根据非政府组织商业与人权资源中心（Business & Human Rights Resource Centre）周四发布的一份报告，自2021年以来，参与开采生态转型所需矿物的中国公司被指控在中国境外犯下大量侵犯人权的行为。
该非政府组织称，在2021年1月至2022年12月期间，有39家中国矿业公司牵涉到102起涉嫌侵犯人权和环境的案件。
“我们的数据显示，在勘探、开采和加工过渡性能源矿产的过程中，侵犯人权和环境的情况很普遍… 这些伤害行为令在地小区首当其冲。”，该非政府组织的发言人说。
据法新社援引商业与人权资源中心的报告指出，在18个国家发生的所有涉嫌侵权案件中，印度尼西亚有27起，秘鲁16起，刚果民主共和国12起，缅甸11起，津巴布韦7起等等。
报告称，对中国企业的指控中有超过2/3涉及侵犯当地小区的权利，一半以上涉及对环境造成有害影响，包括水污染、对野生动物的影响和阻碍水源取得；超过1/3的中国企业被控损害工人权利。
中国主导了对生态转型至关重要的矿物的加工和提炼，特别是铜、镍和钴，这些矿物用于电池等。
据了解，印尼的状况尤为严重。中国被控破坏印尼环境及侵害弱势工人们的权利，电池生产公司对镍的需求提升，令印尼环境污染更加严重，另因工厂工作条件欠佳而加剧紧张局势。
到2040年，全球对这些矿物的需求预计将增加六倍。因此，该非政府组织呼吁中国和接纳其公司的国家采取 "紧急措施"，限制这种转型的有害影响。
另外，北京政府虽已承诺不再于海外建设燃煤工厂，但商业与人权资源中心认为，这项绿色承诺“因海外业务运营带来的严重人权风险而黯然失色”。
Human rights abuses linked to Chinese investment in transition mineral projects overseas
https://www.business-humanrights.org/en/from-us/media-centre/human-rights-abuses-linked-to-chinese-investment-in-transition-mineral-projects-overseas/
As the energy transition gathers pace around the world, China is emerging as a significant player due to its dominance over the processing and refining of key “transition minerals” necessary for the shift to renewable energy. However, a new report published today (6 July 2023) has revealed significant human rights concerns associated with this overseas Chinese investment.
Published by the Business & Human Rights Resource Centre, the report identified 102 allegations of human rights and environmental abuses linked to Chinese overseas investment in transition mineral projects between 2021 and 2022. This included direct investment in the exploration, licensing, mining and processing of nine major minerals: cobalt, copper, lithium, manganese, nickel, zinc, chromium, aluminum and rare earth elements (REEs).
Many projects invested in by Chinese companies are located in resource-rich host countries, which often have weak governance and limited options for victims of abuse to seek remedy. This is accompanied by an absence of legislation in China mandating extra-territorial human rights and environmental due diligence, leaving workers and communities vulnerable to harms.
Key findings from the research included:
- The recorded allegations of abuse spanned 18 countries, with the highest number of abuses taking place in Asia (42%). A significant number also occurred in Latin America (27%) and Africa (24%).
- The country with the highest number of abuses was Indonesia (27), followed by Peru (16), DR Congo (12), Myanmar (11) and Zimbabwe (7). These five countries accounted for over 70% of all reported allegations and China is a major economic partner for them all.
- Copper is the mineral most frequently associated with allegations of abuse (33), followed by nickel (24).
- Human rights abuses against local communities and civil society organisations were rampant, making up 68% of all allegations. Workers’ rights were affected in 35% of allegations.
- Environmental harms featured in 53% of allegations of abuse.
- Only eight companies were linked to more than half (57%) of the total number of allegations of abuse. Only half of them have published human rights policies.
- Despite commitments to openness and transparency, the response rate among companies approached about human rights concerns linked to their operations was only 18%.
A spokesperson for the Business & Human Rights Resource Centre said: “China has shown commitment to the green energy transition by pledging to stop building coal power plants overseas and through Chinese companies’ significant investment in transition minerals necessary for the globe’s net-zero ambitions. However, this is overshadowed by the serious human rights risks associated with their overseas business operations.
