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Apple and Google Named In US Lawsuit Over Congolese Child Cobalt Mining Deaths (theguardian.com) 108

An anonymous reader quotes a report from The Guardian: A landmark legal case has been launched against the world's largest tech companies by Congolese families who say their children were killed or maimed while mining for cobalt used to power smartphones, laptops and electric cars, the Guardian can reveal. Apple, Google, Dell, Microsoft and Tesla have been named as defendants in a lawsuit filed in Washington DC by human rights firm International Rights Advocates on behalf of 14 parents and children from the Democratic Republic of the Congo (DRC). The lawsuit accuses the companies of aiding and abetting in the death and serious injury of children who they claim were working in cobalt mines in their supply chain. The families and injured children are seeking damages for forced labour and further compensation for unjust enrichment, negligent supervision and intentional infliction of emotional distress. Since cobalt is used in the rechargeable lithium batteries used in millions of products sold by these tech companies, the lawsuit argues that they all aided and abetted the mining companies that profited from the labor of children who were forced to work in dangerous conditions -- conditions that ultimately led to death and serious injury.

"The court papers claim that Apple, Dell, Microsoft, Google and Tesla all have the authority and resources to supervise and regulate their cobalt supply chains and that their inability to do so contributed to the deaths and injuries suffered by their clients," reports The Guardian. The lawsuit says children were working illegally at a mine owned by UK mining company Glencore, which sold cobalt to Umicore, a Brussels-based metal and mining trader, which then sold battery-grade cobalt to several of the tech companies. Several other mines mentioned in the lawsuit are owned by Zhejiang Huayou Cobalt, a major Chinese cobalt firm, which also supplies several tech companies.
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Apple and Google Named In US Lawsuit Over Congolese Child Cobalt Mining Deaths

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  • Defendants (Score:5, Interesting)

    by syn3rg ( 530741 ) on Tuesday December 17, 2019 @08:09AM (#59528050) Homepage
    I notice they went after US tech companies, not the companies directly involved: Glencore (UK), Umicore (Belguim), and Zhejiang Huayou Cobalt (China).
    • Re:Defendants (Score:5, Informative)

      by Rei ( 128717 ) on Tuesday December 17, 2019 @08:16AM (#59528064) Homepage

      Yes, they basically just picked the five most famous tech companies in the world.

      A detailed thread about the case and the issues involved is here [twitter.com].

      A TL/DR version of it is: the connections between Kamoto -> Katanga -> Glencore -> Umicore are solid. The connections between the children and Kamoto, and between Umicore and the companies being sued, is tenuous at best, and the law firm is somewhat sketchy. That said, there's real human rights issues that warrant a nuanced discussion (which are gone into in more detail above).

    • by Phylter ( 816181 )
      It's very likely a lawyer that got in touch with some family members and then went after the biggest target they could. I can't imagine Congolese families searching out and being able to find a lawyer in the US when they're poor enough that their kids are working in mines.
    • ...the mining companies that profited from the labor of children who were forced to work in dangerous conditions

      Forced to work by who, exactly?

      • by Hodr ( 219920 ) on Tuesday December 17, 2019 @09:45AM (#59528348) Homepage

        Elon Musk, Larry Page, Sergey Brin, Michael Dell, and Bill Gates. They personally oversee the mining operation and punish the children that don't work hard enough, Temple of Doom style.

        • Elon Musk, Larry Page, Sergey Brin, Michael Dell, and Bill Gates. They personally oversee the mining operation and punish the children that don't work hard enough, Temple of Doom style.

          But it's definitely not these childrens' parents. The parents had no idea, and thought the kids were in school all day!

          • Much like children working on cocoa farms, the parents are only given two choices.

            + If their children are with them then they're working. And the parents are required to keep them in line.
            + They're left at home where they can easily be kidnapped and made into slave labor/child soldiers somewhere the parents will never see them again.

            It's a no-win situation and comes down to the lesser of two evils.

          • nearly all of the wealth in the Congo is held by a handful of warlords. This situation is actively encouraged by foreign governments and businesses who want cheap minerals.

