Apple is facing criminal complaints by the Democratic Republic of Congo (DRC), which accuses the company of illegally using conflict minerals, also known as “blood minerals.” The terms refer to minerals sourced from illegal sources who employ child labor and use the proceeds to buy weapons for armed conflicts.
The charges have been filed in Belgium and France because those countries have a strong judicial record in corporate accountability cases …
Apple and conflict minerals
The main minerals associated with human rights abuses are tin, tantalum, and tungsten – collectively known a 3T – and gold. The term 3TG is used to encompass all four of the metals.
Apple does not directly purchase minerals; these are bought further down the supply chain, by companies using them to manufacture components later sold to the iPhone maker. However, the company does commission audits intended to ensure that its supply-chain is free from the problem.
Back in 2019, for example, Apple instructed its suppliers to exclude five smelters and refiners who failed to pass this audit. The company said it had no concerns about the remaining companies.
Evidence sent to Tim Cook in April
International lawyers representing the government of the DRC say that they passed evidence to Apple earlier this year, showing that the company’s supply chain could still include conflict minerals.
Congo’s lawyers notified Apple CEO Tim Cook on April 22 of a series of concerns about its supply chain, and also wrote to Apple subsidiaries in France, demanding answers within three weeks. The Amsterdam & Partners LLP law firm has been investigating allegations that minerals mined in Congo by several companies and armed groups are being smuggled out through Rwanda, Uganda and Burundi.
The Cupertino company did not comment publicly on this at the time, but last year told the US Securities and Exchange Commission that none of the smelters or refiners in its 3TG supply chain used conflict minerals.
Criminal complaints now filed
Reuters reports that the DRC has now filed criminal complaints in both France and Belgium.
International lawyers representing Congo argue that Apple uses minerals pillaged from Congo and laundered through international supply chains, which they say renders the firm complicit in crimes taking place in Congo.
In parallel complaints filed to the Paris prosecutor’s office and to a Belgian investigating magistrate’s office on Monday, Congo accuses local subsidiaries Apple France, Apple Retail France and Apple Retail Belgium of a range of offences.
These include covering up war crimes and the laundering of tainted minerals, handling stolen goods, and carrying out deceptive commercial practices to assure consumers supply chains are clean.
Courts in both countries will now assess the evidence and decide whether criminal charges are warranted.
Stock photo of mining vehicle by Arno van Rensburg on Unsplash
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