Cobalt, copper and corporate harm: seeking Justice for workers and communities in the DRC

Background 

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The global energy transition, driven by the growth of electric vehicles and renewable technologies, has led to explosive demand for cobalt and copper. The Democratic Republic of Congo (DRC), particularly the provinces of Haut-Katanga and Lualaba, is at the heart of this dynamic, supplying more than 70% of the world's cobalt.

However, behind the label of "responsible cobalt", three recent civil society reports1 have revealed the human, social and environmental costs of industrial copper and cobalt mines, including toxic water and air pollution, abusive working conditions, and the immense challenge workers and local communities face to access justice.

Although companies have made international commitments and strong Congolese regulations are in place, compensation mechanisms for those harmed by corporate practices remain woefully inadequate. This reality requires a national, regional and international leap forward to turn commitments into action, in accordance with the theme of Forum 2025.

Despite the odds, workers and local communities are courageously launching litigation in DRC and elsewhere to assert their rights against multinational companies. This panel will present both an overview of the violations suffered by these groups and the innovative legal and advocacy strategies they are using to seek remedy.

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About the Session

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This session, “Cobalt, Copper and Corporate Harm: Seeking Justice for Workers and Communities in the DRC,” will take place within the 4th African Business and Human Rights Forum, held in Lusaka under the theme “From Commitment to Action: Advancing Remedy, Reparations, and Responsible Business Conduct in Africa.” It addresses one of the Forum’s central concerns: how to transform commitments
into tangible remedies and reparations for those most affected by corporate misconduct. More specifically, the proposed session will present diverse perspectives and actions addressing labour abuses and pollution caused by industrial mining.
Drawing on different experiences, contexts, and professional backgrounds, the panelists will put forward solutions to the reported issues. All participating organisations have collaborated in the past, which will ensure coherence and fluidity between their contributions.

Building on the relevant multi-level frameworks , the session will pursue several objectives. It will present the findings of recent research documenting labour rights abuses and violations of the right to a clean, healthy, and sustainable environment linked to industrial mining in southern DRC. The session will highlight ongoing judicial and community initiatives carried out by CAJJ and the MUN Law Firm pursuant to Congolese law, which seek justice and reparation for affected workers and communities. In addition, panelists will present judicial avenues available under European and national laws. Therefore, this part of the panel will demonstrate how these initiatives converge across several forums, and how an issue occurring in DRC can be addressed before different jurisdictions. This discussion relates to UNGP Pillar III (access to remedy).

The session will further assess the effectiveness of corporate due diligence mechanisms in the cobalt and coltan supply chains, as evaluated by AFREWATCH and RAID, and examine how these align with UNGP Pillar II (corporate responsibility to respect human rights).

Building on these discussions, the panel will reflect on ways to strengthen cooperation between civil society actors, lawyers, African institutions, and the UN system, while offering concrete recommendations for a just energy transition that fully respects the rights of African communities and workers.

From an advocacy perspective, the session aims to contribute to ongoing reflections on access to justice, reparation and corporate accountability in the mining sector in the DRC. It will focus on two pressing areas of corporate abuse : environmental and community-level harm, and the systematic violations of workers’ rights in industrial mining operations. Beyond documenting harm, the discussion will feed into broader debates on the reform of both national and regional legal frameworks on corporate accountability. By doing so, it will serve as an advocacy level with African governments and UN bodies, including the United Nations Working Group on Business and Human Rights, and reinforce the imperative of moving from commitment to action.

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Key Objectives
 

• Present the high-level findings of recent research on labour rights abuses and violations of the right to a clean, healthy and sustainable environment linked to industrial mining in southern DRC à Corporate watchdog, RAID

• Highlight ongoing judicial and community initiatives to demand justice and reparation, à CAJJ and MUN law firm

• Assessing the effectiveness of due diligence mechanisms in the cobalt/coltan supply chain à AFREWATCH and RAID

• Strengthening cooperation between civil society, lawyers, African institutions and UN à AFREWATCH

• Present relevant legal frameworks à RAID and moderation

• Proposing concrete recommendations for a just energy transition that respects the rights of African communities and workers à moderation

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