Ms Sil Katrien Maslov Lescrauwaet
Sil recently completed a Master degree of the Conflict and Development studies research group (Ghent University, Belgium). Her master’s thesis explored the role of organized civil society in striving for justice and inclusivity, in the midst of the rapidly developing green hydrogen industry in the Southernmost region of Chilean Patagonia (Magallanes and Tierra del Fuego). Her research interests are environmental and social justice, energy justice, legal pluralism, and (Marxist critiques on) extractive industries.
Introduction
As the world races to meet ambitious climate targets, particularly achieving net-zero emissions by 2050, the transition to renewable energy has emerged as a central strategy for sustainable development. Green hydrogen, produced via electrolysis powered by renewable energy, stands out as a critical player in this transition (Kovac et al., 2021). With its capacity to decarbonize energy-intensive sectors, many countries view green hydrogen (GH) as the key to a low-carbon future. In this context, Chile has positioned itself as a future global leader in the renewable energy sector, with the southernmost, largest and second least populated region of Magallanes identified as a prime location for large-scale GH projects due to its abundant wind resources (Acosta et al., 2022). However, while the GH industry is heralded as a vital step towards a sustainable future, it also poses significant challenges, particularly in terms of human rights and socio-environmental justice (Cremonese et al., 2023).
In Magallanes, the rapid development of GH projects has sparked concerns among local communities and activists about the social, environmental, and economic impacts of these initiatives. Drawing on fieldwork research conducted in January (2024, Magallanes and Tierra del Fuego Island) as part of my master’s thesis, this blog post explores the implications of these projects for human rights, emphasising the critical role of local organised civil society (OCS) in advocating for a more inclusive and just energy transition. For this research, the term OCS was drawn by applying Gramsci’s conception of civil society as a “subaltern”, an entity that is excluded, yet exploited by hegemonic powers (Green, 2002). Here, OCS refers to a civil society that organised itself, forming collective action and social organization by non-state actors aimed at influencing public policy, safeguarding community interests, and promoting social and environmental justice. The choice of the term OCS is deliberate, as it captures the structured and coordinated nature of collective action that goes beyond spontaneous or informal resistance or contestation. To maintain confidentiality, any specific reference to individuals or organizations from this research period have been anonymized. The case of Magallanes serves as a microcosm for broader debates on the intersection of human rights, environmental justice and sustainable development, illustrating the need for a rights-based approach to the global energy transition.
The Green Hydrogen “Rush” in Magallanes
The development of GH in Magallanes and Tierra del Fuego Island is driven by both local and global imperatives. On the one hand, Chile aims to become a leader in renewable energy, leveraging its geographical advantage to produce hydrogen through wind-powered electrolysis (Bartlett, 2022; Garcia & Oliva, 2023). The potential benefits of this industry are clear: it could provide a sustainable source of energy, boost employment, and contribute to global efforts to combat climate change (Acosta et al., 2022; CORFO, 2023). The region’s strong and consistent winds make it an ideal location for GH production, driving the attention of international investors and corporations eager to capitalise on the global demand for clean energy.
Furthermore, the urgency of the global climate crisis and energy insecurity, coupled with the increasing demand for alternative energy sources, has created a sense of urgency - or a “rush” - to establish large-scale GH projects in Magallanes. Additionally, this has led to concerns that in the drive to meet global climate targets and Chile’s ambition to offer a competitive climate for foreign investors, the local socio-environmental impacts of these projects are being overlooked. The concerned population, including socio-environmental action and advocacy groups, as well as NGO members, local experts and some ranch owners, fear that the rapid industrialization of their region could lead to environmental degradation, water scarcity, and disruption of traditional ways of living.
The scale and speed of these developments have led to accusations of “green colonialism”, where the benefits of the energy transition are primarily reaped by international corporations and distant markets, while the social and environmental costs are borne by local populations (Dorn, 2022). This sentiment reflects broader critiques of green extractivism (Dunlap et al., 2024) where, under the guise of sustainability, natural resources are exploited in ways that replicate the same patterns that have characterised traditional extractive industries (Alarcón, 2023), e.g. the unequal wealth distribution, conflict, violation of human rights, unsafe labour conditions, climate change, soil depletion, contamination (Burchardt & Dietz, 2014). An analysis provided by Dunlap and Laratte (2022) regarding the EU Green Deal highlights how the rapid deployment of renewable energy projects can lead to what they term “infrastructural colonisation”. This process, wherein ecosystems and communities are sacrificed under the guise of climate mitigation (i.e., becoming sacrifice zones), mirrors the concerns expressed by local OCS in Magallanes regarding the green hydrogen industry (GHI). Just as Dunlap and Laratte (2022) argue that these green initiatives often perpetuate existing inequalities and environmental harms, a similar concern exists that the projects in the region may exacerbate local socio-environmental injustices rather than address them.
