LONDON — A U.S. court has absolved five of America’s biggest tech companies in a case over their alleged support of child labor in cobalt mining in the Democratic Republic of Congo (DRC) on Tuesday
The five tech giants — Apple, Alphabet Inc., the parent company of Google, Dell, Microsoft, and Tesla — were accused of “knowingly benefiting from and aiding and abetting the cruel and brutal use of young children in the Democratic Republic of Congo (DRC) to mine cobalt” in case documents seen by ABC News.
However, in a 3-0 decision on Tuesday, the U.S. Court of Appeals for the District of Colombia held that the tech companies could not be held liable, with the court decision stating they did not have anything more than an “ordinary buyer-seller transaction” with suppliers in the DRC.
“Many actors in addition to the cobalt suppliers perpetuate labor trafficking, including labor brokers, other consumers of cobalt, and even the DRC government,” the decision read. “Issuing an injunction to the Tech Companies to ‘stop the cobalt venture from using forced child labor’ would not bind the direct perpetrators of the unlawful labor, who are not before this court.”
The case was brought by 16 plaintiffs in Dec. 2022, including four former miners and legal representatives of child miners who lost their lives and suffered major injuries in cobalt mining operations in the DRC.
The defendants were accused of “knowingly benefitting from and aiding and abetting the cruel and brutal use of young children in the DRC to mine cobalt,” and the case claims that the defendants “know and have known for a significant period of time” about the human rights violations in the DRC’s cobalt mining supply chain.
In this stock photo an aerial view of Artisanal Gold Miner, near Mongbwalu, Democratic Republic of the Congo is seen.
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The case was brought by 16 plaintiffs in December 2022: including four former miners and legal representatives of child miners including some who lost their lives and suffered major injuries in cobalt mining operations in the DRC.
The defendants were accused of “knowingly benefitting from and aiding and abetting the cruel and brutal use of young children in the DRC to mine cobalt”, the case arguing that the defendants “know and have known for a significant period of time” the human rights violations in the DRC’s cobalt mining supply chain.
The DRC is one of the world’s most mineral-rich nations and the Central African nation is home to over 70% of the world’s cobalt reserves.
“Cobalt is a critical mineral,” Anneke Van Woudenberg, Executive Director of Rights and Accountability in Development (RAID) told ABC News. “Cobalt is used in rechargeable batteries of electric vehicles and electronic gadgets, its demand is growing due to the green transition as we shift to net-zero.”
However, human rights organizations have documented “grievous human rights abuses” in the DRC’s cobalt supply chain, including the expansion of cobalt and copper mines that have led to forced evictions, calling for more accountability.
In recent years, there has been growing concern over the use of child labor in the mining industry in the Democratic Republic of Congo (DRC), particularly in relation to the production of cobalt, a key component in the batteries used in smartphones and electric vehicles. Several top tech companies have been accused of sourcing cobalt from mines that employ child labor, leading to calls for greater transparency and accountability in their supply chains.
However, a recent ruling by a US court has cleared several of these tech companies of allegations of child labor in their supply chains. The court found that the companies had taken sufficient steps to ensure that their cobalt was sourced responsibly and ethically, and that they were not directly benefiting from child labor.
One of the companies cleared of allegations is Apple, which has been at the forefront of efforts to address child labor in its supply chain. Apple has implemented strict guidelines and audits to ensure that its suppliers adhere to ethical labor practices, and has been working with NGOs and local communities in the DRC to improve working conditions in cobalt mines.
Similarly, other tech giants such as Microsoft, Google, and Tesla have also been cleared of allegations of child labor in their supply chains. These companies have all implemented robust due diligence processes to ensure that their products are not tainted by human rights abuses, and have been working with industry partners and NGOs to address the root causes of child labor in the DRC.
While this ruling is a positive development for these tech companies, it also highlights the need for greater transparency and accountability in global supply chains. The DRC remains a high-risk country for child labor and other human rights abuses, and companies must continue to work together with governments, NGOs, and local communities to address these issues.
In conclusion, the recent ruling by a US court clearing top tech companies of child labor allegations in Congo is a step in the right direction. However, it is important for companies to remain vigilant and continue to improve their due diligence processes to ensure that their products are sourced ethically and responsibly. By working together, we can help create a more sustainable and ethical supply chain for the future.
