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Panel

Towards a Rights-Respecting Energy Transition: Enforcing FPIC in critical mineral mining in Asia

ORGANIZED BY

Indigenous Peoples Rights International, Asia Indigenous Peoples Network on Extractive Industries and Energy, Perhimpunan Pembela Masyarakat Adat Nusantara, International Accountability Project, Business and Human Rights Resource Center

16-Sep

13:00-14:00

Conference Room 3

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This session explores the impacts of critical mineral extraction in Asia highlighting experiences of nickel mining affected Indigenous communities in the Philippines and Indonesia. The session will discuss how the new guidance on Free, Prior and Informed Consent can strengthen respect for Indigenous Peoples' rights in the transition minerals sector.

Overview

Mining has played a critical role in industrialization and economic development. However, Indigenous Peoples whose lands and resources have fueled this development have often been pushed aside and made to bear the social, environmental, and human rights costs of mining. As a result, the mining industry has long carried a negative reputation among Indigenous Peoples due to decades of harmful impacts on their rights, wellbeing, and survival.


Today, the same industry is expanding investments justified by the global shift from fossil fuels to clean and renewable energy to combat climate change. Asia has become a major hub for the extraction and processing of critical minerals such as nickel, lithium, cobalt, copper, and rare earth elements, which are essential for electric vehicle batteries, renewable energy systems, solar panels, wind turbines, electronics, and digital technologies. Countries such as Indonesia, the Philippines, China, India, and Myanmar are rapidly expanding mining projects to meet growing demand. Globally, around 54% of transition mineral projects are located on or near Indigenous Peoples’ lands and territories, placing many Indigenous communities in Asia at the center of the critical minerals boom. Without safeguards, the energy transition risks repeating extractive and unjust practices long associated with traditional mining.


The Human Rights Council in 2024 noted that failing to consider Indigenous rights in the just transition could lead to further injustices, marginalization, and dispossession. Recognizing gaps in effective implementation of rights, the UN Working Group on Business and Human Rights will publish its FPIC Guidance in July 2026. This panel discussion session is therefore timely, offering a platform to explore how FPIC can be practically applied in Asia’s mining sector to ensure a just and rights based energy transition.


The session will provide a global and regional overview of critical minerals, supported by the Transition Tracker, highlight overlaps with Indigenous territories, present case studies from nickel mining in the Philippines and Indonesia, explore advocacy strategies, and conclude with FPIC implementation, Q&A, and reflections.


Why it matters

This event directly links the global energy transition to Indigenous Peoples’ rights. The critical mineral extraction and over half of projects located on or in Indigenous peoples’ land and territories in Asia which repeating historic injustices are high. The session will highlight lived experiences from affected communities, underscores of urgent need for safeguards, and introduces the UN working group’s forthcoming FPIC guidance as a practical tool for states and businesses. By doing so, it ensures that climate solutions advance without sacrificing Indigenous Peoples rights, making the transition truly just and inclusive. 


Key questions

  1. What is the current status of critical mineral mining in Asia from the perspective of Indigenous Peoples?

  2. How can Indigenous Peoples leverage Transition Minerals Tracker to minimize human rights risks and promote rights respecting mining practices?

  3. What advocacy strategies can Indigenous communities, civil society, and policymakers use to strengthen rights protections and accountability in mining projects?

  4. How can the UN Working Group’s FPIC Guidance be practically implemented in Asia’s mining sector to ensure a just and rights‑based energy transition?


Who should attend?

  • Government Representatives

  • Business companies/representatives

  • Human Rights experts

  • Indigenous Peoples’ representatives/organizations


What participants will gain

  • Participants will gain an overview of Asia’s critical mining landscape through cases and transition trackers. These highlight the social, environmental and human rights impacts of nickel mining on Indigenous communities, connecting the global demand trends with on the ground challenges and human rights impacts.

  • Participants will educate and clear guidance on how the UN working group’s forthcoming FPIC guidance can be applied in practice to safeguard Indigenous Rights.

  • Practical strategies for advancing Indigenous rights and ensuring accountability in mining activities in regional context to strengthen rights.

  • Recognize the sustainable energy transition along shared prosperity preventing repetition of past extractive injustices.


Additional resources

https://iprights.org/2025/11/12/unjust-energy-transition-indigenous-frontlines-of-the-global-shift/

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Prabindra Shakya

Convenor, Asia Indigenous Peoples Network on Extractive Industries and Energy (AIPNEE)

Prabindra Shakya is a human rights activist from Nepal’s indigenous Newar community. He has been engaged in promoting and protecting the rights of indigenous peoples and marginalized communities for almost two decades now, whereby he specializes in human rights advocacy in the contexts of development and business projects and international financing.

He is the Founder/Director of the Community Empowerment & Social Justice Network (CEMSOJ) in Nepal and also the Convenor of Asia Indigenous Peoples Network on Extractive Industries and Energy (AIPNEE), which are national and regional networks of Indigenous defenders working with communities for advocacy for their rights.

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Surti Handayani

Manager & International Advocacy, The Association Of Indigenous Peoples Defender Of The Archipelago (PPMAN)

Belong to Osing Indigenous Community in Banyuwangi, East Jawa Province and curently involve with The Association of Defenders of the Archipelago Indigenous Peoples (PPMAN) in National Secretariat as Project Manager, Indigenous Lawyer and Internasional Advocacy. I also involve with the Coalition For Advocacy Of The Equitable Conservation for the Judical Review at the Indonesia Constitutional Court regarding the Conservation of Living Natural Resources and Ecosystems Act Number 32/2024.

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Vaishnavi Varadarajan

Asia-Pacific Coordinator, International Accountability Project

Vaishnavi Varadarajan works as the Asia-Pacific Coordinator at International Accountability Project. Through her work at IAP, she supports community-led campaigns and CSOs in the region in accessing information on development finance, along with advocacy strategies on holding companies, governments, and multilateral development banks accountable. Vaishnavi has worked on the intersection of climate justice and community-led development for more than a decade in South Asia, supporting communities in confronting harmful extractive and energy projects and advocating for their rights and demands.

Speakers

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