The Democratic Republic of Congo has initiated legal action against Apple subsidiaries in both France and Belgium, alleging that the technology giant incorporates conflict minerals into its supply chain, according to legal representatives for the Congolese government who spoke to Reuters.
The DRC is known for being a significant supplier of tin, tantalum, and tungsten—collectively referred to as 3T minerals—that are essential for the production of computers and mobile phones. However, reports from UN experts and human rights organizations indicate that a number of artisanal mines are controlled by armed groups responsible for severe human rights violations, including mass killings and sexual violence.
Apple has stated that it does not directly source primary minerals and claims to conduct audits of its suppliers, publish the results, and support initiatives aimed at improving the traceability of minerals.
In its 2023 conflict minerals report submitted to the US Securities and Exchange Commission, Apple asserted that none of the smelters or refiners handling 3T minerals or gold in its supply chain had financially supported armed groups in the DRC or neighboring nations.
Nonetheless, international attorneys representing the DRC contend that Apple is complicit in crimes occurring in the country by utilizing minerals that have been illegally extracted and subsequently laundered through global supply networks.
The complaints submitted to the Paris prosecutor and a Belgian investigating magistrate on Monday target Apple France, Apple Retail France, and Apple Retail Belgium, accusing these entities of various offenses.
The allegations include concealing war crimes, laundering conflict minerals, handling stolen items, and engaging in deceptive trade practices to mislead consumers about the cleanliness of their supply chains.
The French complaint emphasizes that the Apple group, including its local subsidiaries, is fully aware that its mineral supply chain is rooted in systemic wrongdoing, referencing UN and human rights reports concerning ongoing conflicts in eastern Congo.
Christophe Marchand, a Belgian lawyer representing the DRC, highlighted Belgium’s historical responsibility in the exploitation of Congolese resources since the era of King Leopold II’s colonial rule, asserting that it is crucial for Belgium to assist Congo in using legal channels to combat this ongoing pillage.
The legal actions, prepared under the direction of Congo’s justice minister, allege misconduct not only against the subsidiaries but also against the broader Apple corporate structure.
France and Belgium were chosen for these complaints due to their strong reputations regarding corporate accountability. Authorities in both countries will determine whether further investigation and potential criminal charges are warranted.
In a separate legal matter in March, a US federal court dismissed attempts by private plaintiffs to hold tech companies such as Apple, Google, Tesla, Dell, and Microsoft accountable for their reliance on child labor in Congolese cobalt mines.
Role of Minerals in Conflict
Since the 1990s, the mineral-rich eastern regions of Congo have been torn apart by violent clashes between armed factions, some of which receive support from Rwanda and the Congolese army. The resulting turmoil has led to the deaths of millions of civilians and displacement of large populations.
The struggle for mineral resources is a primary factor driving these conflicts, with armed groups using profits from mineral exports, often smuggled through Rwanda, to finance their activities, according to reports from UN experts and human rights organizations.
Rwanda has denied any involvement in profiting from this illicit trade.
The legal documents filed by Congo include a statement from the US State Department issued in July, which raised concerns about the relationship between the illicit trade of minerals from Congo, particularly tantalum, and the financing of ongoing conflicts.
This statement was a response to inquiries from the private sector regarding potential risks entailed in using minerals sourced from eastern Congo, Rwanda, and Uganda.
Congo’s case particularly addresses the ITSCI program, a monitoring and certification initiative funded by the metals industry, which aims to help firms ensure due diligence regarding their suppliers of 3T minerals from Congo, Rwanda, Burundi, and Uganda.
Congo’s legal representatives claim that ITSCI has lost credibility, including criticism from the Responsible Minerals Initiative (RMI), to which Apple belongs. They argue that Apple misuses ITSCI to misrepresent the integrity of its supply chain.
In 2022, the RMI stated it would remove ITSCI from its list of approved traceability programs, and in July of this year it extended the suspension until at least 2026, citing ITSCI’s failure to provide sufficient field observations from high-risk locations or adequately respond to escalating violence in North Kivu province, a significant area for 3T mining.
ITSCI has since defended its operations in Congo as reliable and has refuted claims made in a 2022 report by Global Witness, which accused it of facilitating the mislabeling of minerals from conflict zones as being sourced from peaceful areas.
Apple’s recent conflict minerals report referenced ITSCI multiple times and highlighted its ongoing involvement with the RMI but failed to mention the RMI’s decision to discontinue support for ITSCI.
The US State Department’s July statement indicated that flaws in traceability programs have not received the necessary attention or engagement to enact the required changes.
Robert Amsterdam, a lawyer based in the US representing the DRC, characterized the complaints filed in France and Belgium as a historic move, marking the first criminal allegations made by the Congolese state against a major technology corporation, calling it a “first salvo.”
© Thomson Reuters 2024
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