The energy sector has seen an increased focus on renewable energy production in the last decade. This growth has the potential to help address global climate change, increase access to electricity, and improve people’s lives by protecting them from air pollution and other environmental and social impacts connected to fossil fuel production.
However, as of 2021, oil, coal and natural gas represented 81.2% of total global primary energy production, a share that has barely changed since 1990; this is due to the fact that non-renewable energy production has simultaneously continued to increase while renewable energy production has increased (UNstats). As of 2023, the energy sector accounts for one third of human-caused greenhouse gas emissions globally, making it the single largest contributor to global warming (UNEP). Without comprehensive energy decarbonisation, the 1.5°C climate goal set by the Paris Agreement along with the SDG 7’s ambition to ensure access to affordable and sustainable energy for all by 2030 are quickly slipping out of reach
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Just energy transition
International instruments and authoritative guidance for business stress the urgency of transitioning the energy system away from fossil fuels and towards renewables while also protecting and respecting human rights in this transition.
COP28 in Dubai in 2023 concluded with an agreement that claimed to signal the “‘beginning of the end’ of the fossil fuel era by laying the ground for a swift, just and equitable transition, underpinned by deep emissions cuts and scaled-up finance” (UNFCCC). In 2022, the UN High-Level Expert Group on the Net Zero Emissions Commitments of Non-State Entities (HLEG) reflected Intergovernmental Panel on Climate Change (IPCC) and International Energy Agency (IEA) findings that there is a “need to synchronise scaling up clean energy technologies with scaling back of fossil fuels” and “there is no room for new investment in fossil fuel supply and a need to decommission existing assets.” As such, they recommend that businesses’ transition away from fossil fuels “must be matched by a fully funded transition toward renewable energy.”
Authoritative instruments stress the need to ensure this transition is just. In its preamble, the Paris Agreement notes the importance of “taking into account the imperatives of a just transition of the workforce and the creation of decent work and quality jobs in accordance with nationally defined development priorities” and acknowledges that “Parties should, when taking action to address climate change, respect, promote and consider their respective obligations on human rights, the right to health, the rights of Indigenous Peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, empowerment of women and intergenerational equity.” This was further developed in guidance from the UN Office of the High Commissioner for Human Rights (OHCHR) and the International Labour Organization (ILO), which defines the just transition as “a transition to a human rights economy that is fair, equitable, inclusive and sustainable, creates decent work opportunities, reduces inequalities and poverty as well as upholds the human rights of workers and affected communities, in particular Indigenous Peoples and communities affected by environmental degradation and by the measures that are needed to address it.”
The OECD Guidelines for Multinational Enterprises on Responsible Business Conduct clarify that in playing their role in achieving climate goals, business enterprises should take action to prevent and mitigate adverse social impacts both “in their transition away from environmentally harmful practices, as well as towards greener industries or practices, such as the use of renewable energy.” Similarly, the HLEG recommended that, among other things, businesses’ transition away from fossil fuels “must be just for affected communities, workers and all consumers to ensure access to energy, and avoid transference of fossil fuel assets to new owners.”
The imperative of respecting human rights in the energy transition is critical because many projects continue to significantly impact human rights, particularly in the Global South. Along with the disruption to fossil fuel jobs upon which some communities have long depended, the DIHR and the Columbia Center on Sustainable Investment highlight other severe adverse human rights impacts linked to renewable energy. These include, among others, unsafe working conditions; illegal land grabbing and the physical and economic displacement of Indigenous Peoples and local communities without fair and adequate compensation; and threats, corruption and attacks against human rights defenders. As of 2020, the Business and Human Rights Resource Centre identified more than 197 allegations of human rights violations against solar and wind projects since 2010 (Business and Human Rights Resource Centre).
