Answers

Name:

Gabriela Factor

Organisation:

Danish Institute for Human Rights

Response:

The Danish Institute for Human Rights welcomes the Danish Voluntary Contribution to the International Agency Clean Energy Transition Programme (CETP) with a view to ensuring universal access to promote energy efficiency and accelerating energy transition, and specially on their intended enhancement of the social and people-centred dimension of the energy transition trough international dialogue and thought leadership. While energy access is critical as a key driver for sustainable development, growth and poverty eradication and can play an important role in the realisation of many human rights such as the right to health, the right to a clean and healthy environment, the right to education etc., energy generation and transmission projects may also have adverse human rights impacts. DIHR acknowledge that CEPT integrates the social dimension of the energy transition such as affordability, gender equality and leave no one behind. However, it is suggested that human rights risks trough the value chain of renewable energy could also be identified more clearly in the Programme and human rights mainstreamed into the Programme. For example, risks of human rights abuses that are widely known and documented, including forced labour in supply chain of renewable technologies and installation of renewable energy plans, are not considered among risks identified in the CETP Strategic Framework. Moreover, human rights concerns connected to energy projects are described as a risk for the project, but human rights risks related to the policies or renewable energy projects developments and value chains affecting host communities and workers are not identified as a risk (see Section 8 Risk Management). This is particularly relevant because in all the countries listed in the document, such as Brazil, Mexico, Indonesia, South Africa and India, adverse human rights impacts on human rights, including on indigenous rights, threats and attacks to human rights and environmental defenders as well as forced labour have been reported, in relation to energy projects, mineral extraction for renewable technologies and, in the case of China, previous beneficiary of the CETP, in the processing and production of solar panels and other renewable energy components. DIHR welcomes the mention of Actions on Human Rights and Poverty Reduction including on “improved data for more well-informed decision make indirect 18 contributions to the general human rights principles of participation, accountability, non-discrimination and transparency” and would appreciate more explanation on how these principles are being promoted. In addition, we strongly recommend an increased focus on “do not harm” to be mainstreamed in the project design and its activities, with specific focus on ensuring the respect of all human rights of workers, communities including indigenous peoples and ethnic minorities in all the activities, policies and dialogue promoted by the CETP. Such measures could include, for example: - engaging with civil society organisations and unions who may have different priorities and perspectives than the private sector and government; - the inclusion of safeguards and conditions to promote responsible business conduct in the procurement of materials and components; and - ensure that social, environment and human rights impacts are fully considered and that effective and meaningful participation of communities affected be promoted rather than reduced or eliminated in the environmental licensing process or other regulatory requirements. The Ministry of Foreign Affairs could request CETP to consider impacts on gender and human rights of energy projects, especially in those implemented in areas of conflict and/or characterized by extreme poverty and the presence of indigenous, traditional and pastoralist groups. Also, it is important to request special attention on access to energy to rural communities, indigenous and ethnic minorities groups, and the intersectional challenges of indigenous, ethnic minorities and Dalit (in India) women and girls when designing access to energy and clean cooking programs. It is also strongly recommended to strengthen and upgrade the grievance mechanisms of the projects and programs supported by CETP in line with the effectiveness criteria set out in the UN Guiding Principles on Business and Human Rights. A timely identification of unintended negative impacts can prevent the escalation of conflict and avoidable harm to local communities.