All action on critical energy transition minerals must respect human rights: UN experts

GENEVA (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. The report was launched on 11 September 2024.

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.

Existing international human rights norms that are not mentioned by the Principles are thus applicable to States in all action concerning critical minerals, including their extraction, development, use, recycling and disposal. Respecting, protecting and fulfilling all human rights is particularly important due to growing evidence of human rights risks, impacts and violations arising from the critical minerals sector. This evidence include: involuntary resettlement of Indigenous Peoples without adequate consultation and compensation; environmental degradation; deprivation of livelihoods and access to clean water and clean air; forced labor; sexual and gender-based violence; among others.

We recall States’ obligations to respect, protect and fulfill everyone’s human right to a healthy environment and protect environmental human rights defenders who are calling attention to the risks of biodiversity loss, water shortages, ocean degradation, climate impacts, and toxic pollution arising from action on critical minerals. 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.

Finally, we underscore the importance of prior comprehensive independent assessments, based on best available science, of the need for critical minerals and of alternatives to extraction.”