Inadequate consultation and the failure to identify or address negative human rights impacts can drive community opposition to renewable energy projects. This can affect individual project operations and cause financial, legal and reputational impacts for companies and investors, as well as potentially slow the energy transition. In its Climate Change 2023 Synthesis Report, the IPCC found evidence suggested with a high degree of confidence that “[e]quity, inclusion, just transitions, broad and meaningful participation of all relevant actors in decision making at all scales enable deeper societal ambitions for accelerated mitigation, and climate action more broadly, and build social trust, support transformative changes and an equitable sharing of benefits and burdens.”
The 2030 Agenda for Sustainable Development contains 17 Sustainable Development Goals (SDGs) designed to ensure a sustainable future for all. Adopted in 2015, the SDGs are used to guide and monitor national implementation efforts to achieve these goals. SDG 7 refers to “ensuring access to affordable, reliable, sustainable and modern energy for all.” The energy sector can make a significant contribution to the economic aspects of development under the SDGs, including by advancing the target of substantially increasing the share of renewables in the global energy mix.
Despite global ambitions to accelerate the provision of access to affordable and reliable energy, including SDG 7, the 2024 edition of Tracking SDG 7: The Energy Progress Report 2024 found that – due to factors including the global energy crisis, inflation and increased geopolitical conflict – the number of people without access to energy increased for the first time in over a decade. The population grew at a higher rate than that of new electricity connections, leaving 685 million people without electricity in 2022, 10 million more than in 2021. The challenge of lack of energy access is particularly concentrated in sub-Saharan Africa, where 570 million people were living without electricity in 2022, accounting for more than 80% of the global population without access.
Current efforts to expand the renewable energy sector are not sufficient to achieve SDG 7 on time, according to the Tracking SDG 7: The Energy Progress Report 2024. International financial flows to renewables in 2022 outpaced those of 2021 by 25%, but are still around half of their 2016 peak of USD 28.5 billion. While installed renewable energy-generating capacity per capita reached a new record in 2022, there remains a large disparity in capacity installation per capita, with 3.7 times more in developed countries than developing countries, and in renewable energy investment, with 80% concentrated in just 25 countries. At the same time, the rollout of decentralised renewable energy solutions shows promise in helping accelerate progress in achieving universal access to energy in rural areas.
To help address these disparities and support specific developing countries’ transformations into more equitable and socially inclusive low-carbon economies, Just Energy Transition Partnerships (JETPs) have been established as multilateral climate financing platforms to support Vietnam, Indonesia, South Africa and Senegal transition their energy systems away from coal. To meet their potential and overcome their initial slow progress, JETPs require additional support in mobilising and deploying funds and in reconciling local priorities around decarbonisation, energy security and economic development (IHRB).
Indigenous Peoples and Free Prior and Informed Consent (FPIC)
In many countries, Indigenous Peoples are particularly vulnerable to exploitation in the face of energy projects. Under international law, Indigenous Peoples have collective rights, including the right to self-determination, which enable them to collectively decide on matters that stand to affect their lands, territories, resources and cultural integrity (UNDRIP, ILO Convention No. 169). Under UNDRIP, States have an obligation to obtain the free, prior and informed consent (FPIC) of Indigenous Peoples prior to the approval of any project affecting their lands, territories, or other resources and under the UNGPs, businesses have an obligation to obtain their FPIC prior to undertaking an investment (UN Special Rapporteur on the Rights of Indigenous Peoples).
The dispossession of lands traditionally occupied by Indigenous Peoples and the accompanied marginalisation of cultural, political and economic activities is closely related to governing energy policies that were established without the consultation or participation of Indigenous Peoples. Additionally, the cultural significance attached to nature by Indigenous Peoples means that environmental degradation disrupts their cultures, as well as their livelihoods. The presence of security forces is also often linked to serious human rights violations against Indigenous Peoples when large-scale projects are improperly managed (BSR).
In an example of the human rights impacts of renewable energy projects, in 2019 the Lake Turkana Wind Farm project in Kenya saw protests from local Indigenous Peoples who claimed their customary rights to land were violated in the absence of their consent. In Kerala, India, the lives and livelihoods of Adivasis (Indigenous Peoples) were impacted by the Kasargod solar project and the concerted support by civil society groups highlighted the need for the review of the social and environmental impacts of renewable energy projects. The report: ‘Renewable energy to responsible energy: a call to action’ noted the following: “Civil society’s role as watchdogs in the regulatory aspects of RE projects helps surface on-the-ground social and environmental impacts, prevent corruption, as well as encourage appropriate action.” Finally, a landmark victory was achieved for the Indigenous Saami communities in October 2021 when the Norwegian Supreme Court found a violation of the right to the enjoyment of culture by Saami due to the government granting of licenses for wind farms constructed in Saami grazing lands.
An example of the incorporation of Indigenous Peoples as rightsholders in energy policy can be seen in Chile’s Energy 2050 Policy. A report by the Danish Institute for Human Rights highlights that, “the Ministry of Energy committed, among other things, to develop training instances on renewable energy for Indigenous leaders focused on the topic of human rights and business.”
In 2024, Indigenous Peoples’ representatives met at a conference to draft and agree on a declaration on Indigenous Peoples and the just transition. The declaration makes demands of States, investors and companies, and energy utilities and regulators. Among the demands of companies is that they respect Indigenous Peoples’ right to FPIC in transition minerals and renewable energy projects, and that they implement equitable benefit-sharing mechanisms, including co-ownership and co-equity models.
Environmental and community health & safety impacts
Both renewable and non-renewable energy projects can have significant negative effects on the environment and communities’ health and safety. Coal and other fossil fuel pollution have long had severe impacts on the health of local communities. For example, in Honduras, Indigenous Peoples and local communities have protested and resisted several renewable energy projects, including a solar park (El Pais) and a hydroelectric project (OAS), for their alleged environmental and health impacts. These communities and human rights defenders can be subject to threats to their safety in the form of physical threats and assaults from security personnel (Columbia Center on Sustainable Investment). To help address this issue, some energy sector companies require their contractors and suppliers to adhere to the Voluntary Principles on Security and Human Rights.
Gendered impacts
Applying a gendered perspective is important to achieving a just, equitable and sustainable energy transition by avoiding deepening socio-economic, environmental and financial inequalities for women and girls. Traditional energy sources such as the collection of firewood, charcoal, dung and other agricultural waste tend to fall under the purview of women and girls, and yet, in modern energy settings, they are significantly underrepresented.
Additionally, negative gendered impacts include restrictions to access to land, energy and other resources as well as harassment and violence related to the influx of workers and security for energy projects. As highlighted by the Roundtable on the Rights of Women and Girls in the Energy Transition in Sub-Saharan Africa, women are underrepresented within the energy sector, particularly within leadership positions and those related to science, technology, engineering and mathematics (STEM), largely due to insufficient implementation of female-friendly and family-friendly public and company policies. Women are also largely absent in decision-making positions responsible for designing national energy strategies (DIHR). The lack of ‘comprehensive gender-disaggregated data’ within the energy sector (including renewables) exacerbates a gender-blind approach that disadvantages women significantly.
Adverse labour rights impacts can arise at each phase of the energy value chain, including in the form of forced labour. A salient example highlighted in a report by Helena Kennedy Centre for International Justice is forced labour used in the solar industry in the Uyghur Region. As the report emphasizes, the Uyghur region (XUAR) produces “45% of the world’s solar-grade polysilicon supply” and the solar industry is incentivized by the Chinese government through “the adoption of state-sponsored labour programmes in the Uyghur Region, meaning that it is nearly impossible to avoid forced-labour-tainted raw materials if they are being sourced in the XUAR under the current regime.” With growing awareness on the issue of forced labour, the Solar Energy Industries Association (SEIA), has launched a campaign featuring a pledge that companies can sign to ban forced labour from their supply chains.
Workers’ health and safety impacts are common and can be severe in the operations and across the value chains of the energy sector. These include severe impacts in XUAR, where environmental degradation, including air and water pollution, is linked to the photovoltaics supply chain. In particular, in the manufacturing of PV cells, there is a severe risk of leaks of the highly toxic silicon tetrachloride if operations are not properly managed (Foundation for Economic Education, OECD). In power and utilities activities, BSR notes that “hazards such as electrocution for grid operators, exposure to toxic substances for waste pickers, and inadequate protective equipment for indirectly hired employees. Long hours and shift work are also common, amplifying the possibility of human error. Contracted workforces are most vulnerable to such risks and for companies of the sector, contractor and supplier due diligence is an essential component of labor and human rights risks management.”
Finally, workers’ right to collective bargaining and freedom of association can be impaired in the energy supply chain. As pointed it out by BSR, “outsourcing practices and greater independence of contractors may lead to a decline in collective bargaining and the effectiveness of workers’ councils or representatives. This could reduce worker protection and exacerbate discrimination for vulnerable workers.” The use of contractors is common in the energy sector, so it is important for companies to do due diligence to ensure the rights to freedom of association and collective bargaining are respected and risks related to occupational health and safety and those associated with the use of security personnel are managed. Energy companies can use frameworks like the Building Responsibly Worker Welfare Principles and the Worker Welfare Toolbox from the International RBC Agreement for the Renewable Energy Sector (pending publication) in their contractor engagement and due diligence.
Strengthen and monitor respect for human rights in public procurement
Action by the Flemish Government:
…
The Flemish Authority will use public procurement to achieve its policy objectives, such as stimulating innovation, reducing human rights violations in the production chain, improving access to public procurement for SMEs and transitions to a circular and energy economy. – page 41
Pillar 1 / Strand 1: Training in the Field of Business and Human Rights
1.4 The Ministry of Energy will:
o Through the Division of Social Involvement and Dialogue, within the implementation framework of the Indigenous Chapter of the 2050 Energy Policy33, perform the following actions:
· Develop training sessions in renewable energy for indigenous leaders with focus
on business and human rights.
· Perform activities to transfer experiences and knowledge to companies, so that
they have information available for the development of energy projects in
indigenous contexts.
· Develop actions to train business enterprises about human rights and corporate
activity, focusing on indigenous rights and cosmovision.
· Train indigenous peoples about business and human rights. This initiative will be
performed in conjunction with the Indigenous Affairs Unit of the Ministry of Social Development, which will facilitate coordination between initiatives carried out by both institutions – page 31
Pillar 1 / Strand 2: Dialogue
2.4 The Ministry of Energy, through the Division of Participation and Dialogue, will promote the creation of formal and steady opportunities for dialogue between businesses and communities in localities where they expect to install energy projects. Aimed at a smooth management of these opportunities, the “Guide for Participation Standards in the Development of Energy Projects” will be available to promote the existence, from the public sector, of mechanisms allowing to decrease the asymmetries existing between the parties, such a registry of advisors and facilitators to be used by communities; a symmetry fund allowing to finance the advisors and facilitators; complaints mechanisms allowing to forward complaints to the authorities that the parties may have regarding compliance with agreements; dispute resolution mechanisms allowing to resolve through alternative methods any disagreements that may arise in the dialogue process. Efficiency criteria set out in Guiding Principle No. 31 will be included in the design of the complaint mechanism.
