of serfdom that violated the international and constitutional prohibitions of slavery. 2 The Constitutional Court also examined whether the ministries of labor, health, social inclusion, and government breached their duty to prevent slavery in Furukawa's camps and to ensure the protection of the abacaleros.In its 2024 judgment, the Constitutional Court found that: (1) Furukawa's practices of making the abacaleros work the land without pay and without any real possibility of changing their status constituted a form of modern slavery known as serfdom; and (2) the Labor, Health, and Government Ministries failed in their obligations to prevent and remedy those conditions.Modern Slavery stands as a landmark judgment in contexts where mutual blame between states and corporations obscures accountability for systemic corporate abuses and state negligence.The judgment is also notable for its well-designed reparation measures for the victims and its recognition of the urgent need to prevent future violations.* * * * Furukawa, a company established in Ecuador in 1963 and primarily owned by Japanese shareholders, is engaged in the harvesting, processing, and export of abac, a banana-like plant. 3 Its fiber, traded globally, serves as a key raw material for textiles, paper, and furniture.Grown mainly in developing countries with tropical climates, abac harvesting and processing are laborintensive and require constant exposure to harsh environmental conditions.Today, Furukawa stands among the leading exporters of abac in the world (paras.H1-H6).1 Abacaleros refers to individuals who participated in Furukawa's production of abac without a formal employment relationship

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