Apple is facing criminal complaints from the Democratic Republic of Congo (DRC), which accuses the company of illegally using conflict minerals, also known as “blood minerals.” These terms refer to minerals obtained from illegal sources that use child labor and use the proceeds to buy weapons for armed conflict.
The charges were filed in Belgium and France, as these countries have a strong legal history in corporate liability cases.”
Apple and Conflict Minerals
The main minerals linked to human rights abuses are tin, tantalum, and tungsten — known collectively as the 3Ts — and gold. The term 3TG is used to refer to all four metals.
Apple does not purchase the minerals directly; they are purchased further up the supply chain by companies that use them to make components that are then sold to the iPhone maker. However, the company conducts audits to ensure that its supply chain is free of the issue.
For example, back in 2019, Apple instructed its suppliers to exclude five smelters and refineries that had failed the audit. The company said it had no concerns about the remaining companies.
Evidence sent to Tim Cook in April
International lawyers representing the DRC government say they provided Apple with evidence earlier this year showing that the company's supply chain may still include conflict minerals.
Congolese lawyers on April 22 notified Apple CEO Tim Cook of a series of issues with his supply chain and also wrote to Apple subsidiaries in France demanding responses within three weeks. Amsterdam & Law firm Partners LLP investigated allegations that minerals mined in Congo by several companies and armed groups were being smuggled through Rwanda, Uganda and Burundi.
The Cupertino company did not comment publicly at the time, but last year it told the U.S. Securities and Exchange Commission that none of the smelters or refineries in its 3TG supply chain used conflict minerals.
Criminal complaints now filed
Reuters reports that the DRC has already filed criminal complaints in France and Belgium.
International lawyers representing Congo allege that Apple is using minerals looted in Congo and laundered through international supply chains, which they say makes the firm complicit in crimes taking place in Congo.
In parallel complaints filed with the Paris prosecutor's office and the Belgian investigative agency on Monday, Congo accuses local subsidiaries Apple France, Apple Retail France and Apple Retail Belgium of a range of crimes.
These include covering up war crimes and laundering tainted minerals, trafficking in stolen goods and engaging in deceptive commercial practices to ensure the integrity of consumer supply chains.
Courts in both countries will now assess the evidence and decide whether criminal charges are warranted.
Photo of mining vehicle by Arnoud van Rensburg on Unsplash
