DRC: Complaint against Apple brings new hope in conflict minerals crisis
The war over so-called "conflict minerals" is more than two decades old, but the fight to prevent their exploitation by global tech companies is much newer. In the Democratic Republic of the Congo (DRC), various armed groups – including both Congolese army and rival armed rebel groups, among them the M23 – occupy mines and trading routes, forcing miners to work for free. Minerals from these mines, including tungsten, tin and tantalum (often referred to as the 3Ts), have been illegally smuggled through Rwanda for several years, and eventually exported to tech companies such as Apple, Tesla and Samsung.
But after the DRC filed criminal charges against Apple over the use of conflict minerals, there is renewed hope that this illegal mining could be brought to an end. A criminal complaint was filed earlier in December against Apple's subsidiaries in France and Belgium, where the Congolese government alleges Apple uses conflict minerals laundered through international supply chains – which the American tech giant denies.
For Alex Kopp, senior campaigner on the NGO Global Witness's transition minerals team, the case signals positive change. He told RFI that there has been some progress, at least in terms of public awareness and consensus building. The United States, France and Belgium say they have put regulations on conflict minerals in place, and the European Union passed a regulation in May 2017 to stop conflict minerals and metals from being exported to the EU, and to prevent EU smelters and refiners from using them. Brussels lawyer Christophe Marchand said: "These complaints filed against Apple are a matter of great public interest at a time when European countries, consumers and non-governmental organisations are increasing their scrutiny of international supply chains." But, Kopp added, the regulations "are not sufficiently enforced, and I don’t think they’ve had a real impact on the ground". He hopes the upcoming Apple trial will create awareness of the need to legislate against illegal mining, and "push the international community to take appropriate measures". According to the United Nations Group of Experts on the DRC, legitimate public and private players lack the resources to implement the traceability requirements necessary for access to the international market. They say the EU strategy on mineral supply chain due diligence should include regulation, coupled with practical measures to support transparency, traceability and law enforcement in high-risk and conflict areas. That way, "EU companies and consumers could ensure that their purchases are promoting better governance and economic development in eastern DRC, rather than fuelling war," according to a report co-written by Gregory Mthembu-Salter, a former consultant on conflict minerals due diligence to the UN Group of Experts.
The DRC alleges that Apple bought contraband supplies from its conflict-racked eastern region and from Rwanda, zones in which the materials are alleged to be mined illegally before being integrated into global supply chains. According to a statement from lawyers representing the DRC, Apple's French and Belgian subsidiaries also deployed deceptive commercial practices in order to persuade consumers that its supply chains were clean. Apple said in a statement that suppliers were told earlier this year to stop purchasing those minerals from the DRC and Rwanda…