Global Renewable Energy industry lacks human rights and labour rights protections

Renewable energy BHRRC cover part 2London-based Business and Human Rights Resource Centre (BHRRC) released a new report on September 5th : Renewable Energy Risking Rights & Returns: An analysis of solar, bioenergy & geothermal companies’ human rights commitments  . The report analyses 59 companies’ human rights policies and practices on five key areas: human rights commitment, community consultations, grievance mechanisms, labour rights and supply chain monitoring. It concludes that  “The current level of commitment by the majority of renewable energy companies is insufficient to prevent, address and mitigate human rights harms, especially as the sector rapidly expands.”

Concerning labour rights, only 36% of renewable energy companies were found to have policies committing them to core labour rights such as collective bargaining and freedom of association, 42% commit to  the prohibition of child labour and 41% to prohibition of  forced labour and modern slavery.  An aspect with resonance for Canadians, in light of the recent federal Court of Appeal decision against the Trans Mountain Pipeline, the report found that “less than 30% (17 out of 59) of renewable energy companies have a stated commitment to consultation with communities affected by their projects. Only 8 companies reference indigenous peoples’ rights and 4 companies have a commitment to free, prior and informed consent of indigenous communities.”  Overall,  47% of companies do not have basic human rights commitments or processes in place, and only 5 companies met a set of basic criteria on human rights, community consultation and access to remedy. These findings are consistent with a previous BHRRC  survey, reported in 2016.

Based  on its extensive research of the mining industry, BHRRC also states that “failure to respect human rights can result in project delays, legal procedures and costs for renewable energy companies, underlying the urgency to strengthen human rights due diligence.”   It calls for investors to step up their engagement in renewable energy companies to ensure better respect for human rights.

Read the press release here  for a summary of the report, and explore ongoing monitoring of human rights in the renewable energy sector here.

U.N. Working Group makes recommendations to protect human rights, labour rights in Canada

The United Nations Office of the High Commissioner for Human Rights released a  Statement at the end of visit to Canada by the United Nations Working Group on Business and Human Rights on June 1. This is a preliminary document – the official mission report will be presented to the 38th session of the Human Rights Council in June 2018, and should be worth watching for.  The preliminary Statement provides a summary of the results of fact-finding meetings with government officials, business organizations related to Canada’s mining and oil and gas industries, and Indigenous people. Most importantly, it makes a number of recommendations regarding human rights, labour rights, environmental and social impact consultation, and the right to consult for Indigenous people.

Some Highlights:

“Part of the backdrop to our visit were visible protests by indigenous communities to several large-scale development projects, such as the proposed expansion of the Trans Mountain oil pipeline, the construction a large-scale hydroelectric dam (Site C Dam), and continued expansion of development projects of extractives industries. Several of these cases have also been repeatedly raised by UN human rights human rights mechanisms, such as the situation of the Lubicon Cree Nation, whose territories are affected by extensive oil sands extraction. In several indigenous territories, extensive mining and oil and gas extraction are accompanied by significant adverse environmental impacts affecting the right to health.”

Regarding the established “duty to consult” with Indigenous people regarding mining projects, the Working Group encourages the Canadian government to ratify the ILO Convention No. 169 and for provincial and the federal government to promote more inclusive consultation regarding development projects.

The Working Group also urges the federal government to “follow up” on the April 2017 recommendations by the Expert Panel regarding Environmental Assessment in Building Common Ground: A New Vision for Impact Assessment in Canada  “to include indigenous peoples in decision-making at all stages through a collaborative process that is developed in partnership with impacted indigenous communities.”

Regarding the dam breach and tailings spill at the Mount Polley mine, the Working Group states: “We encourage the British Columbia government to complete expeditiously the impact study, continue to monitor closely the short-term and long-terms impacts of the tailings discharge, and communicate more widely their findings and proposed actions. Moreover, the provincial government should consult more broadly with indigenous communities who may have concerns about the breach and its impact on their lives. We also recommend the British Columbia government to consider establishing an independent body to assume compliance and monitoring of mining regulations, as recommended in the Auditor General’s report”.

