The Democratic Republic of Congo (DRC or Congo), endowed with immense mineral wealth, has initiated criminal proceedings against tech giant Apple. The complaints, filed in France and Belgium against Apple’s subsidiaries in the regions, accuse Apple of complicity in crimes related to using conflict minerals. This case highlights critical questions about corporate accountability in global supply chains and the ethical responsibilities of multinational corporations.
The DRC’s scrutiny of Apple began in September 2023 when President Felix Tshisekedi met with lawyers from Amsterdam & Partners LLP in Kinshasa, Congo’s capital. He directed the firm to investigate the supply chain of 3T minerals (tin, tungsten, and tantalum) illegally exported from Congolese territory.
In April 2024, the lawyers contacted Apple CEO Tim Cook, alleging the company’s supply chain might be linked to “blood minerals pillaged from the DRC” as reported by Al Jazeera. They also notified Apple’s French subsidiaries but have said that they received no response for months.
Apple has strongly denied the allegations. In a media statement released in December 2024, Apple said: “As conflict in the region escalated earlier this year we notified our suppliers that their smelters and refiners must suspend sourcing tin, tantalum, tungsten and gold from the DRC and Rwanda.
We took this action because we were concerned it was no longer possible for independent auditors or industry certification mechanisms to perform the due diligence required to meet our high standards.”
Apple explained that the decision was prompted by concerns over the inability of independent auditors and industry certification mechanisms to conduct the due diligence required to meet its high standards. The company also emphasized that the minerals used in its devices are recycled.
The lawyers representing the DRC have said Apple’s statements are “satisfactory” but need to be verified on the ground.
Technology, Conflict Minerals and Ethical Responsibilities
Conflict minerals—tin, tantalum, tungsten, and gold (3TG minerals)—are essential components in electronic devices, defined by The Organisation for Economic Co-operation and Development (OECD) as those sourced from conflict-affected and high-risk areas.
The DRC, a major global supplier, has long struggled with the negative consequences of their extraction and trade. Lawyers representing the Central African country claimed in a recent statement that Apple’s subsidiaries in Europe are using conflict minerals sourced in sub-Saharan Africa and accused the company of “using deceptive commercial practices to assure consumers that the tech giant’s supply chains are clean.”
According to the US Government Accountability Office (GAO), the eastern part of the DRC is one of the world’s most significant sources of these 3TGs. However, for over 30 years, this region has been ravaged by conflict, with at least 200 armed groups vying for control of the mines.
Alex Kopp, a senior campaigner at the Global Witness NGO’s transition minerals team, explains that these rebels not only occupy mines but also dominate trading routes. “They [rebels] force the workers in the mines to work for free for a day per week and illegally smuggle the minerals through places like Rwanda and Uganda. The minerals then get exported legally and may end up in the supply chains of big electronic and tech companies,” Kopp told Al Jazeera.
One such armed group, the Rwandan-backed M23 is believed to control coltan production in the Rubaya area of the DRC. This region supplies about 15% of the world’s tantalum, a 3TG metal derived from coltan, as reported by Al Jazeera.
These minerals often enter international supply chains under the guise of legality, enabling their use in the production of consumer electronics. UN reports and NGOs like Global Witness have repeatedly highlighted the link between the trade in conflict minerals and the financing of armed groups responsible for mass atrocities, including massacres, sexual violence, and the displacement of millions of civilians.
Weak governance worsens the exploitation of the DRC's resources. Local authorities frequently neglect effective regulation of mining activities and, in some cases, are accused of complicity in the illegal trade. A 2022 report by UN experts states that “Local government officials have been found to facilitate the smuggling of conflict minerals by providing documentation that misrepresents their origins. This enables armed groups to profit indirectly from the trade.”
Further, an independent expert on conflict minerals, Christoper N Vogel has asserted that "In certain areas, the lines between state officials and rebel groups blur. Both operate within a system that thrives on exploitation and thrives in the absence of accountability," to Reuters. It is a predatory system in which those who benefit from the continued conflict seek to maintain instability to ensure uninterrupted access to valuable resources.
The same broken system further allows for rampant human rights violations. Child labor and modern slavery are also rampant in the DRC’s mining sector. Reports from several human rights organizations like Human Rights Watch (HRW), Amnesty International and Global Witness reveal that thousands of children, some as young as seven, are forced to work in hazardous conditions in mines.
These children often spend long hours digging for minerals without adequate safety equipment, risking their health and lives. They are frequently subjected to physical abuse and are paid meager wages or nothing at all. Forced labor and debt bondage are also prevalent, with families coerced into working for armed groups that control the mines.
In addition to human rights abuses, the extraction of conflict minerals has also caused significant environmental damage. Artisanal mining, which refers to small-scale, manual mining operations often conducted by individuals or small groups with limited technology, is a common practice in the DRC. These operations are typically informal and lack the environmental safeguards seen in regulated industrial mining, leading to widespread deforestation, soil erosion, and the contamination of water sources with toxic chemicals such as mercury and cyanide.
These practices devastate local ecosystems and pose serious health risks to nearby communities. Efforts to rehabilitate these areas are minimal and underfunded, leaving behind a legacy of environmental degradation that perpetuates poverty and displacement.
