complaint

Violations of human rights by to Federation of Bosnia Herzegovina (BiH) and China due to coal fired plants in BiH - complaint

statement of reply

Violations of human rights by to Federation of Bosnia Herzegovina (BiH) and China due to coal fired plants in BiH - statement of reply

Filing Year For Action

On March 17, 2021, the two UN Special Procedures on human rights and hazardous wastes, Mr. Orellana, and human rights and the environment, Mr. Boyd, issued communications to Bosnia Herzegovina (BiH) and China in relation to the approval for construction or extension of several coal-fired power plants in BiH by Chinese-State Owned Enterprises and with finance from the China Development Bank. 

Civil society complained that the plants lead to water and air pollution, and negative effects on climate change. Amongst other complaints, it was noted that whilst air pollution is already a significant concern in BiH, especially in areas where coal fired plants are operating, new units and plants are still being planned and constructed. This will “negatively affect the air quality and public health for decades,” through emissions of PM2.5, NO2 and SO2, over hundreds of kilometers. Some adverse health impacts associated with one of the power stations (Tuzla) include thousands of cases of (chronic) bronchitis and asthma in children and adults, and over 150 hospitalizations for respiratory issues and cardiac arrest. It was also noted that the coal-fired plants negatively affect neighboring countries; under the Espoo Convention on EIA in a Transboundary Context, transboundary air pollution requires an IEA and a notification of neighboring countries about potential transboundary pollution from coal power plants. 

According to the communication, the situation raises serious concerns about both BiH and China’s failure to meet “international human rights obligations for human and environmental rights.” This includes the human rights to a healthy environment, life, health, bodily integrity, safe drinking water and sanitation. Moreover, the construction and operation of the new coal fired power plants “exacerbate the already dangerous conditions of climate change by adding, and failing to reduce emissions of greenhouse gases.” Several procedural environmental human rights were affected too, due to alleged failures to provide adequate information, access to justice and effective remedies on negative health impacts resulting from the plant’s emissions.

States bear obligations under the international human rights law framework to protect against human rights abuse within their territories and/or jurisdiction, by third parties, including business enterprises. Meeting these obligations requires States to take appropriate steps to prevent, investigate, punish, and redress any abuse through effective policies, legislation, regulations, and adjudication, including in the sphere of environmental protection. The international legal instruments which form the basis for obligations are set out in an Annex, and include protection of aforementioned rights under the Universal Declaration of Human Rights, the International Covenants on Economic Social and Cultural Rights, and Civil and Political Rights, the Convention on Rights of the Child, the UNECE Aarhus Convention, the UN Framework Principles on Human Rights and Environment, and the UN Guiding Principles on Business and Human Rights. The communication reiterates applicability of HRC General Comment No. 36 on the right to life with dignity to environmental degradation, pollution and climate change (paras. 26, 62) and the importance of protecting underlying environmental determinants of health under Article 14 ICESCR and 24 CRC, and related general comments.

Communications of the Special Procedures are not binding and cannot afford direct remedies, but the communication asked both BiH and China to, inter alia: (a) indicate measures to ensure how the plants comply with applicable national law, international environmental laws, and international human rights standards, including the right to information; (b) harmonize procedures for environmental permitting and regulation systems, including by conducting environmental human rights impact assessments based on comprehensive and consistent standards; (c) provide information and monitor negative health impacts of the plant; and (d) prevent negative human rights and environmental outcomes, e.g. by enforcing the polluter pays principle. It asked China to provide information on the impacts and damages of the pollution caused by Chinese-supported coal powered plants on global climate change, the environment and local communities; or to provide information on measures to ensure that projects under China’s Belt and Road Initiative contribute to the decarbonization of the host states of projects an do not compromise mitigation objectives of the Paris Agreement on climate change.   
BiH did not respond to the communication. China replied on May 27, 2021, by stating that “allegations of human rights violations by the project in question are not based on fact; they are purely false accusations.” According to China, it actively assumes international responsibility for climate change, including to the Green Silk Road. It always requires enterprises to carry out foreign projects in compliance with the laws of countries or regions where they are located, and financial institutions abide by the concept of green credit. Specifically, the Tuzla plant is intended to replace outdated local units, and meet environmental requirements under EU carbon emissions standards, with positive benefits for the environment and ‘huge’ local social and economic benefit through development and reliable energy supply.

Violations of human rights by to Federation of Bosnia Herzegovina (BiH) and China due to coal fired plants in BiH

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

This sector involves the wholesale and retail selling of goods.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

People with different national or cultural traditions from the dominant population

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Using laws and the legal system more broadly to protect vulnerable entities

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

The activities of industries that transforms raw materials into finished goods through industrial processes.

Actions to adapt human health, healthcare systems and well-being to climate change.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

Work that is productive and delivers a fair income, security in the workplace and social protection for all, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity.

Actions or measures to adapt freshwater systems to climate change.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves the distribution, treatment, and conservation of water resources.

A financial entity operated or controlled by the state, often with a mandate for social or economic development.

A loan is a policy instrument where funds are provided to a borrower with the expectation of repaying the principal plus interest.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

An agency providing government-backed financing, guarantees, and insurance to support domestic companies' international exports, that can play a role in financing climate-related projects.

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

Violations of human rights by to Federation of Bosnia Herzegovina (BiH) and China due to coal fired plants in BiH - complaint

Policy instrument

Risk

Impacted group

Just transition

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance