Apple & other tech giants seek dismissal of cobalt mine child labor suit

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Apple, in conjunction with Dell, Google, Microsoft, and Tesla have requested a dismissal of a class-action suit alleging tech companies have knowingly exploited underage labor in local mining for cobalt, used in lithium-ion batteries.

Lithion-ion batteries like this inside an iPhone use cobalt.
Lithion-ion batteries like this inside an iPhone use cobalt.


The quintet were been named in December in a lawsuit alleging the exploitation of underage labor in the Democratic Republic of Congo (DRC). At the time, all of the companies were accused of knowing that the cobalt they buy to use in their battery technologies was originally mined by young children -- and ignoring concerns about it.

"The young children mining Defendants' cobalt are not merely being forced to work full-time, extremely dangerous mining jobs at the expense [of] their educations and futures," said the suit. "They are being regularly maimed and killed by tunnel collapses and other known hazards common to cobalt mining in the DRC."

On Wednesday afternoon, in a joint filing, the tech giants filed to have the suit dismissed. In clear language, the filing condemns the use of child labor, and says that since they don't own any cobalt mines, a supplier such as Glencore as named in the suit can't be positively identified as the source of cobalt that they use.

Cobalt is a primary ingredient in batteries. It isn't tracked from source to use, and is mixed many times on its way to the China supply chain. Tuesday's filing also says that following mixing, there is no way to tell where cobalt has originated, by firm, or by mine.

The suit was filed in the US District of Columbia. Filer Terrence Collingsworth of International Rights Advocates filed the suit on behalf of both multiple specific plaintiffs and others similarly affected.

Saying that the plaintiffs expect to add other companies to the case following further research, the suit claims that these firms have all used a euphemism to facilitate the underage work.

"[The workers] are officially referred to as 'artisinal' miners to dress up the fact that this means they are working in a large informal sector of people, including young children, who go to the areas where cobalt is found and use primitive tools to dig and tunnel for cobalt without any safety equipment and without any structural support for the tunnels," the original filing claims.

The cobalt mines in the court filing are owned by Glencore, and a spokesperson from the company has said that it denies using such labor.

"Glencore supports and respects human rights in a manner consistent with the universal declaration of human rights," said a Glencore spokesperson. "Glencore's production of cobalt in the DRC is a by-product of our industrial copper production. Glencore's operations in the DRC do not purchase or process any artisanally mined ore."

"Glencore does not tolerate any form of child, forced, or compulsory labor," the spokesperson continued.

The suit seeks a trial by jury and seeks damages and costs. It also wants the companies to fund medical care for the miners, and an environmental cleanup effort.

Congo Suit by Mikey Campbell on Scribd

Comments

  • Reply 1 of 8
    maestro64maestro64 Posts: 5,043member
    Why are they not suing the mining companies and the government of the Congo, or why not sue the UN or WHO who claims to have responsibility over what countries do in the world market. Is they because China is the user of most all the mineral coming out of the Congo and China does not care.
    edited August 2020
  • Reply 2 of 8
    Rayz2016Rayz2016 Posts: 6,957member
    maestro64 said:
    Why are they not suing the mining companies and the government of the Congo, or why not sue the UN or WHO who claims to have responsibility over what countries do in the world market. Is they because China is the user of most all the mineral coming out of the Congo and China does not care.

    Because they'll make a bigger stink by suing organisations people have actually heard of. The companies involved don't own the mines, don't mine the mines, don't make the batteries.

    They just bought the batteries, so it's a bit like me being sued for wearing trainers made by child labourers. 

    The problem is that government will do nothing to protect its own citizens so this is why they're going after the names. 


    llamajony0muthuk_vanalingam
  • Reply 3 of 8
    fred1fred1 Posts: 1,130member
    Dismiss the suit? Instead of proving innocence? Strange. It’s like taking the 5th amendment instead of answering the question. 
    dysamoria
  • Reply 4 of 8
    dysamoriadysamoria Posts: 3,430member
    So, without source tracking, they just prefer to believe the cobalt they buy all comes from human rights-abiding sources? Sounds like source tracking is required. But they won’t stop buying it to pressure mines to implement tracking methods... 
    kurai_kage
  • Reply 5 of 8
    mknelsonmknelson Posts: 1,137member
    fred1 said:
    Dismiss the suit? Instead of proving innocence? Strange. It’s like taking the 5th amendment instead of answering the question. 
    Apple (and presumably the others) have answered the question in their annual sustainability report.

    I think the real issue here is that the lawsuit's targets are rather broad and vague - only naming one mine and their process (if correct) seems like they shouldn't be targeted.
    kurai_kagejony0
  • Reply 6 of 8
    DAalsethDAalseth Posts: 2,949member
    fred1 said:
    Dismiss the suit? Instead of proving innocence? Strange. It’s like taking the 5th amendment instead of answering the question. 
    I don’t see it as like taking the fifth. More that they’re going to the judge and saying the suit is baseless and should not proceed. It is a recognition that once a suit goes to trial, you don’t know what the outcome might be. 
  • Reply 7 of 8
    Let’s say these tech companies lost, I wonder who will pocket the money?
    i am pretty sure not these poor kid in Congo.
  • Reply 8 of 8
    fred1fred1 Posts: 1,130member
    viclauyyc said:
    Let’s say these tech companies lost, I wonder who will pocket the money?
    i am pretty sure not these poor kid in Congo.
    No, I don't see them getting any checks.  Since the plaintiffs say this:
    "The suit seeks a trial by jury and seeks damages and costs. It also wants the companies to fund medical care for the miners, and an environmental cleanup effort."
    then the money should go to help pay for these, but we all know that once the lawyers take their share, the rest of the money won will probably go elsewhere.  
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