UN Experts on Principles on Critical Minerals: State Parties to Non-Ratified Human Rights Instruments have commitments in the context of transition minerals
OHCHR
"All action on critical energy transition minerals must respect human rights: UN experts", 18 September 2024
"UN experts* today welcomed the emphasis placed by the UN Secretary General’s Panel on Critical Energy Transition Minerals on ensuring human rights are at the core of all mineral value chains. They issued the following statement:
“We welcome the focus placed on human rights by the UN Secretary-General’s Panel on Critical Energy Transition Minerals. The Panel noted that “human rights must be at the core of all mineral value chains” in its report on Resourcing the Energy Transition to guide the mineral life cycle of critical energy transition minerals toward equity and justice...
In addition, we underscore that international human rights norms must inform the application of the seven voluntary Principles included in the report. While the Principles refer to international human rights frameworks “agreed upon by all countries,” international human rights instruments which are not ratified by all countries are nonetheless applicable in the context of critical minerals to States that are party to those instruments. Further, all States should respect the tenet that human rights are universal, interdependent, inherent and indivisible....
States have an obligation to apply the precautionary principle and to recognise and protect the human rights of Indigenous Peoples, including their right to free prior and informed consent, and the rights of peasants and others, whose rights are most severely affected by environmental degradation arising from the exploration and exploitation of critical minerals.
Businesses have a responsibility to respect internationally protected human rights in accordance with the UN Guiding Principles on Business and Human Rights. This is in addition to the “credible industry standards” referred by the Principles. Notably, businesses should identify and assess human rights risks throughout the value chain and life cycle of critical minerals, take effective measures to prevent and mitigate such risks, and track whether those measures are effective. Business should also communicate information sufficient to those potentially affected, in particular Indigenous Peoples, and ensure access to effective remedies to people who suffer adverse effects..."