An overview of how transition mining can put Indigenous Peoples at risk, and what governments and companies can do to protect human rights in this context.
This edition of “The E-Waste Newsletter” was written by Christine Nikander and Heidrun Kordholste-Nikander.
How does mining impact Indigenous Peoples’ rights?
Indigenous Peoples are particularly strongly affected by transition mining. While Indigenous Peoples only make up 6.4% of the global population, “35% of all documented environmental conflicts involving extraction and industrial development involve indigenous peoples”. This effectively means that mining projects can be seen to “jeopardize Indigenous rights and impede the realization of global environmental justice”.[i]
According to the UN, “Indigenous communities […] help to maintain 80% of the biodiversity left […], and [maintain] some of the world’s most valuable carbon sinks and natural resources.” Yet, over half of the “transition materials [are] located on or near land where Indigenous people live”. Moreover, “85% of […] lithium extraction projects [are] on or near land managed or inhabited by Indigenous people.”[ii] A 2021 report from MSCI Inc. found that “97% of nickel, 89% of copper, 79% of lithium and 68% of cobalt reserves and resources in the U.S. are located within 35 miles of Native American reservations”.[iii]
According to the Autonomous University of Barcelona, mining is “the most common cause of environmental conflicts involving indigenous people”. Overall, “24.7% of [the] environmental conflict involving indigenous people” are caused by mining. Disputes of this sort have for example occurred in Quito, Ecuador. In total, 258 conflicts involving Indigenous People have been observed, but the “actual number […] is expected to be much higher” – largely due to “limited data coverage”. Notably, “an additional 7% of conflict cases involve other non-Indigenous place-based communities with long-term connections to their lands”.[iv]
Violations of Indigenous Peoples’ rights have occurred – for example – through the operation of an open-cast lithium mine near the Indigenous community lands of Fort McDermitt Paiute and Shoshone in Nevada, USA.[v] Another example is the Oak Flat copper mine case, where “loss of biodiversity, soil contamination, deforestation and decreasing water quality” is feared and yet a land swap was planned so the mine could “be built on a site of religious significance for local indigenous groups”.[vi]
Moreover, the mining of gold and copper in the Amazon has polluted local water and food supplies, and it has added to the ongoing large-scale deforestation in the area. The mining has also increased the conflict between Indigenous Peoples, miners, and the military. Since 2011, on average three people in the Amazon have been killed per week trying to protect their land, according to a Global Witness report from October 2022. A quarter of the deaths were tied to the extractive industries and the mining industry was “directly linked to the most killings”. Notably, most of the individuals killed were Indigenous.[vii]
Illegal mining on Indigenous lands in Brazil
In 2023, the Brazilian police uncovered a massive-scale laundering scam around cassiterite. Cassiterite is a tin ore, and it is considered critical for the energy transition. Cassiterite is used in lithium-ion batteries, the coatings of solar panels, and as solder for electronics in wind turbines. Due to the high demand for it, cassiterite is referred to as “black gold”. Yet, cassiterite is considered a conflict mineral in the EU and US.[viii]
The price of tin went up by 29% in the first six months of 2024. A kilo of cassiterite is worth USD 14-21. While this is still a lot less than gold, cassiterite is “more plentiful and easier to extract”. Brazil is currently one of the world’s largest exporters of tin. International mining firms interested in Brazil’s mineral wealth and the government’s launch of several initiatives to encourage mining investments have driven the search for new critical metals in the country. Notably, miners in Brazil “can make 20 times as much as Brazil’s minimum wage”.[ix]
Cassiterite has attracted not only mining companies, but increasingly also illegal mining gangs to the Brazilian Amazon. Groups mining the ore illegally pose a considerable threat to Indigenous People. Recently, thousands of illegal miners have come to the Yanomami reserves to mine cassiterite. So far, “authorities have seized and destroyed more than 38 tonnes of cassiterite on Yanomami territory” this year.[x]
Many of the gangs mining cassiterite on Indigenous lands also illegally mine manganese, copper, and gold there. At the start of 2024, the Brazilian police raided several copper and gold sites on the land of the Kayapó Indigenous people in Pará state. One of these sites held workers in slave-like conditions. In July 2024, the Brazilian police also closed an illegal manganese mining site on Kayapó land. In June 2024 alone, the Brazilian authorities seized 23 000 tonnes of manganese before these were exported to China.[xi]
Just as with cassiterite, both manganese and copper are relevant for the energy transition and have seen considerable price increases this year. The earnings from cassiterite mining on Yanomami land are largely used to finance the costly illegal gold mining on the same land. It is estimated that the illegal mining on Yanomami land could yield an average of 300kg of cassiterite a day and 4kg of gold per month.[xii]
Mining-related conflicts in Bolivia
