For a just energy transition, we need to recognize the rights of indigenous peoples
The energy transition depends heavily on new technologies that include essential minerals. Semi-conductors that are used in solar panels and wind turbines make use of silicon, gallium arsenide, and cobalt, for instance. But the extraction of these minerals often affects vulnerable indigenous people. Their human rights are at stake, which is why Stephanie Bijlmakers investigates how companies in the supply chain of semi-conductors can be held to account.
“The demand for semi-conductors is accelerating, as is the demand for minerals that are essential for their production,” Bijlmakers explains. “But although there is recognition for the need to ensure the long-term supply of these minerals, the negative impacts of their extraction on human rights and the environment have so far been neglected. Most of these essential minerals are found in the Global South where vulnerable people are disproportionately affected.”
Essential indigenous expertise
Bijlmakers aims to raise awareness for this omission (at the very least). Often amongst the poorest and marginalized, indigenous people are in an especially vulnerable position. For instance, their lands can be seized and their livelihoods destroyed by corporate actors. However, they also have essential expertise on the impact of mining activities and on how to best manage their lands, resources and forests, Bijlmakers points out.
In order to realize a just energy transition, the human rights of indigenous people need to be recognized by the companies involved in the supply chain of semi-conductors
“In order to realize a just energy transition, the human rights of indigenous people need to be recognized by the companies involved in the supply chain of semi-conductors,” she says. “These companies must inform and consult them, or those who represent them, and respect their rights as set out in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) – including the possibility of the restitution of land or land ownership rights.”
Human Rights Due Diligence
More generally Bijlmakers investigates how the supply chain of semi-conductors should be regulated to prevent and address negative impacts on people and their rights due to mining activities. The semi-conductor ecosystem is subject to various laws, but Bijlmakers found that strong Human Rights Due Diligence law is essential in achieving a just energy transition. Both the public and private systems that govern the semi-conductor supply chain can improve adherence to this principle, which is said to have become the new lingua franca in the business and human rights domain. HRDD is recognized in the UN Guiding Principles on Business and Human Rights, which the UN Human Rights Council adopted in 2011.
Strong role for the Netherlands?
This is especially relevant to the Netherlands as a leading supplier of lithography technology that is used by chipmakers around the world. The Netherlands has committed to accelerating the energy transition and seeks to be a leader in implementing responsible conduct in raw material supply chains. Moreover, the Netherlands has been at the forefront of important developments in the business and human rights domain. Bijlmakers and prof. dr. Nicola Jägers looked into the draft Dutch Bill on Responsible and Sustainable International Business, and found that this bill falls short in recognizing the rights of indigenous peoples and ensuring their meaningful engagement. It does go beyond the European initiative for a Due Diligence Directive in other respects, says Bijlmakers, but there remains work to be done. “By adopting a strong HRDD law in combination with other measures, the Netherlands can make a difference for indigenous people in the semi-conductor supply chain.”
Dr. Stephanie Bijlmakers’ research is funded by a Starter’s grant and forms part of one of Tilburg Law School’s four dedicated research strategies: Regulating Socio-Technical Change.