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The Road to Ruin? - Electric vehicles and workers’ rights abuses at DR Congo’s industrial cobalt mines

By staff - Rights and Accountability in Development (RAID) and the Centre d’Aide Juridico-Judiciaire (CAJJ), November 2021

Cobalt is everywhere. It is a silvery-blue mineral used in the rechargeable batteries that power our mobile phones, laptops and tablets, and in larger quantities, the electric vehicles that will soon dominate our roads. It is a strategic mineral in the plan to decarbonise and move away from fossil fuels towards renewable energy. Accelerating this switch is one of the priorities to tackle the climate crisis and industry experts forecast that electric vehicle sales will skyrocket in the next 10 years. This will require a dramatic increase in cobalt production.

The booming demand for cobalt has a dark side, however. The Democratic Republic of Congo, one of Africa’s poorest nations, holds the lion’s share of the world’s cobalt reserves. In 2020, 70% of the world’s cobalt was extracted from within its borders with tens of thousands of workers labouring in large-scale industrial mines to dig up the ore. Multinational mining companies that own many of Congo’s mines, eager to demonstrate their “green” and “responsible” credentials, say they produce “clean” and “sustainable” cobalt, free from human rights abuses, and that their operations contribute to good jobs and economic opportunities.

This report, based on extensive research over two years, paints a very different picture. It shows dire conditions for many Congolese workers in the industrial mines, often characterised by widespread exploitation and labour rights abuses. Many workers do not earn a “living wage” – the minimum remuneration to afford a decent standard of living – have little or no health provision, and far too often are subjected to excessive working hours, unsafe working conditions, degrading treatment, discrimination and racism.

In recent years attention has mainly focused on Congo’s artisanal mining sector, partly because of the risks of child labour it creates, whereas the conditions for workers in the large-scale industrial mines have gone largely unnoticed. This report examines workers’ rights at Congo’s industrial mines where the large majority of cobalt is coming from, producing some 80% of the cobalt exported from the country (in contrast to the 20% produced in artisanal mines).

The findings presented in this report are based on detailed research over 28 months by UK-based corporate watchdog Rights and Accountability in Development (RAID) and the Centre d’Aide Juridico- Judiciaire (CAJJ), a Congolese legal aid centre specialised in labour rights. The research team carried out extensive field research in and around Kolwezi, a mining town where many of Congo’s cobalt and copper mines are located. It is informed by 130 interviews of workers and former workers at five mining companies, as well as interviews with subcontractors, union representatives, lawyers, Congolese local authorities, medical staff and industry experts.

Read the text (PDF).

Mining and Green New Deals

By Sebastian Ordoñez Muñoz - The Ecologist, August 4, 2021

Mining that destroys communities and the ecosystem can have no part in any Green New Deal.

The recent mainstreaming of the Green New Deal framework has intensified scrutiny on oil majors.

However, the same cannot be said of global extractivist power - especially mining companies, who see the climate crisis as an opportunity to reinvent themselves and guarantee their bottom line. 

Supported by the World Bank, the mining industry has cynically positioned itself as key actors in the energy transition, claiming they are needed to provide the minerals and metals to meet growing renewable energy demand.

This series of articles has been published in partnership with Dalia Gebrial and Harpreet Kaur Paul and the Rosa Luxemburg Stiftung in London. It first appeared in a collection titled Perspectives on a Global Green New Deal.

Batteries

Yet, many of these same companies are heavily invested in fossil fuel extractors, and are among the world’s highest corporate emitters.

The mining industry, along with other extractive industries, has been at the heart of a colonial model which continues to bring profits to multinational corporations and the wealthy few, while dispossessing countless communities of their lands, water and livelihoods and exploiting workers at the expense of their health and well-being.

Miners are also amongst the most mistreated workers in the world.

In July 2019, at least 43 artisanal miners died in the Democratic Republic of the Congo (DRC), due to a mine collapse at an industrial copper and cobalt mine owned by Anglo-Swiss multinational Glencore - cobalt is a vital part of electric car batteries.

Protest

UNICEF estimates that 40,000 children work in mining across the south of the DRC. Meanwhile, Glencore sees itself as part of the energy transition powering the electric vehicle revolution.

During the pandemic, multiple governments declared mining an essential activity, or responded to industry pressure to do so after a brief shutdown.

Mining operations became vectors of the disease - for workers and rural communities.

As companies profiteered from the pandemic, threats to land defenders exercising legitimate protest increased, and the regulatory groundwork was laid to reposition and bolster extractivist industries.

Food Sovereignty: 25 years in the making

By Jaime Amorim - La Via Campesina, July 28, 2021

Food sovereignty is intrinsically linked to the debate over what we envision for rural areas and what type of development should be applied, as well as what type of food to produce. And why do we want to produce?”

