DR Congo is Still Calling on Apple to Prove its Minerals Sourcing Claims

The lawyers say that they have received clear instructions from the Central African country’s government to weigh their legal options under U.S. and French law, based on the evidence they have, to establish Apple’s alleged involvement in sourcing minerals through conflict-riddled channels.

Rich in natural minerals, the eastern region of DR Congo has been dealing with severe armed conflict between the government’s forces and M23 rebels. A lot of the fighting has centered on controlling the mining and supply of the “3T” materials — tin, tungsten and tantalum — as well as vast deposits of copper, gold and cobalt.

A statement shared by the Amsterdam & Partners LLP, in late April, said that it had written to Apple CEO Tim Cook, asking a series of questions about the company’s sourcing policies and processes. It also wrote to Apple’s subsidiary in France, asking similar questions. The law firm, which said it was contacted by Congolese president Felix Tshisekedi last September, is requesting answers from Cook and Apple France within three weeks of notice.

“Although Apple has affirmed that it verifies the origins of minerals it uses to manufacture its products, those claims do not appear to be based on concrete, verifiable evidence,” part of the initial statement read, alleging that Apple’s claim of sourcing its material from Rwanda is bogus, since production of the 3T materials is “near zero” in the East African country.

Tin, tungsten and tantalum are critical in manufacturing smartphones, and the Congolese government has said a mining belt that borders Rwanda and Uganda holds large deposits of coltan, the ore from which tantalum is mined. Mining and trading in the area is largely controlled by M23, and DR Congo’s authorities have accused Rwanda of colluding with the rebels in smuggling minerals, to the tune of $1 billion per year.

DR Congo and Rwanda have been in a diplomatic headlock for years and the situation has intensified over the last few months, with negotiations stalling and even affecting relations with neighboring East African country, Burundi.

Calling out Apple is partly an extension of the rocky relationship between the two countries, but it also seeks accountability from the tech giant, who has stated that its sourcing of minerals is environmentally ethical. “In 2023, 100 percent of the identified tin, tantalum, tungsten, gold, cobalt and lithium smelters and refiners in Apple’s supply chain completed assessments to verify compliance with our standards,” Apple stated in its environmental report from earlier this year.

DR Congo’s probe follows a U.S. Court of Appeals ruling from last month absolving five top tech companies, Apple included, of being involved in child labor in illegal mining operations across the Central African country.

In the case brought by 16 plaintiffs, including four former miners and legal representatives of child miners, the court ruled that the companies were only involved in an "ordinary buyer-seller transaction" with suppliers in the DR Congo, and could not be liable for unlawful labor.