Apple hit by Belgian probe into ‘blood minerals’ from Congo

Unlock the Editor’s Digest for free

Roula Khalaf, Editor of the FT, selects her favorite stories in this weekly newspaper.

Belgium has launched a criminal investigation into allegations that Apple knowingly obtained “blood minerals” from the Democratic Republic of Congo, in what lawyers in the central African country called “a massive operation to wash and wash green”.

In December, the DRC filed criminal complaints in Belgium and France against the facilities of the US technology group, which it alleges used minerals supplied by armed groups that commit atrocities in eastern Congo.

Lawyers working for the DRC said Belgian prosecutors last week appointed an investigative judge – who oversees investigations and is responsible for issuing arrest warrants, wiretaps and raids – to review the case. They were still waiting for a decision from France, where the process was slow.

“This is the first step that shows that the prosecution takes the case very seriously,” said Christophe Marchand, the lawyer who prepared the case in Belgium, which colonized Congo with disastrous results in the early 20th century. of age.

The Brussels prosecutor’s office did not respond to a request for comment. apple declined to comment for this story. It previously said it “vehemently denied” the allegations and was “seriously committed to sourcing responsible minerals” such as coltan, a key mineral used in iPhones and other electronics, which more than half of the world’s capital is in the Congo.

The criminal complaint alleges that Apple buys tantalum, an ore derived from coltan, as well as tin, tungsten and gold — so-called 3TG minerals — from mines whose profits fueled the war in eastern DRC and fueled child labor and environmental degradation. Millions of people have been displaced from their homes in a war where rape and killing of civilians is common.

Most of the minerals have been certified as coming from mines in conflict-free areas or from Rwanda. But the complaint alleges that the so-called “bag and load” certification process that Apple and other electronics giants rely on is seriously flawed and that the minerals labeled as coming from Rwanda, in fact, they come from mines in the Congo.

“There is no technology company in the world that does not know that everything bought in Rwanda is guaranteed to be 90% Congolese,” said Robert Amsterdam, whose law firm represents the DRC , he told the Financial Times.

To a report This month, the UN said that Rwandan-backed rebels in eastern DRC had “treacherously shipped” at least 150 tonnes of coltan to Rwanda last year, leading to what it called “massive pollution”. ” of the mineral supply chain in the region.

The M23 rebels – which the UN, US, EU and Congo say are backed by Rwanda – the report said, had control over several key mines, “creating a uniform system that controls mining activities, trade, transport and mining tax”.

Kigali has always refused to support the M23 rebels or to benefit from what Kinshasa says is $1bn a year in lost mineral resources.

In a March 2024 filing with the Securities and Exchange Commission, Apple said: “We found no reasonable basis to conclude that any of 3TG’s smelters or refiners intended to be in our series of supply .. that directly or indirectly funded armed groups in the DRC.”

But in December, Apple said it was concerned that “it is no longer possible for independent auditors or industry certification processes to do the due diligence necessary to meet our high standards” and notified its suppliers to stop receiving 3TG metals from DRC or Rwanda. .

Amsterdam marked the new funding decision as a smoking gun. “It’s an admission that supply chains are infested with fake minerals,” he said.

Apple has sought to increase the use of recycled minerals in its products, saying it aims to produce 100 percent cobalt for batteries this year.

Separately, lawyers working for the DRC sought to draw the EU into the fight against Apple by sending a letter to Ursula von der Leyen, president of the European Commission, referring to the “bloc” agreement with Rwanda, signed in January the previous one. a steady supply of essential minerals.

“The EU has signed an MOU with Rwanda on developing their 3TG mineral programs as anyone with a high school education knows Rwanda has no minerals,” said Amsterdam. “It’s not just Apple but the EU itself that is dealing with this scam.”

A spokesperson for the Commission said it is “firmly committed to ensuring the transparency and traceability of the most important instruments at the bilateral and international level”.

One of the important objectives of its agreement with Rwanda was to “strengthen the fight against the illegal trade of minerals”, they added.