The energy sector has seen an increased focus on renewable energy production in the last decade. However, as of 2019, oil, coal and natural gas represented 82% of total global primary energy production, a share that has barely changed since 1990 (UNstats); despite increases in renewable energy production, there have also been increases in non-renewable energy production. Consequently, energy production and use accounts for two-thirds of greenhouse gas emissions globally and is the biggest contributor to global warming (UNEP). The UN high-level dialogue on energy highlighted that a major challenge is the need to provide access to affordable and reliable energy to 760 million people worldwide who currently lack access to electricity. Without comprehensive energy decarbonisation, the 1.5°C goal set by the Paris Agreement on climate change will quickly get out of reach.
The Tracking SDG7: Energy Progress Report 2020 shows that international financial flows to the Global South in support of renewable energy has been increasing steadily in recent years, growing by around USD 1.6 billion per year. The report notes that in 2017 almost half of international public investment was directed to hydropower projects, followed by solar (19%), wind (7%) and geothermal (6%). The report emphasises that the private sector remains the main provider of capital for renewables projects, accounting for 86% of investments in the sector between 2013 and 2018. A report from Ren21 emphasized how Global South countries outweighed Global North countries in renewable energy capacity investment for the fifth year running, reaching USD 152 billion. The report shows that renewable energy investment varied by region, rising in the Americas, including the “United States and Brazil, but falling in all other world regions including China, Europe, India, and the Middle East and Africa”.
The International Energy Agency notes that with more than USD 820 billion invested in the global power sector in 2021, of which USD 530 billion was directed at renewables, the energy sector has the duty and potential to foster a just energy transition by further investing in renewable energy. To do so, the SDG compass urges businesses to prioritise energy efficient practices and increase investment in R&D for clean energy while embedding social strategies in their policies to ensure a just energy transition. By means of example, multi-stakeholder initiatives emerge for the development of best practices and due diligence commitments such as the Renewable Energy Sector Responsible Business Conduct Agreement.+ Read more
What National Action Plans say on Energy sector
- 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
· 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
Pillar 3 / Strand 2: State-Based Non-Judicial Mechanisms
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
|The Czech NAP does not make a direct reference to the Energy sector.
|The Danish NAP does not make a direct reference to the Energy sector.
THE NATIONAL FRAMEWORK
10. THE REINFORCEMENT OF LEGISLATION
|The Georgian NAP does not make a direct reference to the Energy sector.
|The Irish NAP does not make a direct reference to the Energy sector.
IV. Italian ongoing activities and future commitments
Climate change: “carbon neutrality” / “energy neutrality”
“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
|The Lithuanian NAP does not make a direct reference to the Energy sector.
3.3 Clarifying due diligence
Sector Risk Analysis
|The Pakistanese NAP does not make a direct reference to 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
2. Dialogue and exchange of knowledge and experience in implementing CSR
There are four categories of corporate activities that relate to corporate social responsibility: corporate governance, employees, the environment, and the product. The activities conducted within these categories may include: (…)
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.
|The Swedish NAP does not make a direct reference to the Energy sector.
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
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
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
|The United States NAP does not make a direct reference to the Energy sector.