Regarding the Westray Law, the Working Group states: “We heard concerns that the Westray law is not being properly implemented and enforced. We heard that there was a lack of coordination between key government parties, to secure sites of industrial accidents, for further investigation and inspection. We note that the Government of Alberta recently signed a new memorandum of understanding with ten police forces and Alberta Justice,  that defines protocols for notification, investigation and communication between departments when there is a serious workplace incident. Other provinces should follow Alberta’s lead”.

Regarding the need to protect the right to peaceful protest: “During our visit, we were told of the criminalization of peaceful protests and the use of security personnel and police to break up and arrest activists who were exercising their democratic right to protest against extractive projects both within and outside Canada. The government should work all relevant stakeholders to ensure more space for peaceful dissent and protest at home and abroad.”  And also: referring to Ontario and Quebec,  “we would encourage other provincial governments to develop similar Anti-SLAPP legislation. “

In conclusion: The Working Group revives a 2006 proposal for an Ombudsperson with a mandate to investigate allegations of business-related human rights abuse, and “we encourage the federal government to work together with provincial governments to develop a comprehensive national action plan on business and human rights. ”

For Oxfam Canada’s summary of the Working Group, see the Huffington Post article here , and here for the reaction of the Canadian Network on Corporate Accountability .

The Working Group Statement was also concerned with human rights abuses overseas by Canadian mining companies: see the analysis of the Working Group statement by Human Rights Watch here, or see “The ‘Canada Brand’: Violence and Canadian Mining Companies in Latin America“,  an extensive report in the Osgoode Law  Research Paper Series (December 2016).

Still advocating for Environmental Rights as Human Rights. Evidence from Alberta, and innovative proposals for Nova Scotia

The Pembina Institute recently compiled three case studies related to energy development in Alberta, in an effort to document the adverse effects on individuals, communities and regions that result from weak environmental laws or regulatory enforcement.  The Environmental Law Centre in  Alberta also  published a series of reports in late 2016, including a module, Substantive Environmental Rights , which discusses environmental rights as a human right. Since 2014, the Blue Dot campaign, led by the David Suzuki Foundation and Ecojustice ,  has been advocating for environmental rights to be enshrined in the Canadian Charter of Human Rights and Freedoms.

Now, from the Pembina Institute comes The Right to a Healthy Environment: Documenting the need for environmental rights in Canada.  It consists of:  Case Study #1:  Individual impacts of intensive hydraulic fracturing activity in rural Alberta   ;  #2 Community impacts of air pollution in urban central Alberta (related to coal-fired electricity plants), and #3 Regional impacts of oilsands development in northern Alberta   (which examines the rights of First Nations).

In Nova Scotia, the Nova Scotia Environmental Rights Working Group of the East Coast Environmental Law Association  released their proposed and innovative  Nova Scotia Environmental Bill of Rights  on April 21 2017.  The bill states that the people “have a right to a healthy and ecologically balanced environment”, and that the “primary responsibility” to protect and conserve that environment falls to the province.  It also states that “there is a history of environmental racism in Nova Scotia that has disproportionately and negatively affected historically marginalized, vulnerable, and economically disadvantaged individuals, groups or communities, particularly Indigenous People and African Nova Scotians”.  The bill is based on the Precautionary Principle, the Polluter Pays Principle, the Non-Regression Principle, the Intergenerational Equity Principle, and the Principle of Environmental Justice and Equity.  Nova Scotians go to the polls in a general election on May 30; a guide to the policy positions of the Liberal, Conservative and NDP parties is here at the CBC website.  According to the Ecology Action Centre in Halifax, the provincial NDP party has pledged to support an Environmental Bill of Rights .

 

 

 

 

Case studies of Community and human rights impacts of Renewable energy companies, and a ranking of multinationals in Ag/Food, Apparel and Mining

renewable energy investor briefing coverAn April 2017 report from the London-based advocacy group,  Business and Human Rights Resource Centre asks,  “What adverse impacts can renewable energy projects have on communities around the world?”   Renewable Energy investor briefing: Managing risks & responsibilities for impacts on local communities  (April 2017) is directed at financial and investment professionals who are considering investment in renewable energy projects- in this report, comprised of wind and small-to-medium hydro, but excluding solar .  It starts from the premise that Just Transition principles are essential, then explains the international human rights responsibilities of companies.  The report also provides examples of the kinds of questions that should be asked in shareholder meetings and before investment decisions are made, and gives examples of best practice policies – for example, inclusion of community benefits agreements.  One of the main issues it discusses is the right to free, prior and informed consent of Indigenous peoples, which is an ongoing topic monitored by the BHRC.

