DR Congo Files Criminal Complaints Against Apple Over Use of Conflict Minerals

The Democratic Republic of Congo (DRC) has filed criminal complaints in France and Belgium against subsidiaries of Apple Inc., accusing the tech giant of using conflict minerals sourced from areas plagued by violence and human rights abuses. The landmark legal move is part of the DRC’s broader effort to address the devastating consequences of illicit mineral trade on its citizens.

The Allegations

DRC’s lawyers claim Apple’s supply chain includes tin, tantalum, and tungsten (known as 3T minerals) extracted from conflict zones in eastern Congo, where armed groups control artisanal mines. These groups, often implicated in war crimes such as massacres, mass rapes, and looting, allegedly smuggle these minerals through neighbouring Rwanda into global markets.

The legal complaints accuse Apple of complicity in war crimes, handling stolen goods, laundering tainted minerals, and engaging in deceptive practices to mislead consumers about the integrity of its supply chain.

“Color Apple red, not green. It is a trillion-dollar company that must know the consequences of its actions. Enough with denials of accountability and hiding behind the false narrative of supply chain defenses,” said Robert Amsterdam, a U.S.-based lawyer representing the DRC.

The complaints also challenge the credibility of the International Tin Supply Chain Initiative (ITSCI), a certification scheme Apple and other companies have used to verify the origins of minerals. The DRC argues that ITSCI has been discredited for failing to ensure traceability and prevent the use of conflict minerals.

Apple’s Response

Apple has strongly denied the allegations, emphasising its commitment to responsible sourcing and the stringent standards imposed on its suppliers. In a statement, the company noted:

“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 also pointed out that the majority of the minerals used in its products are recycled and that it has removed non-compliant smelters and refiners from its supply chain in recent years.

Context: Conflict Minerals and Violence

Eastern DRC has long been at the heart of a complex conflict driven by competition over its vast mineral resources. Armed groups, some backed by neighbouring Rwanda, have sustained themselves through illicit mining, fuelling violence that has killed millions and displaced millions more since the 1990s.

According to U.N. experts, these armed groups use proceeds from mineral exports to purchase weapons and perpetuate cycles of violence. The illicit trade has also led to environmental destruction, forced labour, and severe human rights violations.

Global Implications

The legal complaints against Apple mark a historic first: the DRC directly challenging a major multinational corporation over its alleged complicity in the country’s resource-driven conflict. France and Belgium were chosen as jurisdictions for the cases because of their strong emphasis on corporate accountability.

Belgian lawyer Christophe Marchand emphasised Belgium’s historical responsibility, noting that the plundering of Congo’s resources dates back to its colonial era under King Leopold II.

“It is incumbent on Belgium to help Congo use judicial means to end the pillaging,” he said.

The cases could have far-reaching implications, potentially prompting other tech companies reliant on 3T minerals to reassess their supply chains and certification processes.

Apple and ITSCI

The DRC’s complaints also criticise Apple for relying on ITSCI, which the Responsible Minerals Initiative (RMI) removed from its list of approved traceability schemes in 2022. The RMI cited ITSCI’s failure to address escalating violence in key mining areas like North Kivu Province.

Despite this, Apple referenced ITSCI five times in its 2023 filing on conflict minerals to the U.S. Securities and Exchange Commission (SEC). The filing made no mention of ITSCI’s removal from RMI’s approved list.

The Road Ahead

The French and Belgian judicial authorities will now decide whether to investigate the complaints further and potentially bring criminal charges against Apple’s local subsidiaries and the parent company.

While Apple is the first to face such criminal complaints from the DRC, lawyers representing the Congolese government have indicated that similar actions against other tech companies are in the pipeline.

This bold legal step highlights the DRC’s determination to reclaim control over its resources and hold global corporations accountable for their role in perpetuating conflict and exploitation.

Conclusion

The complaints filed by the DRC are more than a legal challenge—they are a call for global accountability. As Africa continues to bear the brunt of the extractive industry’s darker side, this case shines a spotlight on the urgent need for ethical practices and transparent supply chains.

The world is watching to see whether these proceedings will mark a turning point in the fight for justice and sustainable resource management in one of Africa’s most mineral-rich but conflict-ridden regions.