JAKARTA - On Tuesday, March 5, a federal appeals court refused to detain five major tech companies for their alleged support for the use of child labor in cobalt mining operations in the Democratic Republic of Congo.

In a 3-0 decision, the US Court of Appeals to the District of Columbia decided to support Alphabet's parent Google, Apple, Dell Technologies, Microsoft, and Tesla, and rejected appeals by former child laborers and their representatives.

The plaintiffs accused the five companies of joining suppliers in forced labor forces by buying cobalt, which is used to make lithium-ion batteries widely used in electronics. Nearly two-thirds of the world's cobalt comes from Congo.

According to the lawsuit, companies "deliberately obscure" their dependence on child labor, including many children being pressured to work from hunger and extreme poverty, to ensure their growing need for the metal is met.

The decision provides "strong incentives to avoid any transparency with their suppliers, although they promise the public that they have a 'zero tolerance' policy of child labor," he said. "We are far from finished seeking accountability."

Dell said in a statement that they are committed to upholding the human rights of workers throughout their supply chain, and never intentionally taking products made with child labor.

The ruling on Tuesday confirmed the US district court ruling in Washington in November 2021.

Cobalt suppliers include Eurasian Resources Group, Glencore, Umicore, and Zhejiang Huayou Cobalt, according to court documents. None of them became defendants.


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