“Our data shows human rights and environmental abuse is prevalent in the exploration, extraction and processing of transition minerals. Local communities are bearing the brunt of these abuses, with their livelihoods being affected, land rights being ignored and the erosion of Indigenous rights. Most companies don’t even have human rights policies in place, and those that do were linked to the highest number of allegations, indicating significant need for improvement when it comes to both policy and practice. Given their vital role in energy sectors globally, Chinese actors are well placed to lead a responsible energy transition. However, this can only be achieved if Chinese businesses and regulators take proactive measures to address endemic human rights and environmental abuses linked to transition minerals.
“Lack of company action risks leading to conflict, suspensions, delays and rising costs. There is an urgent need for existing business models to be transformed, enabling the delivery of a just transition which is to the benefit of companies, investors and local communities. Three core Just Energy Transition Principles – shared prosperity, respect for human rights and social protection, and fair negotiation – are essential to generate public support and deliver benefit to communities, workers and companies. As Chinese companies invest in transition mineral mining overseas, they take on a crucial responsibility of ensuring the transition to clean energy is not only fast, but also fair.”
// ENDS
Notes to editors:
- The Business & Human Rights Resource Centre is an international NGO that tracks the human rights impacts (positive and negative) of more than 10,000 companies across nearly 200 countries. We seek responses from companies when concerns are raised by civil society.
China: A Guide to a New Grievance Mechanism for the Mining Industry, with Emphasis on Chinese Corporations
By Accountability Counsel & Inclusive Development International
As of May 2023, people impacted by the mining industry have a new forum to raise environmental and social concerns. The new mechanism, called the Mediation and Consultation Mechanism for the Mining Industry and Mineral Value Chain, is also the first grievance mechanism applicable to many Chinese corporations engaged in the mining and mineral value chain. A person, community, organization, or company can file an application alleging that any actor in the mining and mineral value chain has not complied with international environmental and social standards and seek redress for negative impacts.
The Mediation and Consultation Mechanism was established by industry associations and is voluntary and consensus based, without a compliance review function. It does not have the power to require any party to participate in the process or enforce any agreement by the concerned parties.
This guide is designed to help explain the Mechanism’s procedures for individuals and communities harmed by corporate behavior. This mechanism is new, currently in the pilot phase, and has yet to manage any cases. Based on the mechanism’s written procedures, Accountability Counsel and Inclusive Development International offer this guide for people trying to understand what to expect from the mechanism, styled as commonly asked questions and answers. We will update this guide as and when more information becomes available.
Disclaimer: This guide is based on Accountability Counsel and Inclusive Development International’s independent interpretation of the Mediation and Consultation Mechanism Procedures. In case of any doubts, please refer to the original Procedures Document. All citations below refer to the Procedures Document.
- What is the Mediation and Consultation Mechanism for the Mining Industry and Mineral Value Chain?
- What official documents explain the Mediation and Consultation Mechanism for the Mining Industry and Mineral Value Chain?
- How is the mechanism managed and by whom?
- Who can file an application?
- Who can I file an application against?
- Can I only file an application in cases involving members of CCCMC and RCI?
- What types of applications are accepted?
- How do I file an application?
- What happens during the Mechanism process?
- Will there be independent fact-finding during the mediation process?
- How are the experts and institutions selected for the fact-finding and assessment processes?
- Can applicants have a representative advise them during the process?
- Can an applicant request confidentiality?
- Can the Mechanism require a respondent company to participate in the process?
- Does an applicant have to notify a respondent that it is planning to file an application?
- How long will the case process take?
- What are the potential outcomes of the mediation and consultation process?
- How will the Problem-solving Plan be implemented?
- Can the Secretariat monitor the implementation of the Problem-Solving Plan?
- What if community members who are impacted by a project fear or are facing reprisals?
- Does the mechanism cover the costs of the process?
- Where can I find information about my case and what information will be disclosed?
- How can I contact the Mechanism?
Timeline
