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Belgium has launched a criminal investigation into allegations that Apple knowingly obtained “blood minerals” from the Democratic Republic of Congo, in what lawyers for the central African country called a “massive laundering and greenwashing operation.”
In December, the DRC filed criminal charges in Belgium and France against subsidiaries of the US technology group, alleging they used minerals supplied by armed groups committing atrocities in eastern Congo.
DRC lawyers said prosecutors in Belgium last week appointed an investigating judge – who oversees the investigation and is charged with issuing arrest, wiretapping and search warrants – to investigate the case. They were still waiting for a decision from France, where the process was slower.
“This is the first step that shows that the prosecutor is taking the case very seriously,” said Christophe Marchand, a lawyer who prepared the case in Belgium, which colonized the Congo in the early 20th century with disastrous consequences.
The prosecutor’s office in Brussels did not respond to a request for comment. Apple declined to comment for this story. It has previously said it “strongly disputes” the claims and is “deeply committed to the responsible sourcing of minerals” such as coltan, a key mineral used in its iPhones and other electronics, more than half of its global deposits are in Congo.
The criminal complaint alleges that Apple buys tantalum, an ore extracted from coltan, as well as tin, tungsten and gold — so-called 3TG minerals — from mines whose profits have fueled the war in eastern DRC and promoted child labor and environmental degradation. Millions of people have been displaced by the fighting, where the rape and killing of civilians is common.
Many minerals have been confirmed to originate from mines in non-conflict areas or from Rwanda. But the complaint alleges that the so-called “pack and label” certification process relied on by Apple and other electronics giants is deeply flawed and that minerals labeled as coming from Rwanda actually come from Congolese mines.
“There is no technology company in the world that does not know that it is 90 percent certain that everything bought in Rwanda is Congolese,” Robert Amsterdam, whose law firm represents the DRC, told the Financial Times.
ua report this month, the UN said Rwanda-backed rebels in eastern DRC “fraudulently exported” at least 150 metric tons of coltan to Rwanda last year, leading to what it called the “biggest pollution” of the region’s mineral supply chain ever .
The M23 rebels — who the UN, US, EU and Congo say are backed by Rwanda — have seized control of many of the most important mines, the report said, “establishing a parallel administration that controls mining activities, trade, transport and taxation of the minerals produced.” .
Kigali has consistently denied that it supports the M23 rebels or that it benefits from what Kinshasa claims is the $1 billion it loses annually from smuggled minerals.
In a March 2024 filing with the Securities and Exchange Commission, Apple said: “We have found no reasonable basis to conclude that any 3TG smelter or refinery identified as being in our supply chain . . . directly or indirectly funded or benefited armed groups in the DR Congo.”
But in December, Apple said it was concerned that “independent auditors or industry certification mechanisms can no longer perform the due diligence required to meet our high standards” and notified its suppliers to stop sourcing 3TG metal from the DRC or Rwanda.
Amsterdam characterized the new source decision as a “smoker”. “It’s an admission that supply chains are basically infiltrated with fake minerals,” he said.
Apple has sought to increase the use of recycled minerals in its products, saying it aims to source 100 percent recycled cobalt for batteries by this year.
In addition, DRC lawyers sought to draw the EU into the fight against Apple by sending a letter to Ursula von der Leyen, the president of the European Commission, portraying as a “farce” the bloc’s agreement with Rwanda, signed last February, a sustainable source of critical minerals.
“The EU signed an MOU with Rwanda to develop their 3TG mineral programs when anyone with a high school diploma knows Rwanda has no minerals,” Amsterdam said. “Not only Apple but the EU itself is involved in this sophistry.”
A spokesman for the commission said it was “seriously committed to ensuring transparency and traceability of critical raw materials at the bilateral and multinational level”.
One of the key goals of the agreement with Rwanda was to “strengthen the fight against illegal trade in minerals,” they added.