Additionally, the Ministry will promote the development of “local governance mechanisms” in the localities where energy projects are installed. They will be composed of representatives from the community, business enterprises, local authorities and other actors that the parties may consider relevant, with the purpose of carrying out dialogue processes aimed at decision making connected with local development initiatives that may be developed from the presence of an energy project within the territory. – page 34/35
Pillar 1 / Strand 4: Transparency and Participation
4.1 The Ministry of Energy will: o Encourage, within the framework of the Local Development Policy35, the participation of
communities in the different stages of the life-cycle of energy projects so that their interests may become known and be taken into consideration, as well as contributing to the general development of the localities receiving them. Diverse mechanisms will be promoted to facilitate participation (detailed in strand 2) and transparency in the processes carried out. Considering the above, an online Transparency Platform will be developed for communities to have access to the processes of dialogue that are taking or have taken place, the agreements reached and compliance, among other things.
o Include,withintheframeworkoftheIndigenousChapterofthe2050EnergyPolicy,in conjunction with the Ministry of Economy and the Indigenous Affairs Coordination Unit, business and human rights standards in the Indigenous Participation Guidance in the Development of Energy Projects.
o Promote, within the framework to implement the Indigenous Chapter of the 2050 Energy Policy, the right conditions for the social and technical viability of power generation projects, with total or partial participation in their ownership by the indigenous communities. – page 39/40
Pillar 1 / Strand 8: Legislation, Policies and Incentives
8.2. The Ministry of Energy will identify, promote and design the necessary mechanisms to implement the local development policy concerning energy projects. Among other things, the policy includes measures to support the assessment of impacts on the human rights of communities, and mechanisms to resolve the disputes that may arise between communities and business enterprises, within the context of the development of energy projects. – page 49
Pillar 2 / Strand 1: Contextual issues: Development of texts allowing business enterprises to understand the local context and the risks of potential negative impacts on human rights.
1.5. The Ministry of Energy will keep updated the standard guide for participating in the development of energy projects, and will prepare a guide for indigenous participation in the development of energy projects. It will also prepare the guide for local development of the localities where such projects are settled, which will drive the actions of business enterprises and communities about the contribution to development that can be offered by these institutions.
1.6. The Environmental Assessment Service will prepare the Guide for Describing the Human Environment with Gender Focus for the Assessment of Environmental Impact. Such Guide is meant for the owners of projects submitted to the SEIA. – page 53
Pillar 2/ Strand 2: Promotion of corporate due diligence in the field of human rights
2.2 The Ministry of Economy, Development and Tourism will:
Support the Ministry of Energy in the development of a Guide about the impact of projects on local communities, seeing to the integration of business and human rights standards into the development of projects within communities and, particularly, containing best practices about due diligence in human rights-related issues. – page 55
2.6 Within the framework of the Energy Policy, the Local Development Policy and the Chapter on Indigenous Relevance of Energy 2050, the Ministry of Energy will promote the development of mechanisms for the resolution of disputes between communities and business enterprises within the context of the development of energy projects, will may consist in, inter alia, mediation, redress or other mechanisms that may be relevant. – page 62
Notes
33. In the framework of the construction of the 2050 long-term energy policy, this chapter on Indigenous Relevance was formulated through a participatory process with indigenous representatives in accordance with Convention No. 169 of the International Labour Organisation, specifically as regards participation in the formulation, implementation and evaluation of national and regional development plans and programs that may directly affect them – as provided in Article 7, paragraph 1, of the said Convention. The process included local, macro-zone and national meetings with indigenous peoples’ institutions. The final document has been reviewed by CONADI National Council through its Energy Commission and is expected to be published in April 2017. – page 77
ii. Response of the national Government to mitigate the effects of Covid-19
c. Strategy “Together We Can Do It”.
Commitment to clean and sustainable growth: Within the framework of the principle “produce by conserving and conserve by producing”, the roadmap for sustainable growth is based on the issues of energy transition, combating the effects of climate change, reforestation and access to environmental information. – page 17
VI. BACKGROUND
In the framework of the implementation of the NAP 2015-2018, the following achievements within the “Protect” Pillar are highlighted: adoption of the human rights guidelines for the mining and energy sector by the Ministry of Mines and Energy through Resolution 40796 of 2018; – page 43
VIII. FUNDAMENTAL PILLARS
i. Fundamental Pillar 1: The obligation of the State to protect human rights
– The Ministry of Mines and Energy (Minminas) together with the National Hydrocarbons Agency, the National Mining Agency and the Mining and Energy Planning Unit (UPME) will form and implement the Human Rights and Energy Working Group.
