Reports AND PAPERS

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Looking Back, Looking Forward: Perspectives on the integration of indigenous peoples’ and forest peoples’ rights in EU law, policy and practice (Forest Peoples Programme, December 2024)

This new report reflects on the achievements and continued challenges for the integration of indigenous and forest peoples rights in EU law, policy and practice. It is a compilation of the perspectives of 15 representatives from a wide variety of backgrounds, from indigenous peoples and global south civil society organisations, to lawyers, campaigners and policymakers.

Stop and listen: Pathways to meaningful engagement with rightsholders in the global rush to mine for transition minerals (Business and Human Rights Resource Centre, December 2024)

Through case studies and analysis, this report demonstrates that failure to meaningfully engage rightsholders can lead to social unrest, conflicts, litigation and significant financial consequences for companies and investors – all threats to the swift energy transition on which fighting the climate crisis depends. On the other hand, corporate commitment to “meaningful engagement” can underpin an energy transition that is fast because it is fair: in other words, built on fair negotiations and true access to information; respect for human and environmental rights; and commitment to shared prosperity with mining-affected communities.

The Risks Posed by the Consolidated Mining Standard Initiative: a Civil Society Briefing for Automakers and other Downstream Purchasers (December 2024)

This brief is the product of a collective effort by civil society, Indigenous rights and labor organizations to communicate critical findings and underscore key risks posed by the Consolidated Mining Standard Initiative (CMSI) to communities, workers, ecosystems, investors and downstream minerals purchasers.

Securing Indigenous Rights in the Energy Transition: Preventing Harm, Ensuring Consent, and Promoting Equity in Transition Minerals Extraction (SIRGE Coalition, December, 2024)

The transition to a low-carbon economy, critical for combating climate change, relies on the extraction of essential minerals such as lithium, nickel, copper, and cobalt. Nevertheless, mining brings significant social, environmental, and health costs, disproportionately impacting Indigenous Peoples. At the recently held Indigenous Peoples’ Just Transition Summit, leaders from all seven socio-cultural regions presented the outcome document Indigenous Peoples Principles and Protocols for Just Transition which denounced mining and renewable energy projects for violating their rights and proceeding without Free Prior and Informed Consent on their territories.This response emphasizes these priorities, outlining pathways to safeguard Indigenous Peoples’ rights, health, and livelihoods across all phases of resource development.

Exploring shared prosperity: Indigenous leadership and partnerships for a just transition (Indigenous Peoples Rights International and the Business & Human Rights Resource Centre, October 2024)

This report explores the case for a renewable energy transition that centres Indigenous Peoples’ rights, interests, and prosperity, as determined by them, in pursuit of a global transition that is fast because it is fair and sustainable. Grounded in over 40 interviews with Indigenous Peoples, investors, and companies from around the world, the report highlights, through practical examples of benefit-sharing and co-ownership in renewable energy, as well as Indigenous Peoples’ lived experiences, the opportunity of these business models and their challenges and risks. As this report reveals, there is no one-size-fits-all model of benefit-sharing with Indigenous Peoples to ensure a just transition. However, private sector and state commitment to three key Just Energy Transition Principles are essential: shared prosperity, corporate human rights due diligence, and fair negotiations. This requires their commitment to core processes and practices that recognize Indigenous Peoples as equal partners in negotiation, design, and project implementation, ensure respect for their rights, including the right to Free, Prior, and Informed Consent (FPIC), and place value on Indigenous knowledge, experience, governance and decision-making processes.

The Battery Mineral Loop - The path from extraction to circularity (RMI, July 2024)

RMI lays out a comprehensive strategy to address the rising demand for battery minerals. Battery minerals are not the new oil. Even as battery demand surges, the combined forces of efficiency, innovation, and circularity will drive peak demand for mined minerals within a decade — and may even avoid mineral extraction altogether by 2050. These advancements enable us to transition from linear extraction to a circular loop, with compounding benefits for our climate, security, equity, health, and wealth.

Minimizing Mining Impacts on the Road to Zero Emissions Transport (Earthworks and The Institute for Sustainable Futures at the University of Technology, Sydney, July 2024)

The report documents case studies from across the globe that prove we can transition from fossil fuels, while decreasing our mineral demand and respecting the rights of mining frontline communities.

Unjust transition on trial: Communities and workers litigate to shape corporate practice (Business & Human Rights Resource Centre, July 2024)

The Business & Human Rights Resource Centre has documented 60 legal cases from around the world, dating from 2011. The cases have been brought by Indigenous Peoples, other communities, and workers directly impacted by human rights harms associated with the growth of the renewable energy value chain. More than 70% of these cases have been filed since 2018, highlighting an uptick in this type of litigation as the energy transition has picked up steam.

