On one hand, according to the International Labour Organisation[1], 28 million people and 3.3 million children are victims of forced labour. According to Amnesty International[2], 40,000 children are still working in mines, in particularly dangerous conditions.
On the other hand, the Democratic Republic of Congo and its lands are very rich in rare earths, which are essential to the world’s energy and digital transition. The Rubaya mining area is home to large quantities of Coltan, tin, tungsten, copper, cobalt and lithium. Coltan is used to extract tantalum, which together with tin and tungsten is used in the manufacture of electronics and electric cars.
The case of the Democratic Republic of Congo is a very broad and thorny issue, and in this article, we will look at the appalling working conditions there, the untraceability of the materials used in our smartphones, and some prospects for improving the situation.
Appalling working conditions
According to Unicef and Humanium[3], working conditions at these mining sites in the Democratic Republic of Congo are excruciating. Like adults, children work tirelessly and without any basic protection or safety measures. In unbearable heat, clouds of red dust and poor lighting, these children dig 200 to 300 metres deep, constantly exposed to the risk of asphyxiation, landslides or other fatal accidents, and are paid 1 to 2 dollars a day.
In a 2016 report, Amnesty International accused Chinese companies of using child labour in Congo’s cobalt mines and multinational technology companies of failing to address human rights in their supply chains.
Child labour in mines is harmful to children and is undoubtedly one of the worst forms of child labour. Article 32 of the United Nations Convention on the Rights of the Child[4] is clear on this subject: ” 1. States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development. “.
Moreover, the conflict between Rwanda and the Democratic Republic of Congo has added to these already difficult conditions and makes it difficult to trace the raw materials used by companies around the world in the energy and digital transition.
The untraceability of smartphone materials
A central factor preventing the traceability of the raw materials in our smartphones is the conflict between Rwanda and the Democratic Republic of Congo. This conflict dates back to the 1990s, but was reignited in 2022. This conflict was initially attributable to colonialism and the resulting distribution of land. This problem has been exacerbated by the rising demand for rare metals, which continues to increase. In 2010, mining exports are Rwanda’s main source of revenue. The more the years go by, the more Rwanda realises that it does not have deposits large enough to meet demand. Little by little, a war economy model implemented, with some of the “Rwandan” mineral production, which actually came from the Democratic Republic of Congo, being transformed into “made in Rwanda” products. These are then exported via an international network. This model of the war economy in the Great Lakes region is based on mining, simplified commercial and financial networks, and the supply of weapons.
Today, the Rubaya mining area has become the centre of a huge Coltan trade. The raw materials are mined at gunpoint by rebels of the March 23 Movement (M23), then transported to the Ugandan or Rwandan border, where they are exported for use in the manufacture of electronic goods. This route allows the raw materials to be used without remorse by the subcontractors of digital companies.
“This is the great paradox of the digital age: some of the world’s most successful and innovative companies are able to market incredibly sophisticated products without being required to reveal where they source the raw materials included in their components”, says Emmanuel Umpula, Executive Director of Afrewatch (African Natural Resources Watch).
Hopes or delusions that this system will come to an end?
In July, a measure was introduced in the US House of Representatives to ban imported products containing minerals essential for electric vehicle batteries, but extracted by child labour and under other abusive conditions in the DRC. However, it also seems that the target of this new regulation is really China – which dominates the raw materials market today.
In addition, as part of the Conference on the Future of Europe, EU citizens expressed their expectations that rules would be put in place to regulate imported and exported products produced using forced labour. In April 2024, the European Parliament gave its approval to a new regulation enabling the EU to ban the sale, import and export of goods produced using forced labour.
However, the text still has to be formally approved by the Council of the EU, after which the Member States will have three years to implement it.
Besides, when you purchase smartphones from China, how can you be sure of the conditions under which the raw materials they contain are obtained? In China, importers and exporters of metals, minerals and chemical substances have recently drawn up their own obligations, based on the OECD guide, according to the European Commission website. However, the situation in the Democratic Republic of Congo is only getting worse.
[1] Organisation Internationale du Travail – « Travail forcé, esclavage moderne et traite des êtres humains ». Link : https://www.ilo.org/fr/themes-0/travail-force-esclavage-moderne-et-traite-des-etres-humains
[2] Amnesty International – « République démocratique du Congo : les petits forçats du cobalt », written by Théophile Simon, published on the 15th February 2023. Link : https://www.amnesty.fr/actualites/republique-democratique-du-congo-enfants-cobalt-face-cachee-de-nos-batterie
[3] Humanium – « Travail des enfants dans les mines en République Démocratique du Congo », by Olivier, published on the 6th April 2016.
[4] United Nations – « Convention on the Rights of the Child », by the General Assembly resolution 44/25, adopted on the 20th November 1989. Link : https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child
