Belgium launches criminal probe into Apple’s alleged use of conflict minerals

Belgium has opened a criminal investigation into allegations that Apple knowingly sourced ‘blood minerals’ from the Democratic Republic of Congo (DRC). The case, brought forward by lawyers representing the DRC, accuses the US tech giant of enabling a ‘massive laundering and greenwashing operation’ within its supply chain.

In December 2023, the DRC filed criminal complaints in Belgium and France against Apple subsidiaries. The claims centre on the alleged use of minerals, such as coltan, tantalum, tin, tungsten, and gold (collectively known as 3TG minerals), extracted from mines controlled by armed groups committing atrocities in eastern Congo. 

Belgium has appointed an investigative judge to oversee the case, a significant step in the legal process, according to Christophe Marchand, a lawyer for the DRC. Meanwhile, French authorities are yet to decide whether to pursue a similar investigation.

Apple has strongly denied the accusations, stating it is “deeply committed to responsible sourcing of minerals.” The company emphasised that it relies on rigorous certification processes to ensure its supply chains meet ethical standards. 

In its March 2024 filing with the US Securities and Exchange Commission, Apple reported finding “no reasonable basis” to conclude its suppliers directly or indirectly funded armed groups in the DRC. However, in June 2024, Apple instructed its suppliers to suspend sourcing 3TG minerals from both the DRC and Rwanda, citing concerns about compromised certification processes.

Lawyer Robert Amsterdam, representing the DRC, characterised this decision as an admission of flaws in the supply chain. “It’s an acknowledgment that the supply chains are basically infiltrated with bogus minerals,” he said.

A recent UN report revealed that Rwandan-backed rebel groups in eastern Congo fraudulently exported over 150 metric tonnes of coltan to Rwanda in 2023. The M23 rebel group, widely accused of receiving support from Rwanda, has reportedly taken control of key mining operations in the DRC. 

According to the UN, these groups run a “parallel administration” that regulates mining, trade, transport, and taxation, fuelling further conflict in the region. Rwanda has consistently denied supporting the rebels or profiting from smuggled minerals. 

The DRC’s criminal complaint alleges that Apple benefits from minerals labelled as “conflict-free” through a flawed certification process known as “bagging and tagging.” The process reportedly disguises Congolese minerals as originating from neighbouring Rwanda. 

“There is no tech company on Earth that doesn’t know that everything purchased from Rwanda is 90 per cent sure to be Congolese,” said Robert Amsterdam. 

Apple has committed to improving its supply chain sustainability, aiming to use 100 per cent recycled cobalt in its products by the end of 2024. However, critics argue these measures fail to address the deeper issues of conflict minerals. 

The DRC has also criticised the European Union’s agreement with Rwanda on sustainable mineral sourcing, calling it a “farce.” In a letter to EU Commission President Ursula von der Leyen, lawyers for the DRC argued that the agreement legitimises the illegal trade of Congolese minerals. 

A spokesperson for the European Commission defended the agreement, stating it aims to enhance transparency and combat illegal mineral trafficking. 

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