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Belgium has opened a criminal investigation into allegations that Apple knowingly sourced “blood minerals” from the Democratic Republic of Congo, in what lawyers for the Central African country have called a “massive money laundering and greening operation.”
In December, the Democratic Republic of Congo launched criminal proceedings in Belgium and France against subsidiaries of the U.S. technology group, accusing them of using minerals supplied by armed groups that have committed atrocities in eastern Congo.
Lawyers for the Democratic Republic of Congo said Belgian prosecutors last week appointed an investigative judge to look into the case, who oversees the probe and is responsible for issuing arrest warrants, wiretaps and raids. They are still awaiting a decision from France, which has a slower process.
“This is a first step and shows that prosecutors are taking this case very seriously,” said Christophe Marchand, a lawyer in Belgium who prepared the case. consequences.
The Brussels prosecutor’s office did not respond to a request for comment. Apple declined to comment for this story. The company has previously said it “strongly refutes” the claims and is “firmly committed to responsibly sourcing minerals” such as coltan, a key mineral used in half of the world’s iPhones and other electronics. The above mineral deposits are located in Congo.
The criminal complaint alleges that Apple purchased tantalum, an ore derived from coltan, as well as tin, tungsten and gold, the so-called 3TG minerals, from mines whose profits fueled the war in eastern Democratic Republic of Congo. , and leads to child labor and environmental degradation. Millions of people have been displaced by the fighting, and rapes and killings of civilians are common.
Many minerals are certified to come from conflict-free areas or mines in Rwanda. But the complaint alleges that the so-called “bag and label” certification process relied on by Apple and other electronics giants is deeply flawed, with minerals labeled as coming from Rwanda actually coming from Congolese mines.
“There is not a technology company on the planet that does not know that 90% of all products purchased from Rwanda are certainly Congolese,” Robert Amsterdam, a law firm representing the Democratic Republic of Congo, told the Financial Times.
Rwandan-backed rebels in eastern Democratic Republic of Congo “deceptively exported” at least 150 tonnes of coltan to Rwanda last year, the United Nations said in a report this month, causing the region’s mineral supply chain to suffer its worst ever crisis. “maximum pollution”.
The report said the M23 rebels – which the United Nations, the United States, the European Union and Congo say are supported by Rwanda – took control of many of the most important mines and “established a parallel government that controls mining activities, trade, transport and Mineral tax”. Minerals produced”.
Kigali has always denied supporting the M23 rebels or benefiting from Kinshasa’s claims of $1 billion in annual losses from smuggled minerals.
Apple said in a March 2024 filing with the U.S. Securities and Exchange Commission: “We have found no reasonable basis to conclude that any 3TG smelters or refineries are part of our supply chain…”. . Directly or indirectly finance or benefit armed groups in the Democratic Republic of the Congo.
But in December last year, Apple expressed concerns that “it is no longer possible for independent auditors or industry certification mechanisms to conduct the due diligence required to meet our high standards” and notified its suppliers to suspend the purchase of 3TG metals from the Democratic Republic of Congo or Rwanda.
Amsterdam described the new procurement decision as a smoking gun. “This is an admission that the supply chain is essentially infiltrated by fake minerals,” he said.
Apple has been looking to increase the use of recycled minerals in its products and has said it aims to source 100% recycled cobalt for batteries by this year.
Separately, lawyers representing the Democratic Republic of Congo have written to European Commission President Ursula von der Leyen in an attempt to draw the EU into targeting Apple by describing last February’s agreement with Rwanda as a “farce.” in the struggle.
“The EU has signed a memorandum of understanding with Rwanda to develop the 3TG mineral project, which anyone with a high school education knows does not exist in Rwanda,” Amsterdam said. “Not just Apple, but the EU itself. Making this kind of sophistry.”
A spokesman for the committee said it was “seriously committed to ensuring transparency and traceability of critical raw materials at bilateral and transnational levels”.
They added that one of the main objectives of its agreement with Rwanda is to “strengthen the fight against illegal mineral trafficking”.