– Minminas will formulate and implement gender guidelines for the mining and energy sector.
– Minminas will implement the lines of action that respond to the public policy on Human Rights in the sector, in coordination with the entities of the mining and energy sector.
– MinMinas will build the human rights risk map of the mining and energy sector in prioritised territories.
– The Ministry of Labour will formulate departmental plans for the eradication of child labour and the protection of adolescent workers within the framework of the CIETI.
– The Superintendence of Industry and Commerce (SIC) will formulate the entity’s comprehensive human rights policy.
– The Ministry of Agriculture and Rural Development will carry out actions for the formalisation of employability relations in the rural sector and basic minimum income, in accordance with the recognised rights of rural workers, taking into account a differential approach for the sector. – page 50
Articles 70-IV and 173-IV of the Act on Energy Transition for Green Growth of 17 August 2015 extended reporting requirements by introducing the concept of the circular economy and asking companies to provide information on how the use of their goods and services affected climate change. An implementing decree was adopted in August 2016 to clarify these obligations. – page 23
“With regard to Italy and taking into consideration the goals set for 2030, the adequacy of the effort to be put in place for de-carbonisation can only be assessed starting within the framework of the current Integrated National Energy and Climate Plan. This is a planning tool provided for by Regulation (EU) 2018/1999 on the EU Energy Governance adopted after assessment by all stakeholders, both institutional and private, and which represents the country’s commitment and contribution for the implementation of the so-called “Climate and Energy Package”.
An important accelerating factor for the strengthening and implementation of the measures identified in the PNIEC is the new National Recovery and Resilience Plan (PNRR), which gives the ecological transition a driving role in the relaunch of the country’s system. It assigns an important share of resources also for investments in sustainable mobility, renewable sources and energy efficiency, with a proper reference in mission n. 2 of the PNRR – “Green revolution and ecological transition”.
Further expanding the horizon to 2050, Italy has outlined its engagement path towards “climate neutrality” with a National Long-Term Strategy (LTS), also provided for in the aforementioned EU Energy Governance Regulation (EU) 2018/1999.
The Strategy incorporates virtuous energy-environmental trends triggered by the PNIEC from now until 2030 and identifies key levers to bring the Country to “zero net emissions.” It consists mainly of energy savings, mix of energy sources and new technologies to be developed in the short to medium term.
Being the PNIEC integrated in the PNRR, the transition from traditional fuels to renewable sources should be accelerated abandoning coal in favour of an increasingly renewable-based electricity mix with a residual and complementary rate of natural gas (and an increasing contribution of renewable gases: biomethane, hydrogen and synthetic methane).” (p. 39)
CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS
2.1 Introduction
Discoveries of oil and other natural resources present opportunities but also potential grounds for challenges to human rights such as those relating to sustainable land use, relations with local communities, and ensuring transparency and accountability in revenue streams, violation of local laws by foreign companies operating in the country. For example, the relationship between local communities and oil companies has raised a number of grievances on the part of the local communities revolving around community engagement, land use, environmental protection, employment, procurement and corporate social responsibility. – page 6
CHAPTER II. Actions to improve the duty of the state in protecting human rights
6. Improve occupational safety and health requirements and standards.
Actions and measures to be implemented:
(…)
Monitor and inspect the operations of enterprises in sectors with a high incidence of occupational accidents and acute poisonings (mining, extraction, construction, energy, road and transport, agriculture, warehousing) in phases and take measures to enforce occupational safety and health regulations and eliminate violations.