            The parents aren't being neglectful, they're trying to scrape together enough money to feed everyone. They shouldn't have to do that. This is not the 1600s. Children shouldn't have to work.
        • Don't blame me, I voted for Kodos..errr...Jack Dorsey.
    • I coin this term; "Suing the rich man, but not his driver."
    • Publicity. Sue the mines and no one cares. Sue big tech companies and you get press coverage.
    • The mining companies will just go bankrupt and all those local jobs are lost.
      These tech companies have big pockets and if a few go out of business then there are plenty of others to pick it right up.

      That said, supply chains are extremely complex and it is nearly impossible to buy anything completely clean (morally).

      There is an area of a lot of people wanting a job just to survive. A company will be there to exploit the labor as there are people so desperate for work that they will be willing to tolerate nea

      • "that said, supply chains are extremely complex and it is nearly impossible to buy anything completely clean (morally)."

        Except: https://www.theguardian.com/gl... [theguardian.com]

        Apple said: “Apple is deeply committed to the responsible sourcing of materials that go into our products. We’ve led the industry by establishing the strictest standards for our suppliers and are constantly working to raise the bar for ourselves, and the industry.

        “In 2014, we were the first to start mapping our cobalt supp
        • by Pascoea ( 968200 )

          that said, supply chains are extremely complex and it is nearly impossible to buy anything completely clean (morally).

          Apple is deeply committed to the responsible sourcing of materials that go into our products...

          Those two statements aren't mutually exclusive. If you're talking about one Cobalt ore rock, it's 100% possible to know who dug it out of the ground, and where it went from there. When you are trying to track 90,000 metric tons of ore mined in the DRC annually (140K tons globally) it is, without a doubt, nearly impossible to get it 100% right 100% of the time. I applaud Apple for what they are doing, and I'm going to assume that every company on this list has some sort of similar policy. But to imply th

      • But the victims were the people on the bottom, who lost their lively hood

        Loss of a lively head covering is a terrible thing.

      • who lost their lively hood

        Livelihood. One word. No "y".

        A lively hood is a criminal who is fun at parties....

    • Tech companies take their Twitter-sphere reputation very seriously. Random mining corporations do not.
    • I doubt they'd have a chance-in-hell suing a Chinese mining company, but the Brits and Belgians have rather strong feelings about putting children in mines as well as strong, independent judiciaries. That only the tech companies are being sued strikes me as evidence that the lawyers are in violation of their oaths, acting to further their own private agendas instead of their clients'.
    • By this lawsuit's logic, every store that sells foods with milk as an ingredient should be required to hire inspectors to go around to all the dairy farms that supply the milk, and ensure that working conditions are safe.

      That's preposterous, of course. And the Democratic Republic of the Congo's failure to regulate the mining companies operating within its borders doesn't make the lawsuit's logic any less preposterous; rather, it makes it more preposterous, because targeting the wrong entities delays the da

  • Am I being sued? (Score:5, Insightful)

    by alvinrod ( 889928 ) on Tuesday December 17, 2019 @08:10AM (#59528058)

    The lawsuit says children were working illegally at a mine owned by UK mining company Glencore, which sold cobalt to Umicore, a Brussels-based metal and mining trader, which then sold battery-grade cobalt to several of the tech companies.

    I've used products created by those technology companies. Am I also being sued?

    It might be too late to warn you, but I made this post with one of those company's products so you might get sued as well just for reading it. I'd pull the plug right now and deny everything.

    • Re:Am I being sued? (Score:5, Interesting)

      by Rei ( 128717 ) on Tuesday December 17, 2019 @08:18AM (#59528074) Homepage

      The funny thing is that Kamoto is primarily a copper mine; cobalt is a byproduct.

      Everyone here who's not using copper in their homes, cars, and computers, raise your hands.

  • Cobalt is also used to remove sulphur from fossil fuels, strangely it never gets mentioned in discussions about fossil fuels vs renewables. Anyone know how much cobalt is used in fossil fuels compared to batteries? https://www.cobaltinstitute.or... [cobaltinstitute.org]
    • by Rei ( 128717 ) on Tuesday December 17, 2019 @08:53AM (#59528160) Homepage

      Last numbers I've seen, batteries were about 2/5ths of global usage, with the rest divided up between a wide variety of other industries (catalysts for the petrochemical industry, alloying agents for certain types of steel, pigments, etc).

      The reason artisanal mining spiked was that there was a big boom in cobalt prices, both real (battery rampup) and speculative (forecasts of battery demand times the amount of cobalt per kWh). Since artisanal mines can be built faster than industrial mines, they tended to fill the gaps. Respectable producers try to exclude artisanal content, so most has been bought up by Chinese front companies like Dongfang and "laundered" with their legit supplies to send back to China, where it's used in a mix of consumer goods and locally-made EVs.

      The problem with the spike was that the demand didn't materialize. Battery producers have been dramatically reducing the cobalt content in their cells. The average LCO cell (cell phones, laptops) is about 1/3rd cobalt by mass. As of a year and a half ago, your average NMC/NCA cell was 8% cobalt, but then it was discovered during a German teardown that Tesla was down to 2,8%. There's been a big race down since, and it's looking like it's heading to 0%, or somewhere near that. As a result, cobalt prices crashed this year. Glencore had to close Mutanda to stabilize them. Reports suggest that, thankfully, artisanal mining is way down in the Congo.

      Nearly 1 in 10 African children work in dangerous work - only a tiny fraction thereof in artisanal mining for cobalt. It's an endemic problem, and one that I hope people will actually care about in general, rather than only when it's useful as an anti-battery talking point. It's a problem of wealth inequality fueled by political instability, corruption, and a near ubiquitous attitude from foreign corporations operating in the continent of, "Just tell us who we need to pay in order to let us operate undisturbed", rather than trying to ensure that the money actually gets to those who need it.

      A classic example of the latter is the oil industry in Nigeria (where the infant mortality rate has doubled in the Niger delta). The government demanded a sizeable cut of their revenues in order to let them operate, which they happily paid. Then, to ensure security, they paid off local chieftans / leaders. "Job done, the people of Nigeria benefit from our operations, we're doing a good thing", right? But little of the money they paid to the central government made it to the people of the delta, and neither did the money that they paid to local leaders. Indeed, a lot of it actually went into weapons purchases, to try to extract even more money from the oil companies. Meanwhile, local people, feeling exploited, turned to tapping the pipelines and selling oil on the black market. This led to extensive leaks, widespread pollution, and more hatred of the local oil industry. In order to protect themselves from growing unrest, they turned to the Nigerian government, which was benefiting handsomely from the oil industry, and more than willing to protect it. But the heavy-handed crackdown by the Nigerian military led to even more local unrest.

      If you want to morally produce in an impoverished country with rife endemic corruption, you have to personally ensure that the money you spend is actually going to the general public. Work through NGOs. Hand it out in person if you have to. What you can't do is just trust that if you just pay the "right people", it'll trickle down.

      • by PPH ( 736903 )

        If you want to morally produce in an impoverished country

        You have to buy permission to produce there in the first place. From El Presidente and the local tribal chieftans*. And once that's done and you start paying the miners their deserved $15 per hour, the politicians will see that and figure that there was more money in the payoff kitty that they were not getting. So the bribery fees go up.

        Good luck stamping out bribery. If you shut down the local tribal sticky palms, that's cultural imperialism. And maybe religious discrimination as well. And if you go up th

      • Tesla is claiming that they will have eliminated Cobalt from their batteries in the next couple years. IIRC After the article about German teardown that noted the 2.8% Cobalt came out Musk commented that they were just 2 generations away from completely removing cobalt and that the next version would have less than 1%. It was either 2020 or 2022 they were planning on being Cobalt free.

  • Adults, remember this when you "upgrade" something when you really don't need to. ...when you buy something with an irreplaceable battery.
    • Non replaceable. The batteries are certainly not irreplaceable, as there are many batteries which could fulfill the power needs of the device.
    • Purism is one of the only phone with a replaceable battery and other saver technologies also.

