Expressing concern over the prevalence of hazardous working conditions for children, especially the worst forms of child labor in the mining of cobalt and other minerals in the Democratic Republic of the Congo.

IV 116TH CONGRESS 1ST SESSION H. RES. 531 Expressing concern over the prevalence of hazardous working conditions for children, especially the worst forms of child labor in the mining of cobalt and other minerals in the Democratic Republic of the Congo. IN THE HOUSE OF REPRESENTATIVES JULY 30, 2019 Mr. CASTRO of Texas (for himself and Mr. FORTENBERRY) submitted the fol- lowing resolution; which was referred to the Committee on Foreign Af- fairs, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned RESOLUTION Expressing concern over the prevalence of hazardous working conditions for children, especially the worst forms of child labor in the mining of cobalt and other minerals in the Democratic Republic of the Congo. Whereas the Department of Labor has reported that the worst forms of child labor have been exploited in the ex- traction and processing of cobalt ore in the Democratic Republic of the Congo (DRC) and these activities are in violation of international standards; Whereas the United Nations Children’s Fund (UNICEF) es- timated that 40,000 children work in mines in the former VerDate Sep 11 2014 22:47 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR531.IH HR531 kjohnson on DSK79L0C42 with BILLS 2 •HRES 531 IH Province of Katanga, DRC, including in the cobalt sec- tor; Whereas the DRC continues to be the world’s leading source of mined cobalt, supplying more than 64 percent of global cobalt production in 2018; Whereas for their economic survival, families often encourage children to work, including in the mining sector; Whereas cobalt is a strategic and critical mineral used in nu- merous diverse commercial, industrial, and military appli- cations, for which demand is growing; Whereas Amnesty International found major electronics and electric vehicle companies are still not doing enough to stop human rights abuses entering their cobalt supply chains; Whereas key stakeholders, especially industry groups, trade associations, and private companies, have an individual responsibility to identify, prevent, and take action to halt hazardous and working conditions in their cobalt supply chains, and to conduct due diligence with the aim of re- ducing child labor and improving working conditions in artisanal mines and in the broader cobalt supply chain, thereby respecting human rights, avoiding contributions to conflict, and advancing sustainable development; Whereas, in August 2017, the Government of the DRC issued a strategy on child labor in which it pledged to end child mining by 2025; and Whereas countries and companies that utilize cobalt have a responsibility to work with the Government of the DRC and actors in their supply chains to support actions to raise awareness, build enforcement capacity, and improve monitoring and remediation at the national, provincial, VerDate Sep 11 2014 22:47 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HR531.IH HR531 kjohnson on DSK79L0C42 with BILLS 3 •HRES 531 IH and local levels with the aim of enhancing the capacity of private and public sector entities to eliminate the worst forms of child mining by 2025 and preventing the extrac- tion, supply, and trade of minerals from exploiting chil- dren or contributing to other human rights abuses: Now, therefore, be it Resolved, That the House of Representatives— 1 (1) expresses concern over the prevalence of the 2 hazardous, and especially the worst forms of, child 3 labor in the mining of cobalt and other minerals in 4 the Democratic Republic of the Congo (DRC); 5 (2) urges the Secretary of State, the Adminis- 6 trator of the United States Agency for International 7 Development, and the Secretary of Labor to identify, 8 assess, and evaluate the United States commercial 9 recipients of cobalt derived through child labor and 10 for-profit or nonprofit entities that benefit indirectly 11 or directly from the commercial use or trade of such 12 cobalt; 13 (3) calls on the Secretary of State, the Admin- 14 istrator of the United States Agency for Inter- 15 national Development, and the Secretary of Labor to 16 coordinate with key stakeholders, particularly indus- 17 tries which utilize or trade in cobalt, and engage pri- 18 vate multinational corporations, multilateral organi- 19 zations, and the nongovernmental organization com- 20 munity to jointly establish an entity or other asso- 21 VerDate Sep 11 2014 22:47 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HR531.IH HR531 kjohnson on DSK79L0C42 with BILLS 4 •HRES 531 IH ciation with the Government of the DRC, such as 1 the Public-Private Alliance for Responsible Minerals 2 Trade, to partner in developing and implementing 3 plans to reduce child labor and improve working 4 conditions in cobalt mining in the DRC; 5 (4) calls on the Secretary of State, the Admin- 6 istrator of the United States Agency for Inter- 7 national Development, and the Secretary of Labor to 8 develop a strategy and action plan, such as in the 9 Harkin-Engel Protocol for the Growing and Proc- 10 essing of Cocoa Beans, in partnership with the Gov- 11 ernment of the DRC and the entity or other associa- 12 tion outlined above in paragraph (3) to take steps to 13 end the worst forms of child labor in cobalt mining 14 by 2025 by— 15 (A) removing child labor in the extraction 16 of cobalt, including in artisanal and small-scale 17 mining, and replacing exploitive artisanal min- 18 ing with other forms of sustainable, productive 19 economic activity to address local needs and 20 support their reintegration into their commu- 21 nity; 22 (B) ensuring that no minerals, including 23 cobalt, that are produced with the use of the 24 worst forms of child labor, in whole or in part, 25 VerDate Sep 11 2014 22:47 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HR531.IH HR531 kjohnson on DSK79L0C42 with BILLS 5 •HRES 531 IH are utilized in any aspect of any company’s 1 business operations, products, or supply chain, 2 and mitigating and eliminating the presence of 3 any child-labor-linked minerals that companies 4 detect in their supply chains or business oper- 5 ations; 6 (C) conducting due diligence on the source 7 and custody of such cobalt, in accordance with 8 the 5-step due diligence process outlined in the 9 Organization for Economic Co-operation and 10 Development’s Due Diligence Guidance for Re- 11 sponsible Supply Chains of Minerals from Con- 12 flict-Affected and High-Risk Areas; 13 (D) recommending actions to ensure that 14 sources of cobalt are compliant with restrictions 15 on the worst forms of child labor laws; 16 (E) ensuring that efforts to end child par- 17 ticipation in cobalt mining are properly devel- 18 oped, robust, fully implemented, and monitored, 19 and that training is provided to those respon- 20 sible for executing these activities and to those 21 enforcing labor laws in mining areas for the 22 Government of the DRC; 23 (F) supporting the entity or other associa- 24 tion outlined above in paragraph (3) in 25 VerDate Sep 11 2014 22:47 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\HR531.IH HR531 kjohnson on DSK79L0C42 with BILLS 6 •HRES 531 IH partnering with the Government of the DRC to 1 create a public-private system for routine in- 2 spections of artisanal mines; 3 (G) reporting to government regulatory or 4 law enforcement authorities, as applicable, all 5 cases, instances, or information indicating a 6 reasonable risk of linkages between child labor 7 and the production, sale, or use of minerals; 8 and 9 (H) making publicly available findings 10 based on a joint assessment of the Government 11 of the DRC and third-party organizations out- 12 lined in this paragraph; and 13 (5) encourages the United States Trade Rep- 14 resentative to assess developments in the cobalt and 15 other extractive sectors of the DRC when conducting 16 annual reviews mandated under the Africa Growth 17 and Opportunity Act and the Generalized System of 18 Preferences (GSP) program. 19 Æ VerDate Sep 11 2014 22:47 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\HR531.IH HR531 kjohnson on DSK79L0C42 with BILLS