Mining operations on and close to the lands of the Indigenous Quechua People, in the municipality of Antequera, started in the late 1990s. One of the largest operations in the area is the Bolívar mine, which contains silver, lead, and zinc. As the “control of many operations has changed hands” over the years, it has however been challenging “for communities to track who is responsible for the mining activity”.[xiii]
In Bolivia, the open-pit mining for silver, copper, lead, zinc, tin and other minerals has adversely impacted Indigenous Quechua People. The mining has led to “pollution, water scarcity and land use change near the Indigenous Quechua community collective, or ayllu, of Acre Antequera”. The mining has used up large amounts of the Quechua community’s freshwater, and the waste from mining activity has contaminated their food and large amounts of the remaining water in the area. As a consequence of this, the Quechua community is effectively left “without enough water to raise livestock and grow crops” in the dry season from May to November. This has led to “an increasing number of residents […] relocat[ing] to other parts of the country, creating concern that many cultural practices will disappear”.[xiv]
Indigenous communities protesting the open-pit mining projects “have been threatened and attacked” since 2022. More specifically, several women – who had protested against the mining – have reported being attacked and having their campsites burned. They stated that the miners also followed them home and threw dynamite into their homes. Moreover, by surrounding their homes and stopping them from leaving, “their children weren’t allowed to attend school”. While no one was hurt, residents have said that they live in fear for their lives and some have “decided to leave their communities until the situation is resolved”.[xv]
Critical raw material mining on Sámi lands
The Indigenous Sámi People, who live in the very north of Europe, have also faced growing issues in light of increased critical raw material mining. Finland, Sweden, and Norway have special “obligations and commitments […] under national and international law” to protect the “livelihood, language, culture and way of life of the Sami people”. Yet, there is “[e]vidence of human rights abuses [occuring] on the territory of the Indigenous Sámi people”.[xvi] One example of this is the violation to the Sámi people’s right to cultural practice by building wind power plants in reindeer herding districts in Norway.[xvii]
There are also concerns that the EU’s Critical Raw Materials Act will add to the injustices the Sámi people face. The fear is that “prioritising mineral extraction over other concerns and imposing time limits on project permitting and consultation processes [could] exacerbate already significant – and often legitimate – resistance from Sámi and environmental groups”. For example, the Swedish mining company, LKAB’s announcement that it “plans to exploit rare earth minerals near Kiruna, trigger[ed] opposition from affected Sámi reindeer herding communities”.[xviii]
The role of Indigenous Peoples in the energy transition
With “54% of energy transition metals and minerals […] on or near Indigenous Peoples’ territories”,[xix] an energy transition without involving or impacting Indigenous Peoples is not possible. Historically, mining “has always posed severe risks for Indigenous Peoples, threatening their lands, cultures, and livelihoods, often resulting in violations of their rights”.[xx] Companies now looking to mine in a more responsible manner can follow best practices and they have access to technology that can make the process safer for people and the planet. The current problem stems mostly from the fact that this is not done, and the fact that the law and voluntary market requirements set a too low standard for mining companies.[xxi]
Governments and companies have an obligation to meet their “international commitments, including but not limited to the Guiding Principles on Business and Human Rights, UN SDGs, OECD Due Diligence Guidance for Responsible Business Conduct, [the] Convention on the Elimination of All Forms of Discrimination Against Women, [the] International Convention on the Elimination of All Forms of Racial Discrimination, and the Paris agreement”. This means that both governments and companies must now take steps to secure and uphold Indigenous Peoples' rights. In the context of the EU, this also concretely means that “the implementation of the CRMA must [be carried out in a manner that] ensure[s] Indigenous Peoples’ rights in line with international standards including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the ILO Convention 169 Indigenous and Tribal Peoples”.[xxii]
Without adequate measures to protect and respect Indigenous Peoples’ rights and “particularly their right to self-determination” and to free and prior informed consent (FPIC), there is a risk of “exacerbating existing conflicts between resource extraction industries and Indigenous Peoples communities”. This can, in turn, “increas[e] legal and operational risks for both states and industries”. In the worst case, “the pace of the energy transition – and the energy transition itself – [may be] at risk due to the potential loss of [a] Social License to Operate and social unrest”.[xxiii]
Would you be interested to learn more about human rights considerations in the life cycle of an electric vehicle battery? You can explore the social impacts and EU regulations that apply to the different life stages of an EV battery in Palsa & Pulk’s interactive visual.
