The Democratic Republic of Congo (DRC) may take legal action against tech companies such as Apple to reduce the amount of conflict minerals sourced from its eastern provinces, according to Bloomberg (a subscription is required to read the article).
A UN group of experts on Congo said minerals from Rubaya are “ineligible for trade” under its due diligence guidelines because of their link to violence.
Accusations of Apple and other tech companies not doing enough to reduce the sourced amount of conflict minerals has been ongoing for years. For example, in December 2019 Apple was among the tech giants sued by International Rights Advocates (IRAdvocates) — which “promotes human rights and corporate accountability through legal advocacy and capacity building” — for “aiding and abetting extreme abuse of children mining cobalt in DRC.
The group filed a federal class action lawsuit on behalf of 14 plaintiffs who are either guardians of children killed in tunnel or wall collapses while mining cobalt in the DCR or children who were maimed in such accidents. The lawsuit named Apple, Alphabet (Google), Dell, Microsoft, and Tesla as defendants. Plaintiffs asserted claims for forced child labor in violation of the Trafficking Victims Protection Reauthorization Act. Plaintiffs also sought relief based on common law claims of unjust enrichment, negligent supervision, and intentional infliction of emotional distress.
However, in March 2024, a federal appeals court refused to hold five major technology companies, including Apple, liable over their alleged support for the use of child labor in cobalt mining operations in the Democratic Republic of the Congo, reported Reuters. In a 3-0 decision, the U.S. Court of Appeals for the District of Columbia ruled in favor of Apple, Dell, Microsoft, Tesla, and Google parent Alphabet, rejecting an appeal by former child miners and their representatives.
The DRC has the world’s largest deposits of cobalt, an essential element of rechargeable lithium-ion battery in products made by all tech and electric car companies. IRAdvocates says the tech boom has caused an explosion in demand for cobalt, but in one of the most extreme contrasts imaginable, cobalt is mined in the DRC under extremely dangerous stone age conditions by children paid a dollar or two a day to supply cobalt for the expensive gadgets made by some of the richest companies in the world.
Apple claims it’s working to reduce the use of conflict materials. In a December 2020 report, the tech giant had this to say: Although ‘blood diamonds’ is a phrase most people recognize, fewer people are aware of the term “conflict minerals.” These usually come from areas of the world where there is some form of conflict and are obtained through the exploitative use of workers, with human trafficking and slavery often involved and the proceeds helping to prolong and fund the conflict.
The main three conflict minerals are tin, tungsten, and tantalum (the 3 Ts), but gold can also be included. A common source of these minerals is the Democratic Republic of Congo (DRC), an area with ongoing violence and human rights violations.
Apple has now ceased relationships with any mineral providers that fail Apple’s intensive auditing process. By working with suppliers and smelters that are certified as ethical and conflict-free, Apple hopes to reduce the demand from areas such as the DRC.
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