In the same year that La Via Campesina celebrates 25 years of defining, building, and fighting for “food sovereignty,” the United Nations (UN) will convene a summit for heads of state, members of large businesses and private corporations, multinationals and agribusiness representatives to discuss food systems processes.

The UN Food Systems Summit, or FFS, will take place in September of 2021 during the week of the High-Level panel of the United Nations’ General Assembly. Before the Summit, a pre-Summit will take place in Rome at the end of June.

I will take advantage of this space to debate(discuss?) the two subjects which complement each other in two separate articles. In this first one, I will discuss the 25th anniversary of the debate for food sovereignty. In the second will concern the contradictions surrounding the realization of the Summit on food systems, which will be convened by the Secretary General of the United Nations. This is the decade in which the UN and its member states must accomplish the activities and actions to which they committed by 2030, the objectives defined in order to reach their goals for building Sustainable Development.

The Summit on Food Systems will be held just as the world is experiencing a pandemic that has taken the lives of more than four million people worldwide, victims of COVID-19. At the same time, we see, as a consequence of the crises, the rise in the number of people who suffer hunger worldwide, as well as an increase in unemployment, poverty and violence.

Trade unions welcome UN HLPF Ministerial Declaration, but demand action

By staff - International Trade Union Confederation, July 19, 2021

Trade unions have welcomed the adoption of the Ministerial Declaration by the High-level Political Forum on Sustainable Development (HLPF) as it recognises decent work, social protection and climate resilient investments with just transitions as key pillars for recovery. But this must now be translated into government action.

This year’s HLPF focused on ways to ensure a sustainable and resilient recovery from COVID-19 in line with the SDGs. This included a review of progress on SDG 8.

The Ministerial Declaration reaffirms governments’ commitment to the SDGs as the “global blueprint” to respond to the pandemic and build “a better future for all”.

Trade unions welcomed:

  • references to the decent work agenda;
  • a commitment to protection of labour rights and occupational health and safety for all;
  • a pledge to eradicate forced and child labour;
  • the creation of “conditions for decent work for all, including for those in the informal economy”;
  • the promotion of sustainable business practices;
  • the call for investments in the care economy;
  • the recognition of women’s disproportionate share of unpaid care and domestic work;
  • and the need to close the gender gap in the labour market.

Even though the Declaration misses the opportunity to explicitly refer to universal social protection, it is vocal on the need for all countries to extend social protection coverage, including social protection floors.

Recharge Responsibly: The Environmental and Social Footprint of Mining Cobalt, Lithium, and Nickel for Electric Vehicle Batteries

By Benjamin Hitchcock Auciello, et. al. - Earthworks, March 31, 2021

It is critical that the clean energy economy not repeat the mistakes of the dirty fossil fuel economy that it is seeking to replace. The pivot from internal combustion engines towards electric vehicles provides an unprecedented opportunity to develop a shared commitment to responsible mineral sourcing. We can accelerate the renewable energy transition and drive improvements in the social and environmental performance of the mining industry by reducing overall demand for new minerals, increasing mineral recycling and reuse, and ensuring that mining only takes place if it meets high environmental, human rights and social standards.

This report is designed to inform downstream battery metal users of key environmental, social, and governance issues associated with the extraction and processing of the three battery metals of principal concern for the development of electric vehicles and low-carbon energy infrastructure—lithium, cobalt and nickel—and to offer guidance on responsible minerals sourcing practices. This report reflects and summarizes some of the key concerns of communities impacted by current and proposed mineral extraction in hotspots around the world: Argentina, Chile and the United States for lithium, Papua New Guinea, Indonesia and Russia for nickel, and the Democratic Republic of Congo for cobalt.

Read the text (PDF).

A Material Transition: Exploring supply and demand solutions for renewable energy minerals

By Andy Whitmore - War on Want, March 2021

There is an urgent need to deal with the potential widespread destruction and human rights abuses that could be unleashed by the extraction of transition minerals: the materials needed at high volumes for the production of renewable energy technologies. Although it is crucial to tackle the climate crisis, and rapidly transition away from fossil fuels, this transition cannot be achieved by expanding our reliance on other materials. The voices arguing for ‘digging our way out of the climate crisis’, particularly those that make up the global mining industry, are powerful but self-serving and must be rejected. We need carefully planned, lowcarbon and non-resource-intensive solutions for people and planet.

Academics, communities and organisations have labelled this new mining frontier, ‘green extractivism’: the idea that human rights and ecosystems can be sacrificed to mining in the name of “solving” climate change, while at the same time mining companies profit from an unjust, arbitrary and volatile transition. There are multiple environmental, social, governance and human rights concerns associated with this expansion, and threats to communities on the frontlines of conflicts arising from mining for transition minerals are set to increase in the future. However, these threats are happening now. From the deserts of Argentina to the forests of West Papua, impacted communities are resisting the rise of ‘green extractivism’ everywhere it is occurring. They embody the many ways we need to transform our energy-intense societies to ones based on democratic and fair access to the essential elements for a dignified life. We must act in solidarity with impacted communities across the globe.

