US federal court rules in favor of Apple, Google over Congo child labor accusations،
TL;DR:
- Nearly two-thirds of the world's cobalt comes from the Democratic Republic of Congo and there are problems with child labor.
- Lithium-ion batteries widely used in daily gadgets we use that need cobalt
- The federal appeals court ruled in favor of Alphabet (the parent company of Google), Apple, Dell Technologies, Microsoft and Tesla.
In November 2023, Tim Cook visited Dua Lipa's podcast (by the way: is there anyone without a podcast these days?!) and in it, they talked for 45 minutes, discussing a lot of things. Like: Tim Cook's personal life, his career at Apple, philanthropy, excessive smartphone use and… child labor. Tim Cook assured Dua Lipa that children were not mining cobalt in Congo when she asked: “I was wondering if my new iPhone 15… can you guarantee that the cobalt in this phone was not mined extracted using child labor in the Democratic Republic of Congo?
He first explained that Apple is increasingly involved in the practice of using recycled materials for its devices, so new mining operations are less and less necessary. Then he added: “But for the products that we still extract, for some of our other products, we have an intense level of tracing in our supply chain all the way back to the mine and the smelter to make sure that the labor- of work used is not child labor.”
Today, the U.S. Court of Appeals for the District of Columbia refused to hold five major technology companies liable for their alleged support of the use of child labor in cobalt mining operations in the Democratic Republic of Congo (via Reuters).
In a 3-0 decision, the federal appeals court ruled in favor of Alphabet (Google's parent company), Apple, Dell Technologies, Microsoft and Tesla, rejecting the appeal of the former minor children and their representatives.
The plaintiffs accuse the five companies of partnering with suppliers in a “forced labor” enterprise by purchasing cobalt, used to make lithium-ion batteries widely used in the gadgets we use every day. Nearly two thirds of the world's cobalt comes from the DRC.
According to the complaint, the companies “deliberately obscured” their reliance on child labor, including many children forced into work by hunger and extreme poverty, to ensure that their growing needs for the metal would be met.
The lawsuit involved 16 plaintiffs, including the families of five children who died working in cobalt mines. However, the appeals court ruled that purchasing cobalt does not constitute “participation in a business” under the law intended to protect against human trafficking and forced labor. Circuit Judge Neomi Rao recognized the plaintiffs' right to seek damages, but said they failed to prove that the five companies involved had direct control over their suppliers or the ability to eliminate child labor in the supply chain.
Judge Rao emphasized that responsibility for labor trafficking extends beyond companies to include labor brokers, other consumers of cobalt and the government of the Democratic Republic of Congo ( DRC).
Rao questioned the effectiveness of simply purchasing cobalt from the DRC to prove one's “participation in an enterprise” involving forced labor, ultimately finding the evidence insufficient.
The plaintiffs' attorney, Terry Collingsworth, raised the possibility of additional appeals or filing new lawsuits based on the companies' actions meeting the court's standards. He criticized the decision because it could encourage companies to maintain opacity in their supply chains, despite public assurances of a “zero tolerance” stance on child labor. Collingsworth highlighted ongoing efforts to hold these companies accountable.