This dynamic has significant implications for human rights. The principle of free, prior, and informed consent (FPIC) enshrined in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), requires that indigenous peoples be consulted and give their consent before any development projects are carried out on their lands. In Magallanes, many members of OCS feel that they have been excluded from meaningful consultation processes, with decisions being made without their input or binding consideration of their rights. However, the lands in dispute are mainly privatised, and most members of the OCS are not part of an indigenous community, therefore no legal damages arise regarding this matter. Still, this exclusion not only undermines the legitimacy of the GH projects, but also risks violating the rights of the local population to adequately participate in decisions that affect their lives and environment.
Implications for Human Rights and Socio-environmental Justice in Energy Transitions
The case of GH development in the region highlights an important intersection between environmental sustainability and human rights. Moreover, at the heart of the concerns surrounding the GHI in the region are the issues of socio-environmental justice and energy justice. Socio-environmental justice not only refers to the fair distribution of environmental benefits and burdens, or the recognition of the rights and voices of all stakeholders, especially marginalised communities in environmental decision-making processes. It also extends to recognising nature as a rights-holder itself (Pope et al., 2021). This expanded view, rooted in earth system law, asserts that ecosystems and natural entities possess intrinsic rights that must be upheld, alongside human interests, in the pursuit of justice. Additionally, the term refers to nature as a rightsholder itself. In the case of GH projects this justice framework is crucial because, if not properly addressed, these projects could exacerbate existing inequalities. Here, the experiences of the local OCS in Magallanes and Tierra del Fuego suggest that these principles are not being upheld.
The potential for green hydrogen to transform the global energy landscape is clear, but so too are the risks if this transition is not inclusive and just (Tunn et al., 2024). A sustainable energy transition must ensure that no group is disproportionately burdened or excluded from the benefits, a principle encapsulated in the concept of “energy justice”.
Energy justice (Jenkins et al., 2016) consists of three main pillars.
First, procedural energy justice refers to the fairness of the processes that lead to outcomes (Jenkins et al., 2016). In the context of GH development, this means ensuring that local communities have meaningful opportunities to participate in consultations, access information, and influence decisions. The perceived lack of transparency and inadequate public consultations in Magallanes undermine these rights, leading to feelings of disempowerment and distrust among OCS. For human rights practitioners, this underscores the need to strengthen legal frameworks that protect the right to participation, particularly for marginalised and indigenous communities, like the descendants of the Selk’nam, the first nation people of Tierra del Fuego.
The second pillar is distributional energy justice, which concerns the equitable distribution of the benefits and burdens of energy development projects (Jenkins et al., 2016). In Magallanes, there is a perception that while international corporations and investors stand to gain significantly from GH production, local communities will bear the environmental and social costs. This imbalance not only raises issues of fairness but also has legal implications. International human rights instruments, such as the International Covenant on Economic, Social, and Cultural Rights (ICESCR), emphasise the right of all people to participate in and benefit from their country’s development. The case of GH in Magallanes illustrates the need for policies that ensure local communities a fair share of the (economic) benefits of development projects, while also being protected from disproportionate environmental impacts.
Third, the recognition of energy justice involves acknowledging and valuing the perspectives, rights, and knowledge of all stakeholders (Jenkins et al., 2016). In many cases, local and indigenous knowledge systems offer valuable insights into sustainable land and resource management. However, in the GH development process in Magallanes, the OCS is advocating recognition of their local knowledge, since they experience it has often been sidelined in favour of technocratic and profit-driven approaches. This marginalisation of local voices not only undermines the legitimacy of the projects but also represents a form of epistemic injustice, where certain ways of knowing and understanding the world are devalued (Müller et al., 2022). For human rights advocates, this highlights the need for frameworks that respect and incorporate local knowledge and cultural values into development planning.
Dillman and Heinonen (2022) present a comprehensive examination of the hydrogen economy through the lens of energy justice, underscoring the importance of being proactive in addressing potential social injustices as the hydrogen economy develops. Since energy justice addresses inequalities in the production, consumption, and governance of energy, it calls for a balance that reflects the needs and