This report includes in-depth studies written by frontline organisations in Indonesia and Philippines directly resisting nickel mining in both countries respectively. These exclusive case studies highlight the threats, potential impacts and worrying trends associated with nickel mining and illustrate, in detail, the landscape for mining expansion in the region.

Read the text (PDF).

A Vision for a Sustainable Battery Value Chain in 2030: Unlocking the Full Potential to Power Sustainable Development and Climate Change Mitigation

By staff - World Economic Forum, 2019

The need for urgent and more intensive actions against climate change is broadly recognized. In support of this agenda, this report presents a simple yet profound vision: a circular, responsible and just battery value chain is one of the major near- term drivers to realize the 2°C Paris Agreement goal in the transport and power sectors, setting course towards achieving the 1.5°C goal if complemented with other technologies and collaborative efforts.

With the right conditions in place, batteries are a systemic enabler of a major shift to bring transportation and power to greenhouse gas neutrality by coupling both sectors for the first time in history and transforming renewable energy from an alternative source to a reliable base. According to this report, batteries could enable 30% of the required reductions in carbon emissions in the transport and power sectors, provide access to electricity to 600 million people who currently have no access, and create 10 million safe and sustainable jobs around the world.

This report provides a quantified foundation for a vision about how batteries can contribute to sustainable development and climate change mitigation over the coming decade. The analysis underscores that this opportunity can only be achieved sustainably through a systemic approach across social, environmental and economic dimensions. It outlines key conditions and presents recommendations to realize this potential.

Read the report (Link).

Human Rights in Wind Turbine Supply Chains

By staff - ActionAid, January 19, 2018

This briefing paper sheds light on the risks that are brought about by the projected increase in demand for minerals, such as iron ore and chromium, which are needed for the production of new wind turbines. An overview is provided of how the mining of these minerals affects people and the environment in international supply chains.

The paper also describes what is expected of companies supplying the Netherlands with wind turbines in terms of their supply chain responsibility and respecting human rights. The paper then reviews efforts by these companies to undertake due diligence to identify, prevent and mitigate risks of adverse impacts in their metals and minerals supply chain.

Commissioned by ActionAid Netherlands and written by SOMO, the paper is primarily intended to inform the Dutch government and companies in the wind energy sector about the social and environmental risks in renewable energy supply chains. It’s aim is to influence and improve Dutch policy to ensure fair and sustainable mineral supply chains globally and to broaden the scope of the energy transition agenda.

Read the report (PDF).


November 2019 Update

This report is a follow-up to the 2018 research ‘Human Rights in Wind Turbine Supply Chains‘. This report assess the extent to which the seven wind turbine manufacturers that were examined in the initial report have acted on previous recommendations and improved their policies related to risk-based due diligence in their wind turbine supply chains. The report takes the different steps of due diligence expected by the UNGPs and the OECD Guidelines as its starting point and normative benchmark.

The research analyses the companies’ general due diligence processes as well as at how the companies approach the specific risks associated with the extraction and processing of minerals that play an important role in the production of wind turbines, such as iron, aluminium and copper. The report also provides recommendations for governments and companies.

Read the report (PDF).

Child laborers bring case against food companies: “You’re enabling enslavement”

By Irit Tamir - Oxfam, September 26, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

The US Alien Tort Statute is pried back open for foreign victims of corporate human rights abuses to find justice.

A class action suit brought by a group of trafficked children from Mali to the US 9th Circuit Court may have an impact on how corporations develop their business models in the future.

In John Doe et al v. Nestle et al, child plaintiffs argued that Nestle, ADM, and Cargill aided and abetted enslavement (and numerous violations of international and US law) in the companies’ cocoa supply chains. The former child slave laborers were allegedly trafficked by cocoa growers into Cote D’Ivoire and forced to work in fields that supplied cocoa beans to the defendants in the case. The court held that they could bring the action under the US Alien Tort Statute. Since 1980, courts have interpreted this statute to allow foreign citizens to seek remedies in US courts for human rights violations for conduct committed outside US borders.

For too long now, many industries have profited from inhuman working conditions, seeing labor as yet another line item that can be manipulated in terms of cost. Driving working conditions and wages to the lowest common denominator keeps the costs of commodities as low as possible. It is well known that enslavement conditions and child labor are often too common in the production of palm oil, tomatoes, strawberries, and cocoa, as well as in the mining sector.

The Fine Print I:

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The Fine Print II:

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