The Rights of Indigenous Peoples Towards a Just Energy Transition: The Dutch Approach to Mandatory Corporate Due Diligence

Abstract

The need to urgently shift away from fossil-based systems of energy for the sake of the planet and its people is clear. The green transition comes, however, with negative impacts on human rights and the environment, notably on the rights of Indigenous Peoples in the Global South, where most of the essential minerals and metals needed for the transition are found. In this piece, we discuss recent legal developments in the Netherlands from the perspective of the need for a just energy transition. Against the background of the recently adopted European Union (EU) Corporate Sustainability Due Diligence Directive (CSDDD), we analyze two draft Dutch due diligence laws and their potential in the context of a just energy transition. The focus is on the rights of Indigenous Peoples who are in an extremely vulnerable position in the transition process.