Why did the Democratic Republic of the Congo file criminal charges against Apple over “conflict minerals”? | Mining News

The Democratic Republic of Congo has filed criminal complaints against tech giant Apple’s subsidiaries in France and Belgium over the use of “conflict minerals” in their supply chains.

Lawyers representing the central African country alleged in a statement this week that Apple’s European subsidiaries use conflict minerals sourced from sub-Saharan Africa, and accused the company of “using deceptive business practices to reassure consumers that the giant’s supply chains… Clean technology. .

So, what are conflict minerals and why has Apple been accused?

What are conflict minerals?

These are minerals usually sourced from high-risk and conflict-affected areas.

the War-torn Democratic Republic of the CongoSierra Leone and Venezuela are among the countries where these minerals are found.

“Conflict minerals is a term given by the Organization for Economic Co-operation and Development (OECD) to tantalum, tin, tungsten and gold sourced from so-called high-risk conflict-affected areas,” said Christoph N. Vogel, author of the study. Conflict Minerals Inc. told Al Jazeera.

In a report published in October this year, the US Government Accountability Office (GAO) noted that various industries around the world mainly use four conflict minerals – tantalum, tin, tungsten and gold.

Tantalum is mostly used to manufacture capacitors that store electrical energy in cell phones and computers as well as jet engine turbines.

Tin is used in automobile parts and food packaging.

Tungsten is also used in automobiles and cutting tools, and is the primary element used in light bulbs.

Gold is used in jewelry and in making electronic devices such as laptops and cell phones.

Many human rights organizations have also noted that conditions for workers in mines are often very poor, and can involve slavery and unpaid labour.

What conflict minerals are mined in the Democratic Republic of the Congo?

According to a US Government Accountability Office report, the eastern part of the Democratic Republic of the Congo is one of the world’s major regions rich in the four listed minerals – tin, tungsten, tantalum and gold – which are collectively called the 3TGs.

This part of the Democratic Republic of the Congo has been destroyed violence For more than 30 years. There are at least 200 armed groups competing to control the mines from which these minerals are extracted.

Alex Cope, a senior campaigner with the transition metals team of the NGO Global Witness, told Al Jazeera that in the Democratic Republic of the Congo, “they [rebels] Occupying mines as well as trade routes. They force workers in the mines to work for free for a day or a week and illegally smuggle minerals through places like Rwanda. The minerals are then legally exported to major companies such as Apple.

Why are conflict minerals so controversial?

Profits from minerals are believed to support the activities of armed groups.

Cobb said Rwandan-backed armed group M23 For example, it is believed to control coltan production in the Rubaya region of the Democratic Republic of the Congo. This region provides about 15 percent of the world’s tantalum, the mineral from which coltan used in the manufacture of mobile phones and laptops is processed.

“The price of exported coltan ranged between $39 and $43 per kilogram between January and May 2024, according to the Central Bank of Rwanda. “With this money, rebel groups like M23 buy weapons, for example, which has prolonged the war in the Democratic Republic of the Congo,” Cobb said.

Vogel said profits from the mines are in addition to those made by other companies. “Mines operate when there is no easier or better option – but often there is. They make more money through road tax initiatives, customs and so on,” he said.

Why is the DRC accusing Apple of being involved in this?

DRC’s scrutiny of Apple’s use of minerals in the region began in September last year when the country’s president, Felix Tshisekedi, met lawyers from Amsterdam & Partners LLP – the main law firm representing the country in the disputed minerals case – in Kinshasa.

According to a statement issued by the law firm, Tshisekedi ordered lawyers to investigate the supply chain of “3T minerals (tin, tungsten and tantalum) obtained from Congolese territory and illegally exported.”

On April 22 of this year, lawyers contacted Apple CEO Tim Cook after their research revealed that Apple’s supply chain could be “tainted by blood minerals looted from the country.” [DRC]”, referring to 3T Metals. The company’s companies in France have also been notified. But lawyers say they have not received a response for several months.

