Lawyers assert that sites providing minerals to Apple were plagued by sexual violence, armed attacks, and pervasive corruption.

The government of the Democratic Republic of Congo has accused Apple of using minerals extracted from the country's embattled east in its products. Lawyers representing the African country made this accusation on Thursday.

The DRC's lawyers have sent Apple a formal cease and desist notice, warning the tech giant of potential legal action if the alleged practice continues. The lawyers, based in Paris, claim that Apple is purchasing minerals smuggled from the DRC into neighboring Rwanda, where they are laundered and integrated into the global supply chain.

When contacted by AFP, Apple referred to statements from its 2023 annual corporate report regarding the alleged use of conflict minerals crucial for a wide range of high-tech products.

"Based on our due diligence efforts... we found no reasonable basis for concluding that any of the smelters or refiners of 3TG (tin, tantalum, tungsten, and gold) determined to be in our supply chain as of December 31, 2023, directly or indirectly financed or benefited armed groups in the DRC or an adjoining country," it said.

The DRC's mineral-rich Great Lakes region has been wracked by violence since regional wars in the 1990s, with tensions reheating in late 2021 when March 23 Movement (M23) rebels began recapturing swathes of territory.

The DRC, the UN, and Western countries accuse Rwanda of supporting rebel groups, including M23, in a bid to control the region's vast mineral resources, an allegation Kigali denies.

"Apple has sold technology made with minerals sourced from a region whose population is being devastated by grave human rights violations," the DRC's lawyers wrote.

Sexual violence, armed attacks, and pervasive corruption at mineral sites linked to Apple are among the accusations detailed in the letter. According to the DRC's lawyers, Macs, iPhones, and other Apple products carry the stain of the suffering of the Congolese people.

This week, French lawyers William Bourdon and Vincent Brengarth sent the formal notice to two Apple subsidiaries in France and to lawyer Robert Amsterdam at the tech company’s US headquarters.

In their letter, they stated, "Apple has consistently relied on a variety of suppliers who purchase minerals from Rwanda, a country poor in minerals that has exploited the DRC and looted its natural resources for almost three decades."

The DRC boasts rich reserves of tantalum, tin, tungsten, and gold, commonly known as 3T or 3TG minerals, extensively used in the production of smartphones and other electronic devices.

According to Bourdon and the London-based lawyer Amsterdam, the tech giant's efforts to ethically source its minerals are notably inadequate. "Apple seems to rely mainly on the vigilance of its suppliers and their commitment to respect Apple's code of conduct," reads the official letter.

However, both their suppliers and external audits seem to depend on certification from the Tin Supply Chain Initiative (ITSCI), "which has been shown to have numerous and serious shortcomings," as stated in the formal notice.

The ITSCI program, established over a decade ago, is one of the primary mechanisms aimed at ensuring the supply of "conflict-free" minerals in the DRC, according to the British NGO Global Witness.

In April 2022, Global Witness accused ITSCI of contributing to the laundering of conflict minerals, child labor, trafficking, and smuggling in the DRC.

Global Witness highlighted that Apple is not the sole major company relying on the "flawed" system. Tesla, Intel, and Samsung are among the firms depending on ITSCI. However, Global Witness's report revealed that "ninety percent of the minerals" from specific mining sites reviewed by the program did not originate from validated mines.

The DRC's formal notice to Apple raises questions about "3T minerals used in Apple products" and demands a response from the tech company "within three weeks." "All legal options are on the table," the lawyers informed AFP.

Moreover, a growing demand for cobalt and copper to fuel so-called clean energy, including rechargeable batteries, has led to forced evictions, sexual assault, arson, and beatings in eastern DRC, according to a 2023 Amnesty International Report.

Currently, M23 controls significant portions of North Kivu and is encircling the provincial capital of Goma, where over one million people displaced by the war are crammed into desperate, temporary camps.

In 2023, the UN stated that people living in eastern DRC face unprecedented violence, labeling it one of the "worst places" in the world for children.

Minerals are transported into Rwanda, where they are laundered to evade oversight meant to prevent the sale of "conflict minerals," according to Global Witness.

"The responsibility of Apple and other major tech manufacturers when they use blood minerals has for too long remained a black box," the lawyers informed AFP.