Navigating the security/human rights nexus in the transition to green energy: Mandatory due diligence amid changing political realities in the Netherlands

The Netherlands has committed itself to accelerating the transition to green energy. For the enormous amount of critical raw minerals (CRM) needed for this transition, the country is fully dependent on imports from a relatively small number of countries, mostly in the Global South. This article discusses how the Netherlands navigates between the enhanced demand for CRM and the expectation that sustainability requirements are not compromised. It examines to what extent the foreseeable legal infrastructure in the Netherlands and the European Union (EU) provides sufficient safeguards that CRM sourcing respects human rights and the environment, and meaningful engagement with those adversely impacted by mining activities. The focus is on Indigenous Peoples, who especially suffer the consequences of an irresponsible energy transition and financial institutions as actors of critical importance for the energy transition. The article argues that the Netherlands should adopt a strong national implementing law that goes beyond the minimum requirements set by the EU, increasing the level of protection of people and the environment in CRM supply chains. Adopting such a due diligence law is essential for the Netherlands to fulfil its duties for human rights and the environment abroad, in the context of a just energy transition.