The next newsletter will explore broader human rights issues that arise in the context of the energy transition. If you want to be notified when it comes out, please subscribe to our mailing list.
About the authors
Christine Nikander is the founder of the environmental and social sustainability consultancy, Palsa & Pulk. She frequently speaks and writes about the environmental and human rights issues that arise through global supply chains, the energy transition, and the mining of critical raw minerals. Christine studied law at the universities of Columbia (New York), Edinburgh (Scotland), and Leiden (the Netherlands). She has been writing The E-Waste Column weekly since 2022.
Heidrun Kordholste-Nikander is a freelance biodiversity & forestry consultant at Palsa & Pulk. She studied forest management and environmental protection technology in Munich (Germany) and North American studies in Helsinki (Finland). In the past, Heidrun has done research into natural history, Indigenous Peoples, and environmental change. She has also published a book on the near destruction of the bison and the grasslands of North America. Through her consultancy work, Heidrun hopes to help companies in protecting forests, biodiversity, and Indigenous Peoples’ rights.
About The E-Waste Column
The E-Waste Column is a weekly column about e-waste, transition minerals, and critical raw materials. It touches on a range of topics including ESG, sustainable development, circular economy, EU law and policymaking, corporate social responsibility, the transition to renewable energy, the EU Green Deal, supply chain due diligence and auditing, human environmental rights, business and human rights, climate law, and corporate sustainability.
Stay up to date
Our weekly column is published on Wednesdays at 12PM CET (The Hague) or 6AM EST (New York) on our website and on LinkedIn. Our monthly newsletter is published here on our blog, on Substack, and on LinkedIn.
[i] Donaldson, Alex: Mining causes 24.7% of environmental conflict involving indigenous people. https://www.mining-technology.com/news/mining-environmental-conflict-indigenous-people/ (05.11.2024); Arnim Scheidel et al.: Global impacts of extractive and industrial development projects on Indigenous Peoples’ lifeways, lands, and rights. https://www.science.org/doi/10.1126/sciadv.ade9557 (05.11.2024)
[ii] Morton, Adam: Evidence grows of forced labour and slavery in production of solar panels, wind turbines. https://amp-theguardian-com.cdn.ampproject.org/c/s/amp.theguardian.com/environment/2022/nov/29/evidence-grows-of-forced-labour-and-slavery-in-production-of-solar-panels-wind-turbines (05.11.2024); Taft, Molly: Over Half the World’s Energy Transition Minerals Are on Indigenous Lands. https://gizmodo.com/over-half-the-worlds-energy-transition-minerals-are-on-1849865104 (05.11.2024); European Federation for Transport and Environment: How Europe can improve the way global extractive companies do business. https://www.transportenvironment.org/discover/how-europe-can-improve-the-way-global-extractive-companies-do-business/ (05.11.2024)
[iv] Donaldson, Alex: Mining causes 24.7% of environmental conflict involving indigenous people. https://www.mining-technology.com/news/mining-environmental-conflict-indigenous-people/ (05.11.2024); Arnim Scheidel et al.: Global impacts of extractive and industrial development projects on Indigenous Peoples’ lifeways, lands, and rights. https://www.science.org/doi/10.1126/sciadv.ade9557 (05.11.2024)
