Conflict minerals: Belgium investigates Apple

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Is Apple profiting from “massive laundering” of minerals that finance terrible crimes? This is the accusation made by the Democratic Republic of Congo. In December, it filed criminal charges against Apple in France and Belgium over the alleged conflict minerals. The public prosecutor's office in the kingdom has now commissioned an investigating judge.

He is to get to the bottom of the allegations, which Apple denies. The investigating judge can issue search and wiretap warrants, seize evidence and question witnesses. He can also hear Apple, but without any obligation to tell the truth. Depending on his findings, the investigating judge will recommend that charges be brought or that the case be closed. In France, the decision to open an official investigation is still pending.

“This is the first step, which shows that the public prosecutor's office is taking the case very seriously,” the Financial Times quotes Christophe Marchand, a Belgian lawyer working on behalf of the DR account. His complaint accuses Apple of knowingly laundering gold, tantalum, tungsten and tin, which were illegally and violently looted in the DR Congo, through international supply chains. Apple also misled consumers by claiming that its sources of raw materials were clean. The minerals illegally procured from the DR Congo were used in iPhones and computers. Tantalum is needed for capacitors, and the majority of the world's reserves are believed to be in the DR Congo.

Apple denies

Apple has denied the allegations. According to the company, it regularly audits its suppliers. Apple has also published audits and supported organizations that are committed to improving the traceability of raw materials. However, one of these organizations, the Responsible Minerals Initiative, discredited a traceability system used by Apple called TSCI (International Tin Supply Chain Initiative) and removed it from the list of accepted procedures in 2022. In general, Apple says it is striving for more recycling to reduce the risk of conflict minerals.

In the east of the DR account, several armed insurgent groups are fighting for power. Looting, rape and murder are the order of the day. According to the United Nations, some perpetrators are supported by the government of neighboring Rwanda, not only financially but also with troops. They are being fought by the armed forces of the DR Congo and Uganda. UN peacekeeping forces (MONUSCO) have also been trying to ensure stability in part of the region since 1999.

The theft of the valuable metals is financing the uprising. Large quantities of the ore are transported across the border to Rwanda and then sold under false declarations of origin. The DR Congo complains of considerable loss of revenue. A ceasefire with Rwanda has failed, according to a recent United Nations report.

Apple changes orders

The DR Congo has already scored one success for itself: following the reimbursement of advertisements in France and Belgium, Apple has announced that it will no longer purchase minerals bearing the DR Congo or Rwanda as a designation of origin. The decision is said to have been made at the beginning of 2024, as Apple feared that the verification of origin might no longer be possible considering the significantly deteriorating security situation. Although the representatives of the Congo were pleased, they were skeptical whether Apple's suppliers would actually follow its official order.

In general, Apple's new course could not change the past. “Apple has become a three trillion dollar company, in part, by using conflict minerals in its devices. The crimes Apple is accused of must be investigated by the French and Belgian judiciaries, and there will have to be compensation for each crime committed,” said the coordinating US law firm Amsterdam & Partners in December. They also criticized the fact that Apple had not provided any substantial answers to their questions prior to the criminal charges.

The lawyers are also trying to exert pressure on the EU Commission. Last February, the EU agreed with Rwanda to promote “sustainable and resilient value chains for critical raw materials” in the African country. This infuriates the DR Congo, as every secondary school pupil knows that Rwanda does not even have the raw materials. The EU Commission defends the agreement by saying it wants to combat mineral smuggling.

Colonial rule

The Democratic Republic of the Congo was a Belgian colony until 1960 and the private property of the Belgian king from 1885 to 1908. The country has had various names throughout its history, including Zaïre. The DR Congo has more than 100 million inhabitants. The capital is called Kinshasa and is located on the Congo River.

Opposite, on the other bank of the river, is Brazzaville, the capital of the Republic of Congo (also known as Congo-Brazzaville). With a population of just over six million, this much smaller country was a French colony until 1960. From 1911 to 1916, part of this country was part of the German colony of New Cameroon. From 1885 until the end of the First World War, Rwanda was part of the colony of German East Africa, then a Belgian trust territory until 1962.

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