Time frame: 2023-2027
Criteria: Phased monitoring and inspections will be carried out and measures will be taken to enforce OSH regulations and eliminate violations
Implementing organisation: MLSP
Jointly implementing organisations: Relevant ministries and organisations, AGS, Governors of all levels.
11. Strengthen the legal framework to ensure citizens’ right to live in a safe and healthy environment, prevent and eliminate negative impacts on human rights in the implementation of mining, quarrying, heavy industry, road and transport and energy infrastructure projects, resettle land evictions, value their property and provide compensation
Actions and measures to be implemented:
Ensure and protect the right of pastoralists and citizens living in active mining, road construction, transport and heavy industry areas to live in a safe and healthy environment and be protected from pollution and loss of ecological balance, identify the scope of impact, assess laws and regulations and take measures to ensure and protect their right to information, property rights and cultural rights, and strengthen the duties and responsibilities of state institutions, local government bodies and business enterprises in preventing, monitoring and eliminating negative impacts.
Time frame: 2023-2025
Criteria: The methodology for the assessment of environmental damage and the calculation of compensation will be reviewed and necessary additions and amendments will be made in relation to the determination of the area of impact and compensation for damage. Proposals for improving the legal provisions will be developed and submitted for approval.
Implementing organisations: MMHI [Ministry of Mining and Heavy Industry], MET [Ministry of Environment and Tourism], MRPAM [Mineral Resources and Petroleum Authority of Mongolia]
Jointly Implementing organisations: Relevant ministries and organisations, MoJHA [Ministry of Justice and Home Affairs], MoC [Ministry of Culture], AGS [Authority of Government Supervisory], Secretariat of the NCHR [National Committee for Human Rights], Governors of all levels.
Evaluate the performance of laws and regulations governing relations related to land displacement, resettlement and forced eviction, and take measures to protect citizens’ land tenure rights and improve procedures for valuing property and calculating compensation.
Time frame: 2023-2025
Criteria: An assessment will be carried out and conclusions and suggestions will be made. Measures will be taken to improve the relevant procedures.
Implementing organisations: Ministry of City and Urban Development (MCUD), Agency for Land Administration and Geodesy and Cartography (ALAMGC).
Jointly implementing organisations: MET [Ministry of Environment and Tourism], MMHI [Ministry of Mining and Heavy Industry], MRTD [Ministry of Road and Transport Development], MoE [Ministry of Energy].
Assess relevant laws, regulations and standards related to urban planning and public services from the perspective of a human rights-based approach, take action to improve them, enforce implementation and increase accountability in case of violations.
Time frame: 2023-2025
Criteria: An assessment will be made and improvement measures will be carried out. Enforcement activities will be carried out.
Implementing organisations: MCUD, ALAMGC
Jointly implementing organisations: Governors of all levels.
The Nigeria NAP provides a list of existing constitutional obligations, domestic legislation, internation obligations, and police and administrative steps. This breakdown only looks at the list of challenges and the implementation of the 3 pillars of the UNGPs.
The Nigerian NAP on Business and Human Rights does not address the Energy Sector.
CHAPTER II – THE BUSINESS AND HUMAN RIGHTS SITUATION IN PERU
Some specific sectors have adopted CER (Communities and Renewable Energy) approaches to a greater extent, such as mining, hydrocarbons, energy and agriculture. In 2002, the SNMPE approved a Code of Conduct, which has been developed over the years with the incorporation of new principles in 2016 and 2018. – page 31
CHAPTER III- DIAGNOSIS AND BASELINE: AREAS FOR ACTION
A series of commitments by companies to respect human rights can be noted, commitments that have been translated into documents such as the “Guide for the Peruvian business sector on business and human rights”, prepared by CONFIEP and the Global Compact Peru, as well as codes of conduct, corporate policies and even management protocols, mainly in the mining, hydrocarbons, energy and agriculture sectors. – page 41
Principle 3(d): In meeting their duty to protect, States should: Encourage, and where appropriate require, business enterprises to communicate how they address their human rights impacts.