[v] Business & Human Rights Resource Centre: “You can’t eat lithium”: Community consent and access to information in transition mineral mining exploration. https://www.business-humanrights.org/en/from-us/briefings/tmt-2021/you-cant-eat-lithium-community-consent-and-access-to-information-in-transition-mineral-mining-exploration-in-europe-and-north-america (05.11.2024); Iris Crawford, Scott Odell: Will mining the resources needed for clean energy cause problems for the environment? https://climate.mit.edu/ask-mit/will-mining-resources-needed-clean-energy-cause-problems-environment (05.11.2024); Éléonore Lèbre, Martin Stringer, Kamila Svobodova, John R. Owen, Deanna Kemp, Claire Côte, Andrea Arratia-Solar, Rick K. Valenta: The social and environmental complexities of extracting energy transition metals. https://www.nature.com/articles/s41467-020-18661-9 (05.11.2024); Riofrancos, Thea: Shifting Mining From the Global South Misses the Point of Climate Justice. https://foreignpolicy.com/2022/02/07/renewable-energy-transition-critical-minerals-mining-onshoring-lithium-evs-climate-justice/ (05.11.2024); International Energy Agency: Sustainable and responsible development of minerals. https://www.iea.org/reports/the-role-of-critical-minerals-in-clean-energy-transitions/sustainable-and-responsible-development-of-minerals (05.11.2024); International Energy Agency: The Role of Critical Minerals in Clean Energy Transitions. https://iea.blob.core.windows.net/assets/ffd2a83b-8c30-4e9d-980a-52b6d9a86fdc/TheRoleofCriticalMineralsinCleanEnergyTransitions.pdf (05.11.2024); Laffont, Pascal: Critical minerals for clean energy transitions. https://unctad.org/system/files/non-official-document/GCF21_s4_Laffont_1.pdf (05.11.2024)
[vi] Donaldson, Alex: Mining causes 24.7% of environmental conflict involving indigenous people. https://www.mining-technology.com/news/mining-environmental-conflict-indigenous-people/ (05.11.2024)
[vii] Morton, Adam: Evidence grows of forced labour and slavery in production of solar panels, wind turbines. https://amp-theguardian-com.cdn.ampproject.org/c/s/amp.theguardian.com/environment/2022/nov/29/evidence-grows-of-forced-labour-and-slavery-in-production-of-solar-panels-wind-turbines (05.11.2024); Taft, Molly: Over Half the World’s Energy Transition Minerals Are on Indigenous Lands. https://gizmodo.com/over-half-the-worlds-energy-transition-minerals-are-on-1849865104 (05.11.2024); European Federation for Transport and Environment: How Europe can improve the way global extractive companies do business. https://www.transportenvironment.org/discover/how-europe-can-improve-the-way-global-extractive-companies-do-business/ (05.11.2024)
[viii] Cowie, Sam: The lawless mining gangs targeting the Amazon’s precious green energy minerals. https://www.theguardian.com/global-development/article/2024/aug/02/black-gold-cassiterite-mining-energy-transition-minerals-destroying-indigenous-yanomami-rainforest-ibama-environment (05.11.2024)
[ix] Cowie, Sam: The lawless mining gangs targeting the Amazon’s precious green energy minerals. https://www.theguardian.com/global-development/article/2024/aug/02/black-gold-cassiterite-mining-energy-transition-minerals-destroying-indigenous-yanomami-rainforest-ibama-environment (05.11.2024)
[x] Cowie, Sam: The lawless mining gangs targeting the Amazon’s precious green energy minerals. https://www.theguardian.com/global-development/article/2024/aug/02/black-gold-cassiterite-mining-energy-transition-minerals-destroying-indigenous-yanomami-rainforest-ibama-environment (05.11.2024)
[xi] Cowie, Sam: The lawless mining gangs targeting the Amazon’s precious green energy minerals. https://www.theguardian.com/global-development/article/2024/aug/02/black-gold-cassiterite-mining-energy-transition-minerals-destroying-indigenous-yanomami-rainforest-ibama-environment (05.11.2024)
[xii] Cowie, Sam: The lawless mining gangs targeting the Amazon’s precious green energy minerals. https://www.theguardian.com/global-development/article/2024/aug/02/black-gold-cassiterite-mining-energy-transition-minerals-destroying-indigenous-yanomami-rainforest-ibama-environment (05.11.2024)
[xiii] Radwin, Maxwell: Indigenous Bolivians flee homes as backlash to mining protest turns explosive. https://news.mongabay.com/2024/04/indigenous-bolivians-flee-homes-as-backlash-to-mining-protest-turns-explosive/ (05.11.2024)