Currently, the framework for environmental rehabilitation is fragmented. The DRC government has policies, such as the 2002 Mining Code, which mandates environmental restoration as part of mining permits, but enforcement is weak due to corruption, resource constraints, and the informal nature of artisanal mining.
Without a cohesive and enforceable framework for environmental rehabilitation, the cycle of ecological destruction and community displacement has continued, undermining both environmental and human rights progress in the DRC.
The Allegations Apple Faces
The choice to file complaints in France and Belgium is also significant. Both countries emphasize corporate accountability, and Belgium’s historical ties to the DRC add a moral dimension to the case. During colonial rule (1885-1909) under King Leopold II, Belgium exploited the DRC’s resources, leaving a legacy of economic and social turmoil. Christophe Marchand, a lawyer representing the DRC, highlighted Belgium’s obligation to support efforts to end resource pillaging.
The DRC’s legal action, led by international lawyers, alleges that Apple’s supply chain is tainted by minerals sourced from conflict-affected areas. The complaints claim that Apple’s local subsidiaries in France and Belgium have committed offenses such as covering up war crimes, laundering tainted minerals, handling stolen goods, and engaging in deceptive commercial practices. According to the DRC, Apple relies on certification schemes that fail to prevent the flow of conflict minerals into its supply chain.
"It is clear that the Apple Group, Apple France, and Apple Retail France know very well that their minerals supply chain relies on systemic wrongdoing," states the French complaint, citing reports from the UN, HRW, Amnesty International and other human rights organizations.
Apple maintains that it does not directly source raw materials and audits its suppliers to ensure compliance with ethical standards. In its 2023 filing to the US Securities and Exchange Commission, Apple stated that none of its suppliers’ smelters or refiners had financed or benefited armed groups in the DRC or neighboring countries. The company also funds initiatives to improve mineral traceability and is an active Responsible Minerals Initiative (RMI) member.
However, the DRC’s lawyers argue that Apple uses minerals laundered through international supply chains. They point to Apple’s reliance on the International Tin Supply Chain Initiative (ITSCI), a certification scheme criticized by numerous human rights organisations including HRW, Amnesty International and Global Witness, for its ineffectiveness in preventing the inclusion of conflict minerals. The RMI, of which Apple is a member, removed ITSCI from its list of approved traceability schemes in 2022.
Legal and Industry Implications
The DRC’s legal complaints are a landmark development, marking the first time the Congolese state has pursued criminal action against a major tech company. Judicial authorities in France and Belgium will decide whether to investigate the complaints further and the case could set a precedent for holding corporations accountable for their supply chain practices.
If investigations proceed, it could lead to stricter regulatory oversight in the European Union (EU) and beyond. International law regarding the ethical sourcing of 3TGs primarily operates through a mix of voluntary standards, regional regulations, and soft law principles, rather than binding global agreements.
The OECD Due Diligence Guidance serves as a widely adopted framework, providing companies with guidelines to identify and mitigate supply chain risks, though it lacks enforcement mechanisms.
Regional laws, such as the EU Conflict Minerals Regulation and the Dodd-Frank Act in the US, impose stricter due diligence requirements but are often criticized for narrow scopes and unintended economic consequences, such as deterring engagement with conflict-affected regions. Complementing these are global initiatives like the UN Guiding Principles on Business and Human Rights, which emphasize corporate responsibility but fall short of legally binding commitments.
The case brings into question the effectiveness of voluntary industry standards, which, while providing some level of oversight, are often criticized for lacking strong enforcement mechanisms. NGOs and watchdogs argue that these frameworks often lack enforcement mechanisms, making it easy for companies to evade accountability. Strengthening international laws to hold corporations accountable for supply chain violations could lead to a significant shift in industry norms.
In a related development, a US federal court in March 2023 dismissed a lawsuit against Apple, Google, Tesla, Dell, and Microsoft over alleged dependence on child labor in Congolese cobalt mines. While separate from the current complaints, this case highlights the broader issue of accountability in the tech industry’s supply chains. Legal experts suggest that increased litigation may drive more robust legislation aimed at addressing human rights violations in global supply chains.
Cases like this may also encourage other regions to adopt similar policies and enforce existing ones more rigorously. A successful prosecution might also compel companies to adopt more transparent practices and reevaluate their reliance on third-party certifications.
The rising global demand for 3TG minerals, driven by the proliferation of consumer electronics, has brought issues of ethical sourcing and corporate accountability into sharp focus. The DRC’s lawsuit against Apple is a critical step in confronting the systemic injustices perpetrated and perpetuated by the conflict minerals trade.
Beyond legal ramifications, this case has the potential to catalyze a broader conversation about the responsibilities of multinational corporations in ensuring that their supply chains do not contribute to human suffering or environmental degradation.
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Keywords:
Conflict Minerals, Ethical Sourcing, DRC Mining, Apple Lawsuit, Supply Chain Accountability, Human Rights Violations, 3TG Minerals, Conflict-Free Minerals, Corporate Responsibility, Environmental Degradation, Artisanal Mining, Tech Industry Supply Chains, Child Labor, Global Supply Chain Standards, Sustainable Mining Practices.
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