Slovenia also applies economic instruments of environmental policy, e.g. environmental tax, to reduce the environmental burden according to the ‘polluter pays’ principle. The environmental tax includes the fields of energy, transport, pollution and the use of resources. – page 21
IV. The corporate responsibility to respect human rights
B. Actions taken
State encouragement of respect by businesses for human rights
The Taiwanese government has launched a Green Finance Action Plan that identifies green energy technology and other key industries as top-priority recipients of financial institution support so that they can spur the achievement of energy conservation and carbon reduction targets and environmental protection goals. – page 11/12
Appendix 1: Concrete actions taken by Taiwan to fulfill the state obligation to protect
Government procurement
Article 26-1 of the “Government Procurement Act” stipulates that an entity may prescribe technical specifications in accordance with Article 26 to promote the conservation of natural resources and protection of environment, and adopt related measures to save energy, save resources, and reduce greenhouse gas emissions. Increases in project expenditures or technical service fees, if any, shall be incorporated into the project budget for approval when preparing the technical specifications or measures. – page 24
Article 25 of the “Greenhouse Gas Reduction and Management Act” stipulates that all levels of government, public education institutions, and government-run enterprises shall promote energy saving and use energy-efficient products or services to reduce GHG emissions. – page 25
Article 26 of the “Statute for Industrial Innovation” provides as follows:
Appendix 2: Concrete actions taken by Taiwan to ensure respect by businesses for human rights
Governments can provide information and support to enterprises. The Taiwan government has implemented several regulations and measures to provide enterprises with guidance and support, including the following:
To encourage the sustainable development of industries, the central authorities in charge of relevant enterprises may provide enterprises with grants or guidance to promote the following matters: (a) Assisting enterprises in adapting to international regulations for environmental protection and health and safety. (b) Promoting the development and application of technology relating to greenhouse gas reduction and pollution prevention. (c) Encouraging enterprises to improve the efficiency of their energy and resource consumption and to adopt relevant technologies that may recycle/renew energy/resources and save energy and water. (d) Production of non-toxic, less-polluting products and other products that reduce the burden on the environment. – page 31
The Taiwan Institute for Sustainable Energy cooperates with the government to develop renewable energy, strengthen the promotion of green finance and sustainable finance, and help enterprises to comply with the “Principles for Responsible Banking” and the recommendations of the “Task Force on Climate-related Financial Disclosures. – page 33
3.2 Action plan for community, land, natural resources and the environment
3.2.3 Action Plan (2019–2022)
Activities: Organize discussions and public hearing to receive people’s opinions, including from related ethnic groups in the area. The public and communities should get access to complete information and participate in decision-making processes easily, as well as giving comments on the evaluation of the effect on the environment, land expropriation considerations, land management and forest conservation of the government, etc. before undertaking any project, including large-scale projects relating to energy management, power plants, petroleum, and drilling for the exploration of natural resources, in order to encourage people and communities to have a role in determining project operation areas, considering the way of life and culture. – page 76
Activities:
Strengthen the current impact assessment process to be stronger, especially in large-scale development projects such as infrastructure and mining and energy projects. – page 80
Section III: AdditionalNational Action Plan Commitments
…
Table 6: Environment, Climate and Just Transitions Commitments
The US Agency for International Development will “elevate the role of workers, unions, and community leaders in just transition initiatives and work with partners to ensure labor organizations, trade unions, and impacted communities meaningfully participate in energy transition planning. USAID will support partners to pursue ambitious and equitable mitigation efforts to advance just transitions that will have economic, health, ecological, and social benefits. Such mitigation efforts will use an inclusive approach that empowers a broad range of stakeholders, including the labor movement and marginalized and underrepresented groups, to ensure shared and sustained outcomes as well as limit any negative impacts.” (p.35)
