Human Rights Watch commentary on the UNSG panel's Principles to Guide Critical Energy Transition Minerals
"UN Panel Affirms Human Rights in Mining for Renewables", 11 September 2024
"The Guiding Principles on Critical Energy Transition Minerals arrive at a crucial moment. Around the globe, governments and companies from industrialized countries are competing for “critical” minerals required for the world’s urgently needed fossil fuel phaseout and transition to renewable energy. But the rush on mining brings additional risks for the rights of Indigenous peoples and communities living near mines, including land loss, toxic pollution, child labor, and corruption.
The UN panel, established by Secretary-General Antonio Guterres in April and composed of governments, international agencies, and industry as well as several civil society groups, underscores that “human rights must be at the core of all mineral value chains.” It emphasizes that the “urgency of the energy transition cannot justify irresponsible practices in mining” and specifically calls on governments to uphold the rights of Indigenous peoples.
While the panel identified some structural problems in the mining sector, others remain unaddressed. For example, it did not discuss the harmful impacts of secret investment arbitration in international investment and trade frameworks. At the same time, the panel opens the door to discussions around reducing demand for new mining, which could reduce the risk of human rights and environmental harms. The panel recommends a UN process to agree on targets for circularity, including recycling and reuse, and material efficiency.
Ultimately, the impact of the UN principles will depend on how meaningfully they are implemented. The secretary-general should provide more detail on holding governments accountable to these principles. He should also consult with civil society groups on options for an international body to monitor and investigate human rights and environmental abuses in cases where communities find their rights are being violated in the context of mining for energy transition. Over 300 civil society groups have recommended such a mechanism.
Finally, the secretary-general should ensure that a proposed new expert advisory group on transition minerals includes equal participation of Indigenous peoples, affected communities, workers, and civil society groups alongside governments and industry groups...."
Humana Rights Watch full press release can be accessed here.