On Tuesday, a federal appeals court dismissed the claims of five significant technology corporations that they encouraged the use of child labor in the Democratic Republic of the Congo’s cobalt mining operations.
A three-to-one vote by the U.S. Court of Appeals for the District of Columbia rejected an appeal by former child miners and their representatives, ruling in favor of Google parent Alphabet (GOOGL.O), Apple (AAPL.O), Dell Technologies (DELL.N), Microsoft (MSFT.O), and Tesla (TSLA.O).
The plaintiffs claimed that by obtaining cobalt, which is needed to create lithium-ion batteries, which are widely used in electronics, the five corporations were participating with suppliers in a “forced labor” enterprise. Around two-thirds of the world’s cobalt comes from the DRC.
In order to meet their increasing demand for the metal, the firms allegedly “deliberately disguised” their reliance on child labor, including the use of numerous youngsters coerced into labor by acute poverty and hunger.
Representatives of five youngsters who perished in cobalt mining activities were among the 16 claimants.
In contrast, the appeals court said that purchasing cobalt through a worldwide supply chain did not qualify as “participation in a business” for the purposes of a federal statute that shields minors from forced labor and human trafficking.
Circuit Judge Neomi Rao stated that the plaintiffs had the right to file a lawsuit for damages, but she did not provide evidence that the five corporations had any authority to halt the use of child labor or anything more than a buyer-seller connection with suppliers.
She continued by saying that the DRC government, other cobalt consumers, and labor brokers are only a few of the numerous parties accountable for labor trafficking.
“It is unclear if the tech companies’ acquisition of an undisclosed quantity of cobalt from a supply chain that started in DRC mines credibly indicates ‘engagement in a venture’ with anyone involved in forced labor in that supply chain,’ absent more detailed accusations,” Rao said. We maintain that it doesn’t.
In an email, plaintiffs’ attorney Terry Collingsworth stated that if the firms’ actions satisfied the court’s requirements, his clients might file further lawsuits and make more appeals.
“A tremendous incentive to prevent any openness with their suppliers, even as they guarantee the public they have ‘zero tolerance’ standards against child abuse,” according to the ruling labor,” he said. “We are far from finished seeking accountability.”
Dell declared in a statement that it has never knowingly procured items created with child labor and that it is dedicated to protecting workers’ human rights throughout its supply chain.
Google did not respond right away. Requests for responses from Apple, Microsoft, Tesla, and their respective attorneys went unanswered.
The ruling on Tuesday upheld the dismissal of U.S. District Judge Carl Nichols in Washington in November 2021.
According to court documents, the cobalt suppliers included Zhejiang Huayou Cobalt (603799.SS), Umicore (UMI.BR), Glencore (GLEN.L), and Eurasian Resources Group. No defendant was mentioned.
Doe 1 et al. v. Apple Inc. et al. is the case in question; it is D.C. Circuit Court of Appeals No. 21-7135.
(Reuters)