    • ... when you buy something with an irreplaceable battery.

      The cobalt is used to make the battery. Replacing the battery would use just as much cobalt as replacing the entire device. If anything, devices with replaceable batteries probably consume cobalt at a higher rate than other devices since the batteries would tend to be replaced more often.

  • I get that some nations and global regions are still in "manchester capitalism" industrialisation mode and we have teenage girls sewing my t-shirts 12 hours a day under conditions that hopefully will be gone in a decade. I also get that some 17-year old chinese girl living in some factory for months on end, sharing a cot with her shift-change friend, working 12/7 is happy she has a job and can support her familiy living a three day trainride away in some distant chinese village that has one well, one genera

    • !

      My two eurocents.

      I think that the mines should b closed permanently. That would fix the problem. No more expoloitation.

      That was definitely written ironically. But as likely as not, these companies will find different places to purchase their Cobalt. Australia and Cuba have a lot of Cobalt reserves Philippines, Canada and Russia as well.

      If I as a company am liable for something I have zero control over, you can bet I'll try to do as much business as possible with modern countries that aren't likely to employ children i

  • by WoodstockJeff ( 568111 ) on Tuesday December 17, 2019 @08:55AM (#59528172) Homepage

    The parents could have stopped their children from working in a mine. They're "on the ground" in the Congo, and have a responsibility as parents to do due diligence on anything they allow their children to do.

    • by Erioll ( 229536 )

      Oh don't worry, the federal government will find a way to shut down any actual investment in Canada. C-69 wasn't just "no more pipelines." It was also "no mining, no heavy industry of any kind... unless it gets us votes in Quebec. Then we'll approve anything."

      Whenever a law makes things less predictable for investing, and more dependent on the Minister in Office, lookout. The same if it opens anything up for even more litigation. It is part of the Watermelons' strategy these days: if the Feds won't b

  • AND Solar Panels. So can we just start using Nuclear already? We need need to build plants in every leftist neighborhood using only old Chernobyl technology. Two birds - one stone.

  • This is simply a money grab, nothing more, nothing less.
  • Dumbassery (Score:4, Interesting)

    by nashv ( 1479253 ) on Tuesday December 17, 2019 @09:34AM (#59528298) Homepage

    I understand that the loss suffered by the Congolese is real. However, making bullshit cases against entities that have no liability does not help them. It makes the case seem frivolous. This is plainly a way to extort compensation money from the richest firms.

    See if someone sells you a mobile phone on ebay, after murdering the initial owner of the said phone, that does not make you liable for murder.

    • Not in the least. You don't live in extreme poverty. Simple fact, Apple and others profit off of child labor. Those are the facts. You don't like it. You don't want to believe that you are partly responsible. Well that's your fucking problem. Grow a fucking pair. Come down from your ivory white tower and understand how stuff is fucking made. Understand where stuff fucking comes from. Demand better. There is no reason for this to exist.
      • by nashv ( 1479253 )

        >Not in the least. You don't live in extreme poverty. Simple fact, Apple and others profit off of child labor.

        If this is the case, then it is the Congolese governments problem. Stop squeezing the balls of your moral high horse and come up with a rational argument instead. Moral values are subjective and useless unless everyone agrees on the same thing. That's why we don't have them as legal arguments. Even if it is true that Apple and others profit from child labour, they are not obligated to monitor the

  • by Joe Branya ( 777172 ) on Tuesday December 17, 2019 @10:23AM (#59528508)

    Let me see, a U.S. based advocacy group files a lawsuit in U.S. Courts which claims children were injured near a mine in Zaire owned by European companies. Why not sue in Europe- or even Zaire?

    Well, for starters, if you file a frivolous suit in Europe you have to pay the other side's legal bills. In the U.S. there is no such rule and thus no penalty for filing frivolous suits. Anybody here want to make a $100 bet on the outcome of the suit on, let's say, January 1, 2024? Or you could just go back and look at any of the 2016-17 Slashdot "X has just filed a lawsuit in the U.S. against Y company which doesn't do business here" and see where they went.

