NEW YORK -- Five of the world's largest tech companies, including electric vehicle maker Tesla Inc., have been accused of being complicit in the death of children in the Democratic Republic of Congo forced to mine cobalt, a metal used to make telephones and computers, in a landmark lawsuit.
The legal complaint on behalf of 14 families from Congo was filed on Sunday by International Rights Advocates, a U.S.-based human rights non-profit, against Tesla, Apple Inc., Google parent Alphabet Inc., Microsoft Corp. and Dell Technologies Inc..
The companies were part of a system of forced labor that the families claimed led to the death and serious injury of their children, it said.
It marked the first time the tech industry jointly has faced legal action over the source of its cobalt.
Images in the court documents, filed in U.S. District Court in Washington, showed children with disfigured or missing limbs.
Six of the 14 children in the case were killed in tunnel collapses, and the others suffered life-altering injuries, including paralysis, it said.
"These companies -- the richest companies in the world, these fancy gadget-making companies -- have allowed children to be maimed and killed to get their cheap cobalt," Terrence Collingsworth, an attorney representing the families, told the Thomson Reuters Foundation.
Cobalt is essential in making rechargeable lithium batteries used in millions of products sold by the tech industry.
More than half of the world's cobalt is produced in Congo.
Global demand for the metal is expected to increase at 7 percent to 13 percent annually over the next decade, according to a 2018 study by the European Commission.
The lawsuit said the children, some as young as 6 years old, were forced by their families' extreme poverty to leave school and work in cobalt mining owned by the British mining company Glencore. Glencore has previously been accused of using child labor.
Some children were paid as little as $1.50 per day, working 6 days a week, it said.
In response to a request for comment, Dell said in an email that it has "never knowingly sourced operations" using child labor and has launched an investigation into the allegations.
A spokesperson for Glencore said: "Glencore notes the allegations contained in a U.S. lawsuit filed on 15th December 2019.
"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."
Tesla, Apple, Google, Microsoft did not immediately respond for comment.
The legal complaint argued that the companies all have the ability to overhaul their cobalt supply chains to ensure safer conditions.
"I've never encountered or documented a more severe asymmetry in the allocation of income between the top of the supply chain and the bottom," said Siddharth Kara, a researcher on modern slavery who is an expert witness in the case.
"It's that disconnect that makes this perhaps the worst injustice of slavery and child exploitation that I've seen in my two decades research," Kara said.
More than 40 million people have been estimated to be captive in modern slavery, which includes forced labor and forced marriage, according to Walk Free and the International Labour Organization.
Ford Motor Co., Toyota Motor Corp. and General Motors topped the industry in the Rainbow/PUSH Coalition's 2019 Automotive Diversity Scorecard released this month.
The organization also lauded improvements by Fiat Chrysler Automobiles, Honda Motor Co. and Nissan Motor Co.
The scorecard judges automakers on their commitment to improving diversity in employment, advertising, marketing, procurement, dealers and philanthropy.
Companies are scored as either green, yellow or red. Green signals that a company is using best practices to build ethnic diversity and has shared its goals, initiatives and investments in this area. Yellow indicates diversity is evident, but not all dollar investments, key figures and other factors were disclosed.
Red means diversity initiatives were nonexistent or undisclosed or that there was not relevant information provided for scoring.
Ford and Toyota had green marks in five of the six categories. Both had yellow ratings for dealerships. Ford ranked third in the industry, with 168 minority-owned dealerships at the end of 2018, while Toyota was fifth, with 74, according to the National Association of Minority Automobile Dealers.
GM, the only automaker with a green rating for dealerships, had 278 minority-owned stores, the most in the industry. Overall, GM got four green ratings.
"Toyota and Ford have done very well because both have African American agencies of record, moreover, their procurement spend has been very strong," John Graves, chairman of the Rainbow/PUSH Automotive Project, said in an email to Automotive News. "Lastly, the commitment in the C-suites has been exceptional."
FCA, Honda and Nissan "have shown the most improvement by increasing their advertising and procurement spend with African American companies," Graves said.