A federal appeals court has dismissed a lawsuit against major tech companies including Apple, Google, Tesla, and others, alleging their involvement in child labor to mine cobalt in the Democratic Republic of Congo.
The DC Circuit Court of Appeals ruled unanimously that the plaintiffs, who initiated the lawsuit in 2019, had the legal standing to bring the case. However, they did not meet the necessary legal elements to pursue their claims against the tech giants.
Lack of Participation in Forced Labor
In the court’s ruling, Circuit Judge Neomi Rao stated that purchasing cobalt through the global supply chain did not constitute “participation in a venture” under federal anti-trafficking law. Rao explained that the tech companies did not have a shared enterprise with the suppliers who facilitated forced labor.
While the court acknowledged that the cobalt suppliers and their subsidiaries were actively involved in forcing children to work to meet the tech companies’ demand for cobalt, it concluded that the tech companies themselves did not participate in these ventures.
Cobalt is a crucial component of lithium-ion batteries found in nearly all rechargeable electronic devices. Approximately two-thirds of the world’s cobalt comes from the Congo.
Previous Dismissal and Appeal
The lawsuit was initially dismissed by a federal judge in DC. However, the plaintiffs, which include former underage miners injured in cobalt mining accidents and guardians of children killed while working in cobalt mines, appealed to the circuit court in 2021 to revive their case.
Defendants and Allegations
The defendants named in the lawsuit were Apple, Alphabet (Google’s parent company), Dell Technologies, Microsoft, and Tesla. The lawsuit was filed on behalf of the plaintiffs by International Rights Advocates. The plaintiffs alleged that the children were exploited and harmed in mining operations connected to companies such as Glencore, Umicore, and Huayou Cobalt, which they claimed supplied some or all of the defendants. None of these companies were listed as defendants in the lawsuit.
The ruling by the DC Circuit Court of Appeals marks a significant development in the ongoing debate about corporate responsibility in global supply chains, particularly concerning the use of child labor in mining operations.