The report provides case studies, including  six positive examples, including: the Ixtepec community-owned wind project in Mexico; the Jeffreys Bay Wind Farm in South Africa; and  a cluster of wind projects in Jämtland, Sweden, for which OECD guidelines are being used in negotiations between the company and affected Indigenous people.  The full suite of case studies is presented in a searchable database which allows searching by company name, issue, country, and more.  There are no Canadian projects included in the 2017 report, although a profile of Ontario Power Generation  is available as part of the Centre’s ongoing database  of human rights in the energy sector  .

In March 2017, the Centre also launched an updated and expanded  Corporate Human Rights Benchmark website , which ranked 98 of the world’s largest publicly traded companies, from the  Agriculture, Apparel, and Extractive industries. The Benchmark is intended to drive a “race to the top” and is directed at business, government, and “ to empower civil society, workers, communities, customers, and the media with better public information to reward, encourage, and promote human rights advances by companies and make well-informed choices about which companies to engage with.”  A 50 page summary report is here .  There are six thematic measurement categories, including “ Company Performance: Human Rights Practices”  which  includes rankings related to living wage, freedom of association and right to bargain collectively, health and safety, amongst others.

The Women’s March was a huge success. Next up – Sustained Resistance

toronto women's march jan 2017.jpgUnionists were among the hundreds of thousands of Canadians who joined in the Sister Marches for the Women’s March in Washington on January 21, 2017 .  The Canadian Labour Congress statement of “Why we March” is here  .  Unifor’s President Jerry Dias  endorsed the March and called for a “united mobilization effort” against the Trump agenda.  The March was an undeniable success,  and the Washington organizers, quoted in a Globe and Mail report,  recognized:   “This is more than a single day of action, this is the beginning of a movement – to protect, defend and advance human rights, even in the face of adversity. ”

Jeremy Brecher of Labor Network for Sustainability tackles this issue for U.S.  labour unions in “How Labor and Climate united can trump Trump” . After cataloguing some of the worst threats under a Trump administration , he calls  for “an alliance of unions and allies willing to fight the whole Trump agenda”  and states: “Such a “big tent” needs to include unions that are not part of the AFL-CIO, such as SEIU, Teamsters, and National Education Association. Some unions may choose not to join because they are unwilling to take a forthright stand against the Trump agenda; it would be both absurd and catastrophic for that to prevent the rest of the labor movement and its allies from taking on a fight that is about the very right of unions to exist.”

The United Resistance, led by the  NAACP, Greenpeace USA, and the Service Employees International Union, is chief among these new alliances, pledging to “stand together”  on the issues of civil rights, immigrants, women’s reproductive rights, social equality, action on climate change, public health and safety, public dissent, and access to information. Their inspirational video is here , as well as a list of the alliance members. The AFL-CIO is not listed as a member of the United Resistance, though their recent blogs oppose Trump’s nominees, and they promoted the Women’s March.   For more about the United Resistance, see  “More than 50 Organizations Launch United Resistance Campaign as Trump’s Cabinet Hearings Begin”  in Common Dreams (Jan.10).

In a second article , SOCIAL SELF-DEFENSE: Protecting People and Planet against Trump and Trumpism ,  Jeremy Brecher borrows a term from the Solidarity movement in Poland 40 years ago, and takes a larger, more global focus.  He writes that “Social Self Defense includes the protection of the human rights of all people; protection of the conditions of our earth and its climate that make our life possible; the constitutional principle that government must be accountable to law; and global cooperation to provide a secure future for people.”  “Social Self-Defense is not an organization – it is a set of practices to be engaged in by myriad organizations, hopefully in close coordination with each other.”  Although the article highlights a number of examples, such as the growing Sanctuary movement in the U.S.,  and case studies of alliances, including  Vermont Labor Council Initiates Social Self-Defense ,  the overriding impact is to emphasize the scale of the task: “These actions appear to be on the way to being the greatest outpouring of civil resistance in American history.”