US Appeals Court Clears Big Tech In Child Labor Case Linked To Cobalt Mining In Africa

The U.S. Court of Appeals for the District of Columbia sided with major tech giants in a case concerning the alleged use of child labor in cobalt mines in the Democratic Republic of the Congo (DRC). 

According to Reuters, in a unanimous 3-0 decision, the court ruled that these companies, including Apple and Tesla, cannot be held liable for their involvement in cobalt sourcing.

Cobalt sourcing is critical in producing lithium-ion batteries essential for numerous electronics and electric vehicles.

The Lawsuit

The lawsuit, brought forward by former child miners and their advocates, alleged that these tech companies were complicit in a “forced labor” venture by purchasing cobalt from suppliers in the DRC. 

The plaintiffs, representing 16 individuals, including children fatally injured in cobalt mines, accused the companies of deliberately obscuring their reliance on child labor. 

They argued that this was to ensure the consistent supply of cobalt necessary to meet the increasing demand for lithium-ion batteries.

Cobalt is a significant resource, with almost two-thirds of the world’s supply originating from the DRC. 

The plaintiffs contended that the companies’ demand for cobalt led to the exploitation of children, driven into mining by dire poverty and hunger.

The Court’s Ruling

However, the appeals court found that merely buying cobalt in the global market does not equate to “participation in a venture.”

Circuit Judge Neomi Rao noted that the plaintiffs did have legal standing to seek damages but failed to prove that the companies had a direct relationship with suppliers or the power to halt the use of child labor.

“Without more specific allegations, the question is whether the tech companies’ purchasing an unspecified amount of cobalt from a supply chain originating in DRC mines plausibly demonstrates “participation in a venture” with anyone engaged in forced labor in that supply chain,” Rao wrote.

“We hold that it does not.”

What Now?

Responding to the ruling, Terry Collingsworth, the plaintiff’s lawyer, expressed disappointment at the outcome.

“The decision provides “a strong incentive to avoid any transparency with their suppliers, even as they promise the public they have ‘zero tolerance’ policies against child labor,” he said.

Dell, one of the companies implicated, reiterated its commitment to human rights and assured that it never knowingly sourced products made with child labor. 

Google did not comment immediately, while Apple, Microsoft, Tesla, and their lawyers did not respond to requests for comments.