COAL MINE CLOSURE FROM A LENS OF RESTORATIVE JUSTICE, HUMAN RIGHTS, AND CORPORATE DUE DILIGENCE FOR A JUST TRANSITION IN COLOMBIA

Abstract

A just energy transition is a central topic in discussions about the future of energy, mainly since the commitment of 196 countries in the 2015 Paris Agreement to prevent global temperatures from rising 2 degrees Celsius above pre-industrial levels. Efforts are concentrated on limiting the increase to approximately 1.5 degrees to achieve carbon neutrality by 2050.

Colombia has set ambitious short-term greenhouse gas (GHG) emissions reduction targets (51% by 2030) and a long-term goal of carbon neutrality by 2050. Achieving these objectives necessitates a profound transformation driven by the Energy Transition Policy. The policy mandates a shift from less than 1% to over 12% in the energy matrix by 2022 for non-conventional renewable energies, a GHG emissions reduction target from 20% to 51% by 2030, and the prioritisation of ‘sustainable recovery’ as the cornerstone of the economic recovery strategy post-COVID 19.

However, as the sixth-largest global coal exporter, Colombia faces an uncertain future. The geopolitical aftermath of the Ukrainian war has underscored the imperative to ensure energy security and expedite the transition to renewable energy sources. While an immediate economic opportunity exists for Colombia, the long-term outlook involves an escalating decline in coal demand. Climate policies and the rapid growth of renewables, with an expected global drop in coal demand through 2030, increasingly pressure coal's role in the power sector.

The current Colombian energy transition policy, acknowledging the need for decarbonisation, does not envision provisions for repairing human rights impacts during the dismantling of coal operations. The existing legal frameworks on mine closure do not also consider human rights issues to remedy the adverse impacts caused to the affected communities during closure and post-closure. Questions arise regarding the Colombian government's ability to adapt and respond to the real-time decline in coal demand and potential closure operations. The consequences of the lack of preparation for these scenarios extend beyond the environment and the economy and land on the human rights of the individuals and dependent communities in the sector, such as La Guajira and Cesar departments.

This scenario calls for a fair and equitable framework for the energy transition in the coal sector, prioritising the human rights of nature, individuals and populations dependent on the industry. Specific regulation focusing on human rights is required to establish clear obligations for authorities and companies during mine closure and post-closure of coal operations. The principles of restorative justice and the United Nations Guiding Principles on Business and Human Rights provide a robust framework for states and companies to identify harm, assign responsibility, repair damage, and prevent future occurrences that can be used in Colombia's coal mine closure framework.