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Marie-Claude Desjardins

Watch and listen to the audio slideshow (in French)

Hometown: Trois-Pistoles, Québec
Universities: Université Laval and Université Montesquieu-Bordeaux IV, France
Award: IDRC Doctoral Research Award
PhD thesis topic: Fair Trade Certification – Ensuring better protection for the environment and workers’ and small producers’ rights in developing countries
Research locations: South Africa, Argentina, and Chile

“During my studies, I realized that laws have limitations. But what about the codes of conduct that co-operatives, small- and medium-sized enterprises, and multinationals are increasingly adopting? Do they in fact protect individuals and the environment?”
– Marie-Claude Desjardins

While pursing her doctoral studies, Marie-Claude Desjardins met with vineyard workers in South Africa, Argentina, and Chile. Passionate about sustainable development, Desjardins found that Fair Trade certification brings labour and environmental laws to life. But she also discovered that the “legalese” – the language and terminology used in the provisions – often makes it difficult for workers to fully understand the regulations and the principle of fairness as it applies to their employment.

In examining the effectiveness of private sector regulatory instruments, Desjardins focused on their impact in developing countries, concentrating on wine production. The wine farms she visited had obtained Fair Trade certification from FLO-CERT GmbH, in accordance with the standards developed by Fairtrade Labelling Organizations International in Germany.

Desjardins’ research sought to determine if small wine producers’ adherence to the Fair Trade certification regime ensures the protection of the environment and workers’ rights, in accordance with national and international laws.

Law in action

Desjardins’ education and experience have left her with a pragmatic view of law. Following her graduation from the École du Barreau du Québec, she took international law courses at university, and in 2004 was an intern at the International Criminal Court (ICC), based in the Netherlands. “At the ICC, I finally saw law in action.”

She returned to Canada and began a Master of Laws, specializing in sustainable development and focusing on the national legal framework for fair trade. Her PhD dissertation at the Faculty of Law of the Université Laval, under a joint supervision arrangement with France’s Université Montesquieu-Bordeaux IV, addresses these issues from an international perspective. Desjardins wanted to know what lies behind the seal stamped on so-called fair trade products from developing countries, particularly wine.

Her research broke new ground: few studies have been conducted on fair trade wine, since the standards enacted by FLO-CERT only date back to 2003. Desjardins relied on the social sciences to develop a methodology as the tools needed to design and carry out field work do not exist in the legal field.

Accessible language

Before Desjardins embarked on her field work, she was sceptical about the effectiveness of Fair Trade certification. “Several studies showed that coffee producers, for example, violated standards. I thought I’d come to the same conclusion.”

To her great surprise, the wine producers studied generally complied with FLO-CERT requirements. They have adopted practices to prevent soil erosion, prohibited the use of agrochemical products, recognized workers’ rights and encouraged their participation in decision-making. “It should be pointed out that inspectors from the certification company often conduct on-site visits,” she said.

For six months, Desjardins carried out a series of semi-structured, often individual interviews with workers, producers, and various stakeholders such as union representatives and government authorities.

During the initial interviews with workers, she realized that, despite the presence of interpreters, they did not understand the legal language of certification provisions. “For example, when I asked them if they had the impression that their rights weren’t respected, they didn’t know what I meant.”

Desjardins then tried to use terms that the workers could more easily understand. This experience informed her reflections on the limitations of the legal language used to explain Fair Trade certification provisions to workers.

A promising effort

Although she is still analyzing her results, Desjardins is eager to share her initial findings: “Certification is an excellent economic incentive. Operators know that in order to conquer larger markets, among other things, they must respect workers’ rights and adopt sound production practices.”

However, she did observe some shortcomings. “For example, in the three countries studied, I found that workers don’t know who to go to if they want to make a complaint.”

She emphasized that “workers are very proud of acquiring knowledge, taking training, participating in decision-making in vineyards, and fulfilling new responsibilities.”

A teaching field

Marie-Claude Desjardins’ field work has had a lasting impact on her and she hopes to one day teach international law at university.

“Jurists tend to stick to legal codes,” she said. “During my field work, I found laws came to life and they can be embodied in the interaction of workers and producers with the environment. But to be successful, legal language must be accessible to everyone.”

Diane Hardy, the author of this profile, is a writer in Gatineau, Québec.

Document(s) 4 of 9