    Now let's be frank; this is a press release with a legal filing attached and is designed to gin-up articles like this. This may sound like a bit of harmless fun but it is not.

    First, real litigants here in the U.S. can't get their cases heard because filings like these use legal maneuvers to get put at the "must be heard today" docket. Basically out federal courts are being choked with crap- and the judges allow it to happen because, frankly, talking about mines in Zaire is much more fun that talking about FOIA requests the government is ignoring or cases of product liability happening right next door. All of the phoney "we don't have enough Judges" stuff would be ended if the Judges would spend one weekend reading the recent filings and toss them- with costs- on the following Monday. The breathless "A suit has been filed..." article would be followed the next day with a "The Judge has thrown out the suit" article- and the pplaintiff would be faced with some serious bills and, worse, laughter

    Second, in addition to the real costs of Judicial crowding out, we get the mindshare problem. In the press business there is something called "a story hook", which means "We really want to write another story on (fill in the far left or far right blank) and this lawsuit gives us the excuse to write one- or half-a-dozen- stories on our favorite pet, ideological hobby horse. So the Nazi press was filled with stories about fat Jewish business men defiling innocent Christian shop girls, the Soviet press was filled with the latest revelations in the trials of British spys and the U.S. got thousands of articles about the child stuck in a well- at least American bloviating has a human interest angle and always includes the innocent child in danger trope... because the average person cares about lost animals and children, and let me tell you, that's not all half bad.

    But Slashdot is not supposed to be about lost children in the well. It should be a bit more serious than that and I'm both saddened and annoyed when the lead article is another "baby in the well" story. For the fun of it go back to Slashdot 12/17/2017, look at the articles and ask, "How much of this mattered and why was it here". And the answer will be...

  • I noticed they deliberately avoided going after the battery companies (excepting Tesla.) Where's Panasonic and Friends in this lawsuit?

  • At best they would be given a slap on the wrist of a small fine. Then they will continue the practice.
  • This all could have been avoided if the company had used a disclaimer along the likes of: "This mine uses free-range, cage-free children".

  • Long known, but seldom reported. The worst recycling programs ever photographed are better environmentally than the best metal ore mining. Unfortunately, because recycling takes place in cities (urban ore) reporters for the Guardian will run 10 times more anti-recycling stories (because it's easier to fly into a city like Accra, book at a hotel, and take a cab to the city junkyard) than mining stories - which are usually in very remote places (in part because the pollution is too much to operate a cobalt m
  • by Rick Schumann ( 4662797 ) on Tuesday December 17, 2019 @01:18PM (#59529216) Journal
    Apropos of everything: All you numbskulls out there who keep jumping up and down about how 'robots are going to take our jobs'? How about you all go focus on gods-be-damned robots that will do the dangerous jobs like mining raw materials so we don't have to send people (especially CHILDREN!) down into holes in the ground!? That's an example of the PROPER role of automatons: taking over the dangerous job so humans aren't put in harms' way!
    • by ffkom ( 3519199 )

      How about you all go focus on gods-be-damned robots that will do the dangerous jobs like mining raw materials so we don't have to send people (especially CHILDREN!) down into holes in the ground!?

      Such "robots" (actually, mere mechanical machines working just fine) have existed for a long time now, and are used in every country where child labor is more expensive to buy than machines. Which is not the case in Zaire.

  • Step 2: Sue some buyer of some product that uses some product that includes some of the mined material

    Step 3: Profit! (Not for the children, of course, but probably for a lot of lawyers


    Am I really supposed to see the defendants as the crooks, here? They are sure not likable entities, but not as amoral as those who raise children to send them working in mines to support their own upkeep.
  • Niven and Pournelle phrased it in a novel as "Societies have the morals they can afford". They were making a conservative/libertarian argument for putting aside moral considerations in the making of money, because the money would create higher morals in the end, because people want to be moral, but will sacrifice them for "survival". It's an interesting argument for the feudal society that "Lucifer's Hammer" was falling into, but poor if you're trying to defend child labour behind the low prices that l

"Facts are stupid things." -- President Ronald Reagan (a blooper from his speeach at the '88 GOP convention)

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