[xiv] Radwin, Maxwell: Indigenous Bolivians flee homes as backlash to mining protest turns explosive. https://news.mongabay.com/2024/04/indigenous-bolivians-flee-homes-as-backlash-to-mining-protest-turns-explosive/ (05.11.2024)
[xv] Radwin, Maxwell: Indigenous Bolivians flee homes as backlash to mining protest turns explosive. https://news.mongabay.com/2024/04/indigenous-bolivians-flee-homes-as-backlash-to-mining-protest-turns-explosive/ (05.11.2024)
[xvi] Rasmus Kløcker Larsen and Kaisa Raitio: EU’s Critical Raw Materials Act fails to protect Sámi rights – here’s how to strengthen it. https://www.euractiv.com/section/energy-environment/opinion/eus-critical-raw-materials-act-fails-to-protect-sami-rights-heres-how-to-strengthen-it/ (05.11.2024); Rasmus Kløcker Larsen and Kaisa Raitio: EU’s Critical Raw Materials Act fails to protect Sámi rights – here’s how to strengthen it. https://www.sei.org/perspectives/eus-critical-raw-materials-act-sami-rights-protection/ (05.11.2024); Norway's Supreme Court: Vedtak om konsesjon til vindkraftutbygging på Fosen kjent ugyldig fordi utbyggingen krenker reindriftssamenes rett til kulturutøvelse. https://www.domstol.no/no/hoyesterett/avgjorelser/2021/hoyesterett-sivil/hr-2021-1975-s/ (05.11.2024)
[xvii] Norway's Supreme Court: Vedtak om konsesjon til vindkraftutbygging på Fosen kjent ugyldig fordi utbyggingen krenker reindriftssamenes rett til kulturutøvelse. https://www.domstol.no/no/hoyesterett/avgjorelser/2021/hoyesterett-sivil/hr-2021-1975-s/ (05.11.2024)
[xviii] Rasmus Kløcker Larsen and Kaisa Raitio: EU’s Critical Raw Materials Act fails to protect Sámi rights – here’s how to strengthen it. https://www.euractiv.com/section/energy-environment/opinion/eus-critical-raw-materials-act-fails-to-protect-sami-rights-heres-how-to-strengthen-it/ (05.11.2024); Rasmus Kløcker Larsen and Kaisa Raitio: EU’s Critical Raw Materials Act fails to protect Sámi rights – here’s how to strengthen it. https://www.sei.org/perspectives/eus-critical-raw-materials-act-sami-rights-protection/ (05.11.2024); Norway's Supreme Court: Vedtak om konsesjon til vindkraftutbygging på Fosen kjent ugyldig fordi utbyggingen krenker reindriftssamenes rett til kulturutøvelse. https://www.domstol.no/no/hoyesterett/avgjorelser/2021/hoyesterett-sivil/hr-2021-1975-s/ (05.11.2024)
[xix] John R. Owen, Deanna Kemp, Alex M. Lechner, Jill Harris, Ruilian Zhang, Éléonore Lèbre: Energy transition minerals and their intersection with land-connected peoples. https://www.nature.com/articles/s41893-022-00994-6 (05.11.2024)
[xx] Cultural Survival, Securing Indigenous Rights in the Green Economy Coalition: EU’s Legislation on Critical Raw Materials Risks Increasing Threats to Indigenous Peoples from Mining Projects. https://www.culturalsurvival.org/news/eus-legislation-critical-raw-materials-risks-increasing-threats-indigenous-peoples-mining (05.11.2024)
[xxi] https://www.theguardian.com/global-development/article/2024/aug/02/black-gold-cassiterite-mining-energy-transition-minerals-destroying-indigenous-yanomami-rainforest-ibama-environment
[xxii] Cultural Survival, Securing Indigenous Rights in the Green Economy Coalition: EU’s Legislation on Critical Raw Materials Risks Increasing Threats to Indigenous Peoples from Mining Projects. https://www.culturalsurvival.org/news/eus-legislation-critical-raw-materials-risks-increasing-threats-indigenous-peoples-mining (05.11.2024)
[xxiii] Cultural Survival, Securing Indigenous Rights in the Green Economy Coalition: EU’s Legislation on Critical Raw Materials Risks Increasing Threats to Indigenous Peoples from Mining Projects. https://www.culturalsurvival.org/news/eus-legislation-critical-raw-materials-risks-increasing-threats-indigenous-peoples-mining (05.11.2024)
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