On Thursday 20th February 2020 Christian Aid launched the publication of a new report ‘Undermining human rights: Ireland, the ESB and Cerrejón coal’ at Buswells Hotel. Gráinne Kilcullen, co-Editor of the report tells us a little more about the significance of this report.
Can you tell us what the report is about?
The report is a detailed case study of the Cerrejón mine, set in the context of broader economic trends, which outlines major gaps in policies, regulations and business processes that are needed to practically implement international human rights law and uphold the UN Guiding Principles on Business and Human Rights. The issues raised and recommendations made are relevant for Ireland and other governments even though they are targeted at the Irish and Colombian governments, along with the ESB and Cerrejón. These include the importance of: mandatory legislation for human rights due diligence to be conducted by state owned and large companies, robust national action plans that ensure companies are held to account for respecting human rights, policy coherence for development mechanisms within the government, and political support for an international treaty on business and human rights.
Why is this report particularly important or timely now?
In December 2019, the UN Committee on the Elimination of Racial Discrimination reviewed Ireland and published recommendations specifically in relation to the Cerrejón mine. We, in Christian Aid Ireland, believe our report is a valuable contribution to the issue and will support Ireland’s response and implementation of CERD’s recommendations.
Furthermore, 2020 is the final year of Ireland’s National Plan of Action for Business and Human Rights and there is an opportunity over the coming months for the Irish Government to launch consultations with all stakeholders to ensure the next iteration has more influence and impact.
Lastly, climate change, which is the greatest threat to the future of human rights, requires immediate action and Ireland’s performance in staying below 1.5°C as so far been weak. In order to take their responsibilities in reaching international targets in this area, there is no room for the mining, buying, selling or burning of coal – one of the biggest emitters of greenhouse gases. Christian Aid Ireland believes this report will help Ireland to transition in a fair and fast way and set policies and practices in place for ensuring protection of human rights and the environment in alternative energy initiatives.
Who should read the report and why?
Anyone who is interested in human rights and how the economic structure and lack of corporate accountability is jeopardising fundamental freedoms should read this report. It is a propositional paper that highlights the consequences of business malpractice and gaps in legislation and policy that allows such mal practice to continue with impunity.
The recommendations are directed at the Irish Government and ESB, as well as the Colombian Government and the Cerrejón mine itself and therefore should be taken seriously be these actors. However, it is an important tool for local organisations in Colombia to advocate for justice and respect for human rights as well as for the broader sector interested in pushing for greater global accountability of businesses for respecting human rights.
What one thing would you like to see come out of the report or what recommendations stands out to you as a priority?
Two of our key recommendations is for the Irish Government to introduce legislation on human rights due diligence and for State owned companies like the ESB to become a leader in business and human rights establishing a standard for other Irish companies to follow.
“Detailed case studies of this sort should provide a powerful impetus for those who are concerned to ensure that corporations are not immune from the need to respect human rights and environmental standards to re-evaluate the current state of the art.”
- Philip Alston, United Nations Special Rapporteur on extreme poverty and human rights and Professor of Law at New York University School of Law.
Read the full report here