US court absolves top tech companies in Congo’s child labor case

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 Case

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.

Court Decision

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.”

Plaintiffs and Accusations

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.

Mineral-Rich Nation

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.

Sustainable Development Goals (SDGs)

“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

SDGs, Targets, and Indicators

1. SDG 8: Decent Work and Economic Growth

   • Target 8.7: Take immediate and effective measures to eradicate forced labor, end modern slavery and human trafficking, and secure the prohibition and elimination of the worst forms of child labor.
   • Indicator 8.7.1: Proportion and number of children aged 5-17 years engaged in child labor, by sex and age group (relevant to child labor in cobalt mining).

2. SDG 12: Responsible Consumption and Production

   • Target 12.2: By 2030, achieve the sustainable management and efficient use of natural resources.
   • Indicator 12.2.2: Material footprint, material footprint per capita, and material footprint per GDP (relevant to the extraction of cobalt).

3. SDG 16: Peace, Justice, and Strong Institutions

   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • Indicator 16.3.2: Unsentenced detainees as a proportion of overall prison population (relevant to addressing human rights violations in cobalt mining).

Analysis

1. SDG 8: Decent Work and Economic Growth

   The issue of child labor in cobalt mining in the Democratic Republic of Congo (DRC) is directly connected to SDG 8, which aims to promote decent work and economic growth. Target 8.7 specifically addresses the eradication of forced labor and the worst forms of child labor. The article highlights the allegations against tech companies for benefiting from and aiding child labor in cobalt mining, which aligns with the target of ending such practices.

   The indicator mentioned in the article is 8.7.1, which measures the proportion and number of children engaged in child labor. This indicator can be used to assess progress in addressing child labor in cobalt mining operations.

2. SDG 12: Responsible Consumption and Production

   The issue of cobalt mining and its impact on natural resources aligns with SDG 12, which focuses on responsible consumption and production. Target 12.2 specifically aims to achieve sustainable management and efficient use of natural resources. The article mentions the demand for cobalt due to the green transition and the shift towards net-zero, highlighting the need for sustainable resource management.

   The indicator mentioned in the article is 12.2.2, which measures the material footprint and efficiency of resource use. This indicator can be used to assess the progress in achieving sustainable management of cobalt extraction.

3. SDG 16: Peace, Justice, and Strong Institutions

   The issue of human rights violations in cobalt mining operations in the DRC relates to SDG 16, which focuses on peace, justice, and strong institutions. Target 16.3 specifically aims to promote the rule of law and ensure equal access to justice. The article mentions the allegations of human rights violations and the need for accountability in the cobalt supply chain.

   The indicator mentioned in the article is 16.3.2, which measures the proportion of unsentenced detainees in the overall prison population. This indicator can be used to assess progress in ensuring equal access to justice and addressing human rights violations in cobalt mining.

Table: SDGs, Targets, and Indicators

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Source: abcnews.go.com

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