The report highlights cases brought against the private sector and/or states in transition mineral mining and three renewable energy sectors (solar, wind, and hydropower). These cases were found to be challenging a wide range of harms, including allegations of environmental abuses (77% of cases), water pollution and/or access to water (80%), and abuse of Indigenous Peoples’ rights (55%) - particularly their right to free, prior and informed consent (FPIC) (35%).

In addition, nearly 80% of these cases sought or are seeking to permanently or temporarily halt the project in question due to the alleged human rights and environmental abuses, particularly where firms have failed to properly consult hosting communities. The rising number of legal challenges is a global concern, revealing that disregard for the human rights of host and frontline communities is likely to derail the much-needed clean energy transition.

We don’t need deep-sea mining (Environment America, U.S. PIRG Education Fund, & Frontier Group, June 2024)

This report shares the risks and harmful impacts of deep-sea mining, including the destruction of vibrant ecosystems. The report also highlights circular economy strategies for a responsible and clean energy transition.

The Impact of the Bauxite Boom on People and the Planet (Mighty Earth, June 2024)

This report examines the environmental and social impacts of bauxite mining for aluminum used in electric vehicle (EV) production in four key producing countries: Indonesia, Brazil, Guinea, and Australia. With the demand for aluminum expected to double by 2050, the report calls on the world’s biggest bauxite producers to commit to responsible mining and for global EV manufacturers to ensure their global supply chains are not driving human rights abuses, deforestation, and environmental harm.

Beyond Offsets: People and planet-centred responses to the climate and biodiversity crisis (Forest Peoples Programme, May 2024)

The report provides an overview of six channels for non-market approaches: direct support for Indigenous-led funds, adaptive payment for performance systems, development assistance and philanthropic programming, in-setting and contribution claims, debt cancellation, reparations and debt-for-nature deals. It assesses the relative merit of each approach against a core set of principles, including international human rights and environmental law, good governance norms, transparency, mutual accountability and environmental justice.

Short circuits: Exploring the broken links of mineral supply chain policies in the electric vehicle industry (Rainforest Foundation Norway, May 2024)

The report examines the commitments, policies, and practices of major automakers and battery manufacturers in deforestation and biodiversity, human rights and environmental due diligence for their mineral supply chains, and ensuring respect for the rights of Indigenous Peoples in supply chains.

Transition Minerals Tracker: 2024 Global Analysis (Business and Human Rights Resource Centre, May 2024)

Updated annually, the Business & Human Rights Resource Centre’s Transition Minerals Tracker has been documenting allegations of abuse linked to key transition minerals since 2010. This year’s edition spotlights the human rights implications of mining seven minerals key to the energy transition: bauxite (newly added) cobalt, copper, lithium, manganese, nickel, and zinc.

Mapping critical minerals projects and their intersection with Indigenous peoples' land rights in Australia (Centre for Social Responsibility in Mining, Sustainable Minerals Institute, and The University of Queensland, May 2024)

Vastly increased quantities of minerals and metals are needed to scale up renewable energy technologies. Indigenous peoples globally are voicing concerns about how this will affect the speed and scale of mining and renewable energy development on their lands and territories. This paper delineates areas of Australia where Indigenous peoples' interests in land are formally recognized under legislation. These areas are overlayed with critical minerals project information to calculate intersections across 14 commodities. The paper argues that critical minerals policies must consider Indigenous peoples' rights and interests in land upfront – not as an afterthought. To date, Indigenous peoples have not shared equitably in the wealth generated by mining Australia's mineral endowment. Inequitable outcomes will continue without major policy reform.

Lead The Charge’s 2024 Leaderboard Report: The Race to Cleaner Automotive Supply Chains (February 2024)

This is the second annual Leaderboard on automotive supply chains, published by the Lead the Charge campaign. The Leaderboard evaluates 18 of the world's leading automakers on their efforts to eliminate emissions, environmental harms, and human rights violations from their supply chains. This report summarizes and analyzes the key findings from the Leaderboard, highlighting progress and gaps, calling out leaders and laggards, and identifying challenges and opportunities for the year ahead.

Limiting environmental damage, human rights abuses and Indigenous Peoples’ rights violations: Civil society guidelines for the implementation of the EU Critical Raw Materials Regulation (European Environmental Bureau - EEB, February 2024)

The following guidelines have been collaboratively crafted by multiple civil society organizations comprising the Raw Materials Coalition. These guidelines offer an insightful overview of four primary subjects addressed within the Critical Raw Materials Regulation (CRMR).

The Human and Climate Costs of Indonesia's Nickel Industry (Climate Rights International, January 2024)

Climate Rights International released a report on the harmful impacts of nickel mining in Indonesia, including violation of Indigenous and human rights of local communities, significant deforestation, air and water pollution, and greenhouse gas emissions that contribute to the climate crisis.