At the time, Apple told Reuters: “We have found no reasonable basis to conclude that any of the identified 3TG smelters or refineries in our supply chain as of December 31, 2023, directly or indirectly funded or benefited armed groups in the Republic of the Congo.” democracy or a neighboring country.”

On December 17, lawyers representing the DRC filed criminal complaints against Apple’s European subsidiaries before courts in France and Belgium.

“The apple is red, not green,” said Robert Amsterdam, one of the lawyers involved in the case. It is a trillion dollar company and it must be assumed that it knows the consequences of its actions. Enough with denying accountability and hiding behind the false narrative of supply chain defenses!

How did Apple respond?

Apple denies these accusations. “As conflict escalated in the region earlier this year, we notified our suppliers that their smelters and refiners should stop sourcing tin, tantalum, tungsten and gold from the Democratic Republic of the Congo and Rwanda,” Apple said in a media statement on Tuesday.

“We took this action because we were concerned that it was no longer possible for independent auditors or industry certification mechanisms to perform the due diligence required to meet our high standards.” The group added that the metals used in Apple devices are recycled.

Lawyers representing the Democratic Republic of Congo said on Wednesday that Apple’s statements were “satisfactory” but should be verified on the ground.

Will the case continue?

Yes. The lawyers said they would continue to press their case against Apple’s branches in Europe.

“These complaints against Apple are a matter of great public interest at a time when European countries, consumers and NGOs are increasing their scrutiny of international supply chains,” Christophe Marchand, a lawyer for the case in Brussels, said in a statement.

Why is this case being tried in Europe?

The 27-member European Union has regulations in place to ensure that “3TG importers meet responsible international sourcing standards, set by the Organization for Economic Co-operation and Development (OECD);” Ensure that global smelters, refiners and EU 3TG sources are accountable; Help break the link between conflict and illegal mineral exploitation, help end the exploitation and abuse of local communities, including miners, and support local development.

Therefore, the lawyers also wrote to European Commission President Ursula von der Leyen demanding that she address the EU’s responsibility to end “armed violence in mineral supply chains in sub-Saharan Africa.”

So far, according to a spokesperson for the DRC lawyer, they have not received any response.

“The Democratic Republic of Congo wants to condemn crimes and change supply chains through these lawsuits,” the lawyers’ spokesperson added.

Have other companies used conflict minerals?

Global Witness has tracked supply chains globally and identified companies that have supplied or smuggled conflict minerals.

“We found that these metals may end up in products of global brands such as Apple, Intel, Samsung, Nokia, Motorola and Tesla,” a May 2022 report by the NGO said.

“Many international companies that source 3T minerals for their products, including computers, electronics and automobiles, do very little to detect smuggling, fraud, links to conflict and child labor in the supply chain,” the report noted. She added that companies like Apple had been warned about how their minerals were obtained and smuggled, but had implemented very few mitigation measures.

“Apple has promoted itself as one of the leaders in responsibly dealing with conflict minerals. I think they are very aware of the way they are sourcing minerals from the Democratic Republic of the Congo and also the smuggling that is going on,” Cobb said.

Apple did not respond to Al Jazeera’s interview request.

How should companies source minerals in the Democratic Republic of the Congo?

The OECD has established five steps range For companies on ways to deal with conflict minerals in 2016.

The guidelines include establishing a strong and transparent company management system regarding the mineral supply chain; Assess risks in mineral supply chains and design a strategy to address these risks, such as temporarily suspending mineral trade; Involving third parties in supply chain audits; and public reporting on the supply chain in annual reports.

In the United States, the SEC’s Dodd-Frank Act also requires companies to file a specialized disclosure report if they “manufacture or contract to manufacture products containing conflict minerals that are essential to the function, production or profile of those products.” Additional report on conflict minerals.

Cope added that authorities in the Democratic Republic of the Congo could do more by enforcing laws to prevent mineral smuggling.

Furthermore, he said: “The international community must put pressure on neighboring countries such as Rwanda that are allegedly supporting rebel groups such as M23, to take action to stop the conflict in the DRC and control borders by also looking at how minerals are traded.”