Green Colonialism: the Human Right Costs of “Fair Energy Transition”

Research Article
Written By Adriana Castro

Abstract

In the pursuit of limiting global warming to 1.5°C above pre-industrial levels by 2030, there is an increasing reliance on environmentally focused projects, particularly those necessitating minerals for the energy transition. These minerals are often located within Indigenous territories, raising significant concerns about the exploitation of their lands within the framework of the Western climate strategy.

Photo Cr: redcharlie (Unsplash)

1. About Green Colonialism

The fight against climate change necessitates a collective effort that transcends geographical boundaries, particularly among Global South nations, many of which are home to Indigenous and Tribal Peoples. This population bears the disproportionate impacts of climate change, despite contributing minimally to global carbon emissions.

In the case of Latin America and the Caribbean, Indigenous peoples represent 10% of the total population (IDB, n.d.). They are crucial to safeguarding the environment because of the special bond with their territories. This bond has been recognized by different regional human rights systems, for example the Inter-American Court of Human Rights and the African Court on Human and Peoples' Rights. This recognition involves the supportive role of their territories and the cultural and spiritual bond with their ancestral lands. Due to this bond, over generations, Indigenous and Tribal Peoples have monitored environmental changes and developed community-based climate change adaptation measures (UNHCR, 2020). These measures rely on nature-based solutions that aim to have minimal environmental impact and promote self-sustaining ecosystems (UNHCR, 2020). Despite this crucial role, Indigenous and Tribal Peoples are endangered by the so-called remedy to fight climate change, known as the “fair energy transition”. 

However, this so-called remedy involves brand new colonialism measures. Green colonialism refers to the contemporary phenomenon where countries, particularly those in the West, endeavor to limit global warming to 1.5°C above pre-industrial levels by 2030 (IPCC, 2018). In pursuit of this goal, governments and enterprises are increasingly embracing environmentally focused projects, such as those involving minerals essential for energy transition or wind power. Yet the implementation of these projects poses a significant risk of exploiting Indigenous territories, resources, and communities. Minerals like nickel, lithium, cobalt, and copper, often dubbed the "white gold" of the energy transition, play a crucial role in supporting products like electric car batteries (IAEA, 2018).  

2. Green Colonialism and Indigenous Peoples 

In the face of challenges posed by climate change, it is crucial to acknowledge the stark imbalances in emissions accountability. North America and Europe, responsible for nearly half of all emissions since the Industrial Revolution, sharply contrast, for example, with Sub-Saharan Africa, contributing only 4% (World Inequality Report, 2022). This glaring inequality underscores the disproportionate burden on the non-rich Global South nations. Within this context, the role of Indigenous Peoples becomes increasingly critical. As custodians of 80% of the world's biodiversity, their pivotal position emphasizes the significance of their territories (UNHCR, 2020). However, the systemic exclusion of these communities from significant participation in climate discussions undermines the effectiveness of global initiatives. An illustrative instance of this systemic exclusion is evident in "green colonialism," particularly associated with the exploration of new energy sources in indigenous territories.

As Hossain points out, the Westphalian model of International Law excludes Indigenous Peoples as an international subject based on the principle of territorial sovereignty (2021, p.11). So, when defining the politics around fighting climate change, the States are the main international subjects deciding the environmental future under an occidental scope of development. This implies, as Lyon and Westoby refer to, that market-based responses to climate emergencies have become the "new salvation" for sustainable futures (2014, p.13). In that sense, the authors point out that international private sector investment is associated with "green forms" of development claiming to have environmental benefits (2014, p.13). 

According to Melton, this economic sector has focused, especially, on UN decarbonization objectives, increasing the utilization of renewable energies, investing in hydrogen technologies, and advocating for the adoption of electromobility (2022, p.138). This rising need for renewable energy also signifies a growing requirement for specific raw materials like cobalt, rare earth elements, and lithium (Melton, 2022, p.139). In other words, this ongoing energy transition- significantly progressed in the Global North- is directly linked to the increasing demand for specific strategic raw materials in Latin America, particularly within Indigenous Peoples' territories (Melton, 2022, p.140).