Remining for the Energy Transition (Earthworks, Transport and Environment, and Earthjustice, January 2024)

In this report, Earthworks, Transport and Environment, and Earthjustice highlight the potential of remining to help meet the increasing demand for transition minerals. However, further study and stronger regulations are necessary before this new innovation can support a safe, just, and sustainable clean energy transition.

Developed to assist policy makers and technical experts in initiating discussions with environmental and human rights leaders, as well as representatives of impacted communities, “Remining for the Energy Transition” dissects what is known and unknown about remining today: how renewable energy minerals can be recovered from mine waste deposits, its possible benefits and dangers, and practices that best reinforce gains and mitigate risks.

The Environmental and Social Impacts of Lithium Extraction in Imperial Valley (Earthworks, November 2023)

A comprehensive examination of the environmental justice challenges and potential hazards facing frontline communities amidst the booming demand for lithium.

Recharging Community Consent: Mining companies, battery minerals, and the battle to break from the past (Oxfam, September 2023)

This policy brief examines the publicly available policies of 43 companies engaged in the exploration and production of five minerals used in rechargeable lithium-ion batteries: cobalt, nickel, lithium, graphite, and copper. It is the first policy brief of its kind to focus on companies extracting these transition minerals.

Achieving Zero Emissions with More Mobility and Less Mining (Climate + Community Project, January 2023)

Large-scale mining entails social and environmental harm, in many cases irreversibly damaging landscapes without the consent of affected communities. As societies undertake the urgent and transformative task of building new, zero-emissions energy systems, some level of mining is necessary. But the volume of extraction is not a given. Neither is where mining takes place, who bears the social and environmental burdens, or how mining is governed.

This report finds that the United States can achieve zero emissions transportation while limiting the amount of lithium mining necessary by reducing the car dependence of the transportation system, decreasing the size of electric vehicle batteries, and maximizing lithium recycling. Reordering the US transportation system through policy and spending shifts to prioritize public and active transit while reducing car dependency can also ensure transit equity, protect ecosystems, respect Indigenous rights, and meet the demands of global justice.

Energy transition minerals and their intersection with land-connected peoples (Nature Sustainability, December 2022)

This paper characterizes the competing sustainability objectives found at the intersection between mining for the energy transition and territories less impacted by the historic forces of industrialization. The focus of the analysis is the lands of Indigenous peoples and peasants as reflected in the United Nations Declaration of Indigenous Peoples (UNDRIP)17 and the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP).

The (Un)just Use of Transition Minerals: How Efforts to Achieve a Low-Carbon Economy Continue to Violate Indigenous Rights (University of Colorado Law School, 2022)

This report provides a summary of the rights violations from mining and how mining uniquely impacts Indigenous Peoples, as well as new and developing domestic policies that incentivize the transition to a low-carbon economy, the need for these policies to consider the full impact on Indigenous Peoples. It also provides a framework of global standards and policies that shape corporate respect for Indigenous and human rights and discusses the ways that national governments, corporate leadership, and other stakeholders must meaningfully incorporate international frameworks for Indigenous Peoples’ rights into their laws and policies.

Safety First: Guidelines for Responsible Mine Tailings Management (Earthworks, May 2022)

The safest tailings facility is the one that is not built. To avoid the long-term liability of mine waste sites and their social and environmental impacts, we must reduce the volume of tailings produced, as well as the overall demand for primary raw minerals.

Just Minerals (Earthworks, June 2021)

Safeguarding protections for community rights, sacred places, and public lands from the unfounded push for mining expansion. Why a responsible renewable energy transition hinges on mining law reform.

The Role of Critical Minerals in Clean Energy Transition (The International Energy Agency, May 2021)

The IEA examines the full spectrum of energy issues including oil, gas, and coal supply and demand, renewable energy technologies, electricity markets, energy efficiency, access to energy, demand side management, and much more. Through its work, the IEA advocates policies that will enhance the reliability, affordability, and sustainability of energy in its 30 member countries, 8 association countries, and beyond.

Reducing New Mining for Electric Vehicle Battery Metals (Earthworks, April 2021)

This research investigates the current status and future potential of strategies to reduce demand for new mining, particularly for lithium-ion battery metals for electric vehicles.

Recharge Responsibly: The Environmental and Social Footprint of Mining Cobalt, Lithium, and Nickel for Electric Vehicle Batteries (Earthworks, March 2021)

This report is designed to inform downstream battery metal users of key environmental, social, and governance issues associated with the extraction and processing of the three battery metals of principal concern for the development of electric vehicles and low-carbon energy infrastructure—lithium, cobalt and nickel—and to offer guidance on responsible minerals sourcing practices. This report reflects and summarizes some of the key concerns of communities impacted by current and proposed mineral extraction in hotspots around the world: Argentina, Chile and the United States for lithium; Papua New Guinea, Indonesia and Russia for nickel; and the Democratic Republic of Congo for cobalt.