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Belgium has opened a criminal investigation into allegations that Apple knowingly purchased “blood minerals” from the Democratic Republic of Congo, in what lawyers for the central African country called a “massive operation of money laundering and greenwashing”.
In December, the DRC filed criminal complaints in Belgium and France against subsidiaries of the American technology group, alleging that they used minerals supplied by armed groups that committed atrocities in eastern Congo.
Lawyers representing the DRC said Belgian prosecutors last week appointed an investigating judge – who oversees the investigation and is responsible for issuing arrest warrants, wiretapping and searches – to investigate the case. ‘affair. They are still waiting for a decision from France, where the process is slower.
“This is the first step which shows that the prosecutor takes the case very seriously,” said Christophe Marchand, the lawyer who prepared the case in Belgium, a country which colonized the Congo with catastrophic consequences at the beginning of the 20th century. century.
The Brussels public prosecutor’s office did not respond to a request for comment. Apple declined to comment for this story. It has previously said it “strongly disputes” these claims and is “deeply committed to the responsible sourcing of minerals” such as coltan, an essential mineral used in its iPhones and other electronic devices, including more Half of the world’s deposits are found in Congo.
The criminal complaint alleges that Apple buys tantalum, a mineral extracted from coltan, as well as tin, tungsten and gold – the so-called 3TG minerals – from mines whose profits fuel the war in the east of the DRC and promote child labor and environmental degradation. Millions of people have been displaced by fighting in which rape and killing of civilians are commonplace.
Many minerals are certified to come from mines located in non-conflict areas or from Rwanda. But the complaint alleges that the so-called “bagging and labeling” 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 tech company on Earth that doesn’t know that anything bought from Rwanda is 90 percent sure to be Congolese,” Robert Amsterdam, whose law firm represents the DRC, said in Financial Times.
In a report This month, the UN said Rwandan-backed rebels in eastern DRC had “fraudulently exported” at least 150 tonnes of coltan to Rwanda last year, leading to what it said called “the largest contamination” of the region’s mineral supply chain on record.
The M23 rebels – who the UN, US, European Union and Congo say are supported by Rwanda – have, according to the report, taken control of many of the most important mines, “in establishing a parallel administration controlling mining activities, trade, transport and mining taxation.” minerals produced”.
Kigali has always denied supporting the M23 rebels or benefiting from what Kinshasa claims is the billion dollars a year it loses to mineral smuggling.
In a March 2024 filing with the Securities and Exchange Commission, Apple said: “We have found no reasonable basis to conclude that any of 3TG’s smelters or refineries have determined that it is part of our chain supply. . . directly or indirectly financed or benefited armed groups in the DRC.
But in December, Apple expressed concern that it was “no longer possible for independent auditors or industry certification mechanisms to perform the due diligence required to meet our high standards” and informed its suppliers to suspend their supply of 3TG metals from the DRC or Rwanda. .
Amsterdam called the new procurement decision compelling evidence. “It’s an admission that supply chains are essentially 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% recycled cobalt for batteries by this year.
Separately, lawyers representing the DRC sought to drag the EU into the fight against Apple by sending a letter to Ursula von der Leyen, president of the European Commission, calling the bloc’s agreement with Rwanda a “farce”, signed last February. sustainable supply of essential minerals.
“The EU signed a memorandum of understanding with Rwanda on the development of its 3TG mining programs even though anyone with secondary education knows that Rwanda does not have any minerals,” Amsterdam said. “It is not just Apple, but the EU itself that is engaging in this fallacy.”
A spokesperson for the commission said it was “seriously committed to ensuring transparency and traceability of critical raw materials both bilaterally and multinationally”.
One of the main objectives of its agreement with Rwanda was to “strengthen the fight against illegal mineral trafficking”, they added.