In this context, the concept of "green colonialism" or "green extractivism," as highlighted by Dietz, pertains to the critique of capitalist extraction and appropriation of raw materials, natural resources, and labor in the Global South in the context of transitioning towards a green technological energy shift (2024, p.57). The author points out that "green" does not imply environmentally respectful and socially just use but rather the restructuring of sectors such as trade, energy, and transportation to align with a green economy (2024, p.57). As Jerez et al. mention, this phenomenon involves powerful enterprises seeking to exploit natural resources within Indigenous Peoples' territories, appealing to a "green" narrative, without respecting their collective rights such as free, prior, and informed consultation (2021, p.2). The author emphasizes that this situation has created a lithium fever that, in Latin America, has especially impacted local communities and indigenous peoples in rural areas (2021, p.3).

In this context, in 2017, Peru witnessed the discovery of its first lithium deposit in volcanic rock, specifically at the Falchani and Quelccaya Project, as reported by the Geological, Mining, and Metallurgical Institute (INGEMMET) (El Economista, 2019; Rumbo Minero, 2019). During that year, 5,831 mining concession applications were recorded—a number that increased to 6,944 in 2018. It means that following the discovery of this deposit, there was a 19% surge in concession applications. Moreover, it is worth noting that in May 2023 alone, a total of 1,294 mining concession applications covering 503,024 hectares were submitted. Remarkably, 11.98% of these applications were concentrated in Puno (INGEMMET, 2023). However, as will be seen in the next section, these projects entail serious human rights problems, invisibilized by this green narrative.

3. A Green Colonialism example: The Falchani and Quelccaya Lithium projects

The Lithium Falchani and Quelccaya Project- and the Macusani Uranium Project-, located in Carabaya (Puno), are currently in the exploration stage. The presence of uranium in this area was identified in the 1980s by the Peruvian Institute of Nuclear Energy (IPEN) (EJ Atlas, 2022). Initially, Canadian companies Vena Resources and Frontier Pacific obtained exploration permits for 30,000 hectares of uranium under the Macusani Uranium Project, which were later acquired by Global Gold (EJ Atlas, 2022). In 2017, during their uranium exploration activities, this company discovered lithium and became Macusani Yellowcake. However, these resources were found in exploration activities that needed environmental certification and did not go through a free, prior, and informed consultation process (EJ Atlas, 2022; Wayka, 2020).

In May 2021, Canadian company American Lithium acquired Plateau Energy Metals, the owner of Macusani Yellowcake, and made it its subsidiary (EJ Atlas, 2022). In 2019, Macusani Yellowcake was fined with two administrative penalties, totaling S/2,301,962, by the Environmental Assessment and Oversight Agency (OEFA) because they carried out exploration activities without the corresponding authorizations (EJ Atlas 2022; La República, 2023). Additionally, the company faced legal proceedings in Canada since May 2021 before the Ontario Securities Commission (OSC) for not timely informing its investors about the litigation with INGEMMET regarding the ownership of 32 of its 151 mining concessions, including the Falchani lithium project and the Macusani uranium project (EJ Atlas 2022; La República, 2023). Although American Lithium assured that Plateau, as its subsidiary, would continue to defend this administrative process, a Canadian court approved a settlement agreement that required the company to pay a fine of 750,000.00 dollars (EJ Atlas, 2022; La República, 2023). Notably, in November 2023, American Lithium's ownership of the disputed 32 concessions with INGEMMET was confirmed (Gestión, 2023).

