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(Versión en español adjunta)Interpretation available in English, French and Spanish
Session organized by the UN Working Group on business and human rights
Brief description of the session:The extractive industry consists of a wide range of business enterprises, institutions and peoples involved in the extraction of oil, gas, solid minerals, and rare metals needed to generate energy. Extractive and energy industries therefore have the potential to create both positive and negative impact upon human rights and the lives of communities. The industry can provide significant contributions toward much needed economic growth that in turn can provide the funds required to build infrastructure, provide better social services and meet international targets such as the United Nations Sustainable Development Goals. Similarly, if the world is to transition from brown to green energy, then extractive industries are vital to meet the Paris Agreement and provide the metals and minerals needed to create green technology that moves countries away from brown to green economies. A human rights-based approach in the just transition towards greener, resilient and climate-neutral economies will ensure this process is fair and inclusive.
Despite the potential for positive change,
extractive and energy industries also have, and are currently having, a negative impact upon individuals and communities who have seen their human rights and environments adversely impacted from large scale energy projects. These projects can cause great harm, as they can damage ecosystems, which many communities, particularly indigenous and minorities, rely on for their right to food, water and sanitation, health, and cultural rights amongst others. A human rights approach is therefore key to advance a more sustainable path towards responsible business conduct in extractive and energy investments and operations. For the UNGPs to engender change in the extractive and energy sectors, as envisioned in the
Roadmap for the next decade of business and human rights developed by the Working Group, there is a need to focus on
how decision-making and planning by stakeholders in the sectorcan be accelerated from a rights holder’s perspective. Key objectives of the session:- Highlight some of the key human rights issues related to extractives and energy projects globally;
- Encourage open and constructive dialogue on the challenges involved in ensuring responsible business practices in the extractives sector;
- Highlight good practices and provide examples where extractive and energy companies have worked with local communities to ensure human rights are protected and the environmental impact is kept to a minimum; and
- Provide key recommendations for the different actors involved in the extractive and energy industries and further identify ways in which collaborative dialogue can lead to a just, inclusive, and rights-based transition to a zero-carbon economy.
Key discussion questions:- What key environmental, social, and governance (ESG) challenges remain as extractive and energy industries worldwide seek to operationalize the UNGPs? What has worked and what has not worked to date?
- How can extractive and energy companies work toward the least economic and social disruption to communities and where problems do arise, how can they provide access to effective remedies?
- How can extractive and energy companies work with indigenous and minority communities to ensure that consultation is based upon the Free, Prior, and Informed Consent (FPIC) principles and, especially in relation to land acquisition, and not just a box ticking exercise?
Background to the discussion:Both the General Assembly and the Human Rights Council have recognized the human right to a clean, healthy and sustainable environment. These resolutions recognize the unsustainable management and use of natural resources result in environmental damage which has negative implications for the effective enjoyment of all human rights. The extractive and energy industries play a key role in ensuring the right to a healthy environment is fulfilled. A rights-based, inclusive and sustainable governance of extractive and mineral resources is needed in order for the industry to contribute to the achievement of the Sustainable Development Goals. Governments, businesses, non-governmental organizations, academia and international institutions are encouraged to promote due diligence best practice along the supply chain, addressing broad-based environmental, human rights, labour and conflict-related risks in mining. The Extractive Industries Transparency Initiative and the United Nations Guiding Principles on Business and Human Rights provide guidance towards better practices that lead towards a human rights-based approach in the extractive and energy industries.
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