根據非政府組織商業與人權資源中心（Business & Human Rights Resource Centre）周四發布的一份報告，自2021年以來，參與開采生態轉型所需礦物的中國公司被指控在中國境外犯下大量侵犯人權的行為。
該非政府組織稱，在2021年1月至2022年12月期間，有39家中國礦業公司牽涉到102起涉嫌侵犯人權和環境的案件。
“我們的數據顯示，在勘探、開采和加工過渡性能源礦產的過程中，侵犯人權和環境的情況很普遍… 這些傷害行為令在地小區首當其衝。”，該非政府組織的發言人說。
據法新社援引商業與人權資源中心的報告指出，在18個國家發生的所有涉嫌侵權案件中，印度尼西亞有27起，秘魯16起，剛果民主共和國12起，緬甸11起，津巴布韋7起等等。
報告稱，對中國企業的指控中有超過2/3涉及侵犯當地小區的權利，一半以上涉及對環境造成有害影響，包括水汙染、對野生動物的影響和阻礙水源取得；超過1/3的中國企業被控損害工人權利。
中國主導了對生態轉型至關重要的礦物的加工和提煉，特別是銅、鎳和鈷，這些礦物用於電池等。
據了解，印尼的狀況尤為嚴重。中國被控破壞印尼環境及侵害弱勢工人們的權利，電池生產公司對鎳的需求提升，令印尼環境汙染更加嚴重，另因工廠工作條件欠佳而加劇緊張局勢。
到2040年，全球對這些礦物的需求預計將增加六倍。因此，該非政府組織呼籲中國和接納其公司的國家采取 "緊急措施"，限製這種轉型的有害影響。
另外，北京政府雖已承諾不再於海外建設燃煤工廠，但商業與人權資源中心認為，這項綠色承諾“因海外業務運營帶來的嚴重人權風險而黯然失色”。
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