According to the investigation "The Face of Lithium and Uranium in Puno" (2022), by the NGOs Human Rights and Environment (DHUMA) and Earthrights International, these projects could potentially affect the communities of Isivilla, Tantamaco, Corani, Chimboya, Paquaje, Chacaconiza, and Quelccaya. These peasant communities belong to the Indigenous Peoples of the Quechua ethnic group. They are primarily involved in alpaca breeding, along with engaging in artisanal processing activities related to alpaca fiber and meat. Additionally, they participate in agricultural activities (2022, p.57). According to the report, based on preliminary technical studies prepared for the involved companies and based on the typical impacts of uranium and lithium mining, the Falchani and Macusani projects could generate significant environmental and health impacts by affecting local water sources and the human health of the population located in the extractive project's area of influence (DHUMA & Earthrights International, 2022, p.57).

Regarding water sources, the world's largest tropical glacier, Quelccaya Glacier, would be affected. This is an important Apu (sacred mountain) for the local communities and a water source for lagoons, streams, and rivers that supply freshwater to the entire Puno region (DHUMA & Earthrights International, 2022, p.57). The Quelccaya exploration project included in its Environmental Impact Assessment (EIA) a part of the Quelccaya ice cap within the indirect influence area. Furthermore, nearby concessions owned by American Lithium directly overlap with the center of the snow-capped mountain (DHUMA & Earthrights International, 2022, p.57). It is worth noting that, in May 2023, the EIA of the Quelccaya exploration project received approval from the General Directorate of Mining Environmental Affairs (DGAAM) of the Ministry of Energy and Mines (MINEM) (Rumbo Minero, 2023). Despite the impact on the way of life of the Quechua communities, no free, prior, and informed process was conducted.

Concerning human health, one of the most worrisome elements is the presence of uranium. While the discovery of these lithium deposits in Puno could place Peru in the "lithium triangle" formed by Argentina, Bolivia, and Chile, the difference is that in Peru, lithium is found in volcanic rock along with uranium (DHUMA & Earthrights International, 2022, p.56). Uranium generates excessive radioactivity when exploited, which can expose workers and the local population to high radiation levels during extraction activities. Since uranium is present throughout the Macusani plateau, any lithium extraction operation could likely involve uranium leaks as a byproduct (DHUMA & Earthrights International, 2022, p.57). The report also points out that the projects would irreversibly damage the rock paintings in the Corani Macusani Rock Art Archaeological Landscape, declared as Cultural Heritage of the Nation in 2005. However, as of 2022, according to the mentioned NGOs, both the Ministry of Culture (MINCU) and the Ministry of Energy and Mines (MINEM) have not responded to requests for updated information regarding these paintings (DHUMA & Earthrights International, 2022, p.57).

4. Conclusions

The concept of "green colonialism" introduces a contemporary challenge where initiatives to combat climate change, particularly those involving essential minerals for the energy transition, pose a significant risk of exploitation of Indigenous territories, resources, and communities. The so-called "fair energy transition" emerges as a potential threat rather than a remedy for Indigenous Peoples. This situation, especially in Latin America, has been exacerbated due to the demand for lithium for electromobility. The case of the Falchani and Quelccaya lithium projects in Puno, Peru, exemplifies the challenges of green colonialism. The lack of free, prior, and informed consultation, as well as potential environmental and health impacts, could entail international responsibility for the Peruvian State.

In this sense, it is imperative to advocate for a more inclusive and just approach to the global energy transition, ensuring that the rights of Indigenous Peoples are respected and their voices are actively incorporated into climate policies. The interconnectedness of environmental challenges necessitates inclusive cooperation beyond traditional state-centric negotiations. Recognizing the agency of Indigenous Peoples becomes paramount in crafting effective and sustainable solutions. This means that a non-Westphalian approach to international law would effectively address the immediate threats posed by climate change and contribute to a more resilient and harmonious future for the interconnected world.

5. Bibliography

Adriana Castro

Adriana Castro is a lawyer from Pontificia Universidad Católica del Perú (PUCP) with a postgraduate diploma in Public International Law. She has experience in research, non-governmental organizations, and international organizations. She is a graduate teaching assistant at the PUCP Law Department and volunteers in human rights advocacy networks.

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