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Abstract<\/span><\/strong><\/span><\/p>\n Human Rights based Approach (\u201cHRBA\u201d) refers to a framework that has been put in place to ensure that active measures are taken by stakeholders inclusive of governments, organizations and others, to formulate policies around the globe that are duly in consonance with the precepts of human rights. The following article lays due emphasis on what in essence HRBA is and also lays focus on the multiple criticisms that currently exists with regard to its overall implementation in energy and infrastructure projects. Additionally, focus is also placed in understanding the role that India could adopt with reference to HRBA in energy and infrastructure projects that are carried out in the country.<\/span><\/p>\n \n Introduction<\/strong><\/span>\u00a0<\/span><\/p>\n In 2022, India<\/span>started<\/a> developing multiple energy infrastructure projects, such as (a) the 1 GW solar plant in Bikaner, Rajasthan, which<\/span>aims<\/a> to develop a grid-connected solar project; (b) the renewable energy supply round-the-clock which uses battery storage that<\/span>overcomes<\/a> the intermittency associated with sunshine and wind, and, (c) the renewable energy park located in the state of Gujarat which sets to<\/span>operate<\/a> with both windmills and solar panels.\u00a0<\/span><\/span><\/p>\n Throughout history, scandalous human rights violations have been reported in energy projects, regarding -among others- massive land grabs, forced displacements, marginalization, exclusions, and violation of labour rights. These situations are continuously happening around the globe. Just to name a popular example, Qatar\u2019s preparation for the 2022 FIFA World Cup<\/span>triggered<\/a> a massive building program that mapped the construction of not only stadiums but other infrastructure such as hotels, roads, and public transport systems. Around 500 migrants that<\/span>came<\/a> to work in the construction of infrastructure in Qatar from multiple countries, such as India, Nepal, Bangladesh, Pakistan, and Sri Lanka, died. Many more<\/span>suffered<\/a> multiple human rights violations, including forced labour, wage abuses, limited means to lodge complaints in case of disputes with their employers, and many others.\u00a0<\/span><\/span><\/p>\n To prevent situations like this, the Human Rights Based Approach (\u201cHRBA\u201d) was created. The main<\/span>objective<\/a> of the HRBA \u201cis to ensure that projects or policies intended to advance environmental protection and development do not result in adverse human rights consequences<\/em>\u201d. The HRBA<\/span>provides<\/a> a procedural framework for addressing human rights repressions in the design, approval, finance, and implementation of development projects, and as it will be further explained in this entry, there exists a need for taking this approach in the development of India\u2019s energy infrastructure projects.<\/span><\/span><\/p>\n \n Human Rights Based Approach (\u201cHRBA\u201d)<\/strong><\/span>\u00a0<\/strong><\/p>\n HRBA is<\/span>defined<\/a> as a \u201cconceptual framework for the process of human development that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights<\/em>\u201d. It emerged as a<\/span> response<\/a> to the traditional notion that relegates \u201chuman rights to the background in planning processes<\/em>\u201d. Usually, human rights are a subject matter that is only debated and analyzed when there is a protest or a problem, meaning that human rights are usually addressed when a conflict has already happened or when it is continuously happening. What HRBA<\/span>intends<\/a> to do is consider human rights \u201cas parts of the rule of developing and planning<\/em>\u201d a project.\u00a0<\/span><\/span><\/p>\n The HRBA concept was<\/span>created<\/a> by United Nations agencies in 2003 and has the following elements: first<\/em>, \u201cassessment and analysis to identify human rights claims of rightsholders and the corresponding human rights obligations of duty-bearers as well as the immediate, underlying, and structural causes of the non-realization of rights\u201d; second<\/em> \u201cprograms assess the capacity of rightsholders to claim their rights and of duty-bearers to fulfill their obligations. They then develop strategies to build these capacities\u201d; third<\/em> \u201cprograms monitor and evaluate both outcomes and processes guided by human rights standards and principles\u201d; and<\/span>fourth<\/em><\/a> \u201cprogramming is informed by the recommendations of international human rights bodies and mechanisms\u201d.\u00a0<\/span><\/span><\/p>\n To ensure these elements, the HRBA<\/span>advocated<\/a> mainstreaming five interconnected principles, which are- participation, access to information, non-discrimination and equality, accountability, and legality. These principles are called the PANEL principles. HRBA proposes to implement these principles \u201cin the design, approval, finance, and implementation of projects<\/em>\u201d by doing so, it anticipates the overall human rights impact of a project and it<\/span> takes<\/a> the necessary measures to mitigate any risk.<\/span><\/span><\/p>\n \n Criticism of the<\/strong> Human Rights-Based Approach (\u201cHRBA\u201d)<\/strong>\u00a0<\/span><\/span><\/p>\n The first criticism that academics have made towards the HRBA is whether it is -truly- a practical approach. As the previous section explained, some specific elements and principles constitute the HRBA. However, as Beveridge and Nott noted, \u201c[t]he somewhat vague and non-specific character of the concept of mainstreaming has probably aided this rapid ascendancy; everyone understands the general idea, but no one is sure what it requires in practice\u201d [1]. What academics refer with this criticism is that even if the elements and principles of HRBA exist on paper, it is not clear what each one of them means in reality when approaching a project [2]. It is unclear how PANEL principles will personify in reality. There are no clear and concrete actions that constitute a manifestation of HRBA. This lack of clarity leads to the belief that HRBA is an approach that is only ideal on paper.<\/span>\u00a0<\/span><\/span><\/p>\n Connected to the aforementioned, the second criticism of the HRBA is its difficulty to<\/span>operationalize<\/a> projects in local contexts. Commentators have argued that successfully achieving an HRBA may be difficult depending on the local context; a \u2018rights-based\u2019 approach does not necessarily replace a \u2018needs-based approach\u2019 [3]. Each country has different legal agendas, legal frameworks, and political tensions that make it difficult to accomplish a HRBA. Additionally, the needs of every country vary; they depend on the economic, political, and social sectors. Not every problem has a \u2018one size fits all\u2019 solution. Instead of having an HRBA, commentators think there needs to be a \u2018needs-based approach\u2019 that focuses on each country\u2019s special needs.<\/span>\u00a0<\/span><\/span><\/p>\n The last criticism regarding HRBA is the matter of accountability. Usually, big infrastructural projects are in<\/span>charge<\/a> of private companies that have the experience and the economic strength to develop those projects. Under international law, the State is the principal duty-bearer concerning the human rights of the people living within its jurisdiction [4]<\/span>. However, there is no forum nor national in India or international- that oversees the actual fulfillment of the HRBA, and there is no body that specializes in the reviewing and sanctioning of projects that do not fulfill the HRBA. As Uvin stated, \u201cthe very move from charity to claims brings about a focus on mechanisms of accountability. If claims exist, methods for holding those who violate claims accountable must also exist. If not, the claims lose meaning<\/em>\u201d [5]<\/span>.<\/span><\/span><\/p>\n \n India\u2019s opportunity to take a Human Rights Based Approach (\u201cHRBA\u201d) in Energy Infrastructure Projects<\/strong>\u00a0<\/strong><\/span><\/p>\n India\u2019s Prime Minister has prioritized energy infrastructure projects in the country\u2019s agenda. At the 2021 United Nations Climate Change Conference (COP26), Narendra Modi announced that the country would<\/span>escalate<\/a> its displacement and raise its renewable energy capacity target for 2030 by 50GW to 500GW4. He also<\/span>committed<\/a> to reaching net zero by 2070. To achieve those goals, India has focused on developing solar assets and a sustainable energy transition. Examples of the aforementioned are the 1 GW solar plant in Bikaner, Rajasthan, which aims to<\/span>develop<\/a> a grid-connected solar project; the renewable energy supply round-the-clock, which uses battery storage that<\/span>overcomes<\/a> the intermittency associated with sunshine and wind and; the renewable energy park located in the state of Gujarat which sets to<\/span>operate<\/a> with both windmills and solar panels. All of these projects are key examples of infrastructure projects that can take an HRBA.\u00a0<\/span><\/span><\/p>\n India can prevent multiple human rights violations by implementing HRBA in its energy infrastructure projects. To do so, first<\/em>, it must<\/span>centralize<\/a> knowledge and understanding of human rights related to energy infrastructure. The development of interdisciplinary academic studies that can give clear guidelines on how to address human rights on energy infrastructure projects are key to implementing HRBA. Additionally, \u201call States need to take steps, individually and through international cooperation and assistance, to ensure that national statistical organizations around the world have sufficient capacity to produce reliable data, including disaggregated data to effectively eradicate<\/em>\u201d all forms of violations of human rights<\/span>connected<\/a> with energy, and particularly connected to energy infrastructure projects. With a clear and comprehensive understanding of human rights in energy infrastructure projects, a clear and comprehensive HRBA -that embodies the PANEL principle of access to information- can be implemented.\u00a0<\/span><\/span><\/p>\n Second<\/em>, India must include the representation of all rightsholders in the design, approval, finance, and implementation of energy infrastructure projects. \u201cEnsuring informed and effective participation of rightsholders in these processes is<\/em><\/span>essential<\/a> to shedding light on systematic human rights violations connected<\/span><\/em>\u201d with energy infrastructure projects. \u201cThis often<\/em><\/span>requires<\/a> rearranging and reconfiguring institutional arrangements throughout the policy cycle: inclusive agenda setting, policy analysis, and formulation, decision making, implementation and evaluation<\/span><\/em>\u201d in all energy infrastructure projects. Moreover, the development of energy infrastructure projects must consider -as India\u2019s prime minister has prioritized- the transition to a sustainable energy system. \u201cAll States must<\/em><\/span>take<\/a> steps to effectively consider and utilize the best available scientific evidence on ecological limits, the human rights implications of disrespecting those limits, and the possibilities for a human rights-based energy transition that leaves no one behind<\/span><\/em>\u201d. Infrastructure projects with an HRBA must<\/span>consider<\/a> the creation of employment opportunities, prioritize health and boost economic resilience. By doing so, the PANEL principles of participation, legality, and non-discrimination could be fulfilled.\u00a0<\/span><\/span><\/p>\n