According to the complaint that The Free was able to consult, Apple Belgium would have surrendered “guilty of criminal acts and in particular of receiving stolen goods, money laundering and deceptive commercial practices.
The plaintiffs accuse the apple company of manufacturing its products with “blood minerals“. As a reminder, most of the minerals essential to our electronic devices – tin, tantalum, gold and even tungsten – are buried in Congolese lands.
MEPs no longer want “blood minerals”
Some regions concerned are occupied by armed militias who would make people hired to search for these minerals, known as “diggers”, work in conditions contrary to human rights. This is why the product of their work is called “blood ores”.
According to the complaint filed in Brussels, this Tuesday, Apple uses these blood minerals to manufacture these products. From the extraction chain to marketing, including the supply of these products, nothing is done in compliance with international law and human rights, denounce representatives of the Congolese state.
Armed groups involved
Concretely, Apple is accused of using materials purchased from armed groups who illegally exploit regions rich in these natural resources necessary for the production of phones, computers and other tablets. These armed groups also use forced labor, particularly of children, to achieve their ends.
According to the plaintiffs representing Congo, Apple Belgium was alerted on multiple occasions by NGOs about the situation, without reacting. Reason why a criminal complaint was filed this Tuesday.
In April, the Democratic Republic of Congo put Apple on notice in this regard. The multinational explained itself by referring to elements published in its 2023 annual report on conflict minerals, claiming to have found “no reasonable basis” to say that its supply chains as of December 31, 2023 had “directly or indirectly financed or benefited armed groups in the DRC or in a neighboring country.”
Heated negotiations at European level on blood minerals
According to Léo Fastenakel, the traceability process which should allow companies to purchase minerals legally and in accordance with international law is not respected.
The lawyer explains that a labeling system was put in place to be able to more easily detect legally collected materials from those allegedly collected by armed groups or militias. “Except that there are flaws in this process which is therefore absolutely unreliable. And Apple can’t not know it“, points out the lawyer.
gull“Many of us have a phone in our pocket made, without consumers knowing, from these blood minerals.”
“Citizens don’t know”
“This is not an isolated and spontaneous action, continues Ivon Mingashang, lawyer and professor, coordinator of the “International Justice” Task Force to the President of the DRC. We are acting to denounce abusive practices on the part of a multinational that does not respect international law. These actions maintain a cycle of endless violence in the Democratic Republic of Congo since it is armed groups who benefit from this system. There is also considerable economic damage for the Congolese state.”
And Christophe Marchand added: “Many of us have a phone in our pocket made, without consumers knowing, from these blood minerals, says the lawyer. Citizens do not know that victims were exploited for the manufacture of these objects. Many NGOs have denounced the situation and Apple says it acts with respect for human rights, but this is false. The reality is that every time an Apple product is sold, there is an infringement.”
The European Parliament’s pretense on “blood minerals”
gull“Apple is the first company targeted. But it will certainly not be the last. Other companies will also be targeted soon and we will not hesitate to take the matter to court because we are demanding that an investigation be carried out. We understand justice because it is the weapon of civilization.”
“Moral debt of Belgium”
Why target Belgium specifically, we ask? “We believe that Belgium owes a moral debt to the Democratic Republic of Congo which was the victim of pillage during the colonial period.respond our interlocutors. But beyond this element which may seem symbolic, there is a concrete element which pushed us to file a complaint in Belgium. Namely the fact that Apple’s Belgian subsidiary claims to be a company that respects human rights. But we have evidence showing that this company could not have failed to know about the situation we are denouncing.”
And Ivon Mingashang concludes: “Apple is the first company targeted. But it certainly won’t be the last. Other companies will also be targeted soon and we will not hesitate to take the matter to court as we demand that an investigation be carried out. We seize justice because it is the weapon of civilization.”
The Free tried to contact the Apple Belgium press service to react. Without success.
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