Dr. Chris O'Connell:

In terms of the text and environmental sustainability more broadly, another area of concern that we have highlighted is in relation to environmental and climate justice. This process began, as we mentioned, 11 years ago in a slightly different political context, if not, an atmospheric one. Climate change was very much real then but not necessarily broadly accepted as such or front and centre of the agenda. As the process has evolved, it has been recognised that there is a bit of a gap in the draft text, as it is, on that piece. In particular, it is a concern that there was a specific provision in a previous draft for the recognition of the right to a clean, healthy and sustainable environment. That explicit provision has been removed in the current draft but there are proposals to reinsert it. We would very much support its reintroduction.

In general, climate action is not really very strongly present in the draft text but it is something that we would like to see strengthened. Referencing back to what is happening in Europe, we see the dilution of the behavioural duty of the climate transition plans in the omnibus proposal to amend the corporate sustainability due diligence directive. That, again, is worrying. As Mr. Jiménez Villalta mentioned, we are going in the wrong direction in a lot of these things, denying the reality of what is happening in the atmosphere and what is happening on the ground in the sites where minerals, etc., come from.

To mention something else worth highlighting, Senator Higgins earlier referred to critical minerals. We need a critical approach to critical minerals. What exactly is critical? What is actually needed for a green and just transition? A reason study from a UK NGO suggested that only 20% of what the UK has classified as "critical minerals" are actually critical for a green transition. There is also a rush, as has been mentioned, toward these minerals - it is a new market - as opposed to looking at what do we actually need and how can we take the minimum that we require to transition away from fossil fuels, and do so in a way that does not damage communities such as those represented here.