Balancing green ambitions and human rights: forced displacement risk in the context of EU sustainability policies

Lithium (Li) has been identified in European Union (EU) just and equitable energy transition policies supported by the European Green Deal (EDG) as key in energy storage. However, exponential Li production has consequences for the environment and populations at origin sites. We point to how massive Li extraction risks forced migration of local communities living near mining sites. This study first briefly makes the link between forced human displacement and extractivism, detailing how human rights become compromised, and how this relates to the 2030 Agenda for Sustainable Development. It then turns to the EU example, examining the scope and content of the “sustainability” concept in EU legislation, including the extent to which it addresses forced displacement caused by natural resource exploitation. Within this context, it specifically and comprehensively offers a legal analysis of the recent EU Corporate Sustainability Due Diligence Directive (CSDDD). Ultimately, key findings of this article explore to what extent EU sustainability-based legislation effectively addresses risk of forced displacement. In doing so, the article both identifies challenges in the enforcement of EU legislation in third countries (Bolivia and Chile), as well as assesses the opportunities and shortcomings that the CSDDD presents as a mechanism in furthering a just energy transition.