"Open Letter to the European Union: The Critical Raw Materials Act Must Ensure Effective Social, Environmental and Governance Safeguards and Provide Meaningful Participation", 17 July 2023

We, movements, Indigenous Peoples, and Civil Society Organizations, particularly but not exclusively from resource-rich countries in the Global South, are very concerned due to the lack of strong due diligence terminology and safeguards for the sourcing of raw materials in the Critical Raw Materials Act and other related legislation.

We, in resource-rich countries, are already experiencing the double impacts of the climate crisis... The EU’s decarbonisation ambition is laudable, but to be just and fair, it has to follow the rule of law and its associated legislations have to adhere to the highest standards, including the respect of human rights, Indigenous Peoples’ rights and environmental protection, not only within the European Union, but in other resource-rich countries – including our lands and communities...

[W]e ask you to set the following minimum conditions for strategic projects and the sourcing of raw materials from resource-rich countries:

1) Respect human rights, Indigenous rights and adhere to international human and environmental rights legislation, agreements, and standards, including the UN Guiding Principles on Business and Human Rights, United Nations Declaration on the Rights of Indigenous Peoples, ILO Conventions as well as the full Aarhus convention, the Escazú agreement as well as the EU Corporate Sustainability Reporting Directive...

2) Ensure that strategic partnerships are formed and run in a democratic manner

Negotiations for strategic partnerships should be announced in a timely fashion and agreements with resource-rich countries should be disclosed prior to approval. The CRMA should address the high corruption risk in the mining sector.

3) Meaningful participation and accountability

Rights holders, especially Indigenous Peoples, civil society organisations and local communities, must have a stake in the governance of the CRMA and should be able to participate in the definition and monitoring of strategic projects and partnerships.

4) Minimum requirements for strategic projects

The environmental and social impacts of mining and other projects related to the energy transition should be assessed during the permitting process and projects cannot go ahead without concerned Indigenous Peoples’ Free, Prior Informed Consent.

Companies participating in strategic projects should have in place a clear, easily accessible, and safe grievance mechanism and a history of human rights abuses or environmental destruction should lead to the exclusion of companies...Instead of using self-regulation through certification schemes, companies must be monitored by governments and a neutral third party.

5) Respect our cultural practices, traditions and values, our lifestyles, and our environment
Strategic projects should respect no-go zones, including protected areas, the deep-sea, and sacred sites. Regulations on conflict minerals and minerals extracted through forced or child labour must be enforced and adopted respectively.

6) We should not just be treated as raw material suppliers
Set clear goals and clarify what it means to add value through strategic partnerships. Furthermore, support the development of our countries through climate finance, knowledge and technology transfer, the provision for local procurement and ensuring that companies pay taxes in host countries and create decent jobs.

7) Take responsibility for reducing the EU’s own consumption
In turn, this will reduce the demand for raw materials from our countries. Taking these concerns into account will be crucial to ensure climate and resource justice on a global scale. The CRMA could be an opportunity for the European Union to promote a just energy transition that pays off the historical ecological debt owed to the countries of the Global South and respects their
development models....