Apple is currently under criminal investigation by the Democratic Republic of Congo (DRC), which alleges that the company has been unlawfully sourcing conflict minerals, commonly referred to as “blood minerals.” These minerals are obtained from illegal operations that utilize child labor and fund weapons for violent conflicts.
The charges have been lodged in Belgium and France, both of which have established judicial systems for holding corporations accountable. Update: An investigation has now been initiated in Belgium – see the conclusion of this article …
Apple and Conflict Minerals
The primary minerals linked to human rights violations include tin, tantalum, tungsten – collectively labeled as 3T – along with gold. The acronym 3TG encompasses all four of these metals.
Though Apple does not directly purchase these minerals, they are acquired further along the supply chain by manufacturers producing components sold to the tech giant. Nevertheless, Apple conducts audits aimed at ensuring its supply chain remains free from these issues.
For instance, in 2019, Apple instructed its suppliers to eliminate five smelters and refiners that failed to pass the audit, noting no concerns about the other suppliers.
Evidence Delivered to Tim Cook in April
International attorneys representing the DRC claim to have provided Apple with evidence earlier this year revealing that the company’s supply chain might still include conflict minerals.
On April 22, lawyers for Congo informed Apple CEO Tim Cook about several concerns regarding its supply chain and reached out to Apple subsidiaries in France for answers within three weeks. The Amsterdam & Partners LLP firm has been investigating claims that minerals from Congo, obtained by various companies and armed groups, are being smuggled through Rwanda, Uganda, and Burundi.
While Apple did not publicly address these concerns at that time, last year, it assured the US Securities and Exchange Commission that none of the smelters or refiners in its 3TG supply chain utilized conflict minerals.
Criminal Complaints Filed
Reuters reports that the DRC has now initiated criminal complaints in both France and Belgium.
Lawyers representing Congo argue that Apple is using minerals stolen from Congo and laundered through global supply chains, which they claim makes the company complicit in the crimes occurring in Congo.
In parallel complaints submitted to the Paris prosecutor’s office and a Belgian investigating magistrate’s office, Congo accuses local subsidiaries Apple France, Apple Retail France, and Apple Retail Belgium of multiple offenses, including concealing war crimes, laundering tainted minerals, handling stolen goods, and misleading consumers regarding the cleanliness of supply chains.
Courts in both nations will now evaluate the evidence to determine if criminal charges are justified.
Belgium Initiates an Investigation
The DRC informed the Financial Times that Belgian prosecutors have launched an investigation.
Attorneys for the DRC stated that Belgian prosecutors appointed an investigative judge last week to supervise the inquiry, which includes issuing arrest warrants, wiretaps, and conducting raids. They are still awaiting progress from France, where the process is slower.
“This initial step indicates that the prosecutor takes the case very seriously,” remarked Christophe Marchand, the attorney who prepared the case in Belgium, which has a historical context of colonization in Congo with severe repercussions in the early 20th century.
Photo of mining vehicle by Arno van Rensburg on Unsplash
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