13th United Nations Forum on Business and Human Rights

Snapshot co-organized by the Working Group on Business and Human Rights, SOMO (the Centre for Research on Multinational Corporations), and Asociación Interamericana para la Defensa del Ambiente (AIDA) – Latinoamérica  

Topic
The session aims to unveil pathways towards a just energy transition, highlighting the legal empowerment of communities and broadening access to justice through an enriched dialogue within a smart mix of measures.

Focus
We aim to explore legal strategies that can promote a just transition by empowering communities to ensure access to justice. We also aim to delve into the symbiosis interplay of decolonisation, decarbonisation, and decentralisation, enriched while addressing environmental racism and embedding gender and intersectionality perspectives. These principles not only advocate for the dismantling of historical power imbalances but also underscore the importance of fairness,     inclusive decision-making and restorative justice for Indigenous and marginalised communities.

Objectives
The primary objective of this session is to showcase case studies and legal strategies attempted by Global South communities that have challenged the unfairness of the energy transition while also championing the rights of local communities, with a focus on the irresponsible disengagement of carbon fossil fuel industries. This session aims to leverage (legal) strategies in a multi-stakeholder dialogue, to build a sustainable and just future.
We strive to unravel the intricate link between environmental justice and human rights and inspire States and corporate entities to adopt progressive, community-centred and innovative strategies to stop abusive practices. These strategies must prioritise community engagement, uphold respect for the rights of Indigenous and marginalised groups, provide tangible remedies for any adverse impacts of business activities, and demonstrate why responsible closure of carbon fossil fuel industries is not only fair for local communities but also desirable for our planet and societies.

Background documents:
Summary of regional event on just transition and climate litigation that we organized last year in Bogotá: https://aida-americas.org/es/encuentro-latinoamericano-sobre-litigio-climatico-y-transicion-energetica-justa-resumen-de-memorias (in Spanish)

Reflections from Colombia for a Just Energy Transition: document with reflections that make visible specific projects, public policies and regulations that hinder a true just transition by deepening the extraction and use of fuels that aggravate the climate crisis and imply social and environmental risks in the territories. They are collective reflections, supported by other international organizations that, like AIDA, seek climate justice and work to defend the environment and human rights. https://aida-americas.org/es/reflexiones-desde-colombia-para-una-transicion-energetica-justa (in Spanish)

Report that sets out five reasons why coal mining and burning must end from economic, political, environmental, climate and human rights perspectives. In addition, it presents arguments in favor of the decarbonization of Latin America's energy matrix through a process framed in climate justice that respects human rights and gender equality. https://aida-americas.org/es/carbon-un-combustible-condenado-al-entierro-el-final-de-una-era-y-la-promesa-de-una-transicion-justa (in Spanish)
https://www.stakeholderdemocracy.org/wp-content/uploads/2021/11/Full-report-Delta-Divestments.pdf

This research analyses the changing context driving divestments and raises several questions about the responsibility of International Oil Companies (IOC) to address the toxic legacies and the implications for communities in the Niger Delta and Nigeria writ large. This includes whether Domestic Oil Companies (DOCs) can improve the performance of the IOCs or if new dynamics could emerge, exacerbating the impacts on citizens, the environment, and the economy.
https://www.stakeholderdemocracy.org/wp-content/uploads/2016/06/Addressing-the-South-Souths-Environmental-Emergency.pdf

This paper calls for a high profile intervention on environmental issues to avoid Nigeria slipping further into conflict in the North and South. The paper argues that any discussion on sustainable development, prosperity and economic security in the Niger Delta must recognise the economic importance of the services provided by local ecosystems. Equally, the paper argues that discussion related to the stability of the Niger Delta region must recognise that the loss of sustainable livelihoods as a result of environmental degradation has been a major contributor to the conflict in the Niger Delta over recent years.
https://www.somo.nl/shells-reckless-divestment-from-niger-delta/
https://www.somo.nl/selling-out-the-niger-delta/