Congolese government accuses tech-giant Apple of falsifying supply chain reports

The Democratic Republic of the Congo (DRC) has filed criminal complaints against Apple’s subsidiaries in France and Belgium, accusing the tech giant of sourcing so-called “conflict minerals” from the sub-Saharan African country. Filed on December 17, the complaints allege that Apple misrepresents its supply chains as ethical while using minerals from regions plagued by conflict and human rights abuses.

Reporting on the lawsuit in their recent article, Al-Jazeera elaborates that the term “conflict minerals” refers to tantalum, tin, tungsten, and gold (collectively called 3TGs), that are often sourced from high-risk areas afflicted by violence, such as the DRC, Sierra Leone, and Venezuela. Tantalum is widely used in capacitors for electronics and jet engines, tin in automobile parts and food packaging, tungsten in cutting tools and light bulbs, and gold in electronics and jewelry.

The eastern DRC, rich in these minerals, has been a hotspot of violence for over three decades, with over 200 armed groups vying for control of the mines. The challenge with conflict minerals lies not only in their region of origin but the poor the working conditions under which they are extracted from mines, which can involve slavery, unpaid work and other exploitative practices. Armed groups also control trading routes, smuggling minerals through neighboring countries like Rwanda to export them legally to multinational companies, including Apple. Profits from these activities fuel the prolongation of conflicts as they enable armed groups to purchase weapons and fund their activities.

Alex Kopp, a campaigner with Global Witness, told the publication that groups like the Rwandan-backed M23 militia control significant portions of coltan production in the Rubaya region of the DRC. This region supplies approximately 15% of the world’s tantalum, a critical component in mobile phones and laptops. According to the Rwandan central bank, the price of coltan between January and May 2024 ranged from $39 to $43 per kilogram. Revenues from coltan and other minerals have financed armed groups’ operations, exacerbating violence in the region.

The DRC’s legal actions against Apple started with the country's President Félix Tshisekedi’s September 2023 directive to investigate the illegal export of 3TG minerals from Congolese territory. Amsterdam & Partners LLP, the law firm representing the DRC, found evidence suggesting Apple’s supply chains might be linked to these “blood minerals.” The lawyers contacted Apple CEO Tim Cook in April 2024 but reported no response for months. Apple later denied the allegations, stating that its supply chain audits found no evidence of minerals linked to armed groups. The company also claimed it had instructed suppliers to suspend sourcing minerals from the DRC and Rwanda due to escalating tensions. After the latest filed complaint, the US tech giant claimed that the minerals used in Apple gadgets were of recycled origin.

Despite Apple’s denial, the DRC’s lawyers filed criminal complaints in Europe, citing the European Union’s (EU) stricter regulations on conflict mineral sourcing. The EU requires companies to meet international standards established by the Organisation for Economic Co-operation and Development (OECD). The OECD’s guidelines, introduced in 2016, call for transparent supply chain management, risk assessments, third-party audits, and public reporting.

Robert Amsterdam, one of the DRC’s lawyers, criticized Apple, stating that a company of its magnitude must take responsibility for its actions. He called for Apple's famous logo to be "coloured red, and not green. It is a trillion-dollar company that must be assumed to know the consequences of its actions. Enough with denials of accountability and hiding behind the false narrative of supply chain defences!”

The DRC’s legal team also wrote to European Commission President Ursula von der Leyen, urging the EU to address its role in mitigating armed violence linked to mineral supply chains in sub-Saharan Africa.

This case underscores the ethical challenges facing industries reliant on resources from conflict-prone regions. As one of the world’s most influential companies, Apple faces heightened scrutiny over its supply chain practices and adherence to global ethical standards. The outcome could set a precedent for how multinational corporations address the exploitation and violence tied to essential minerals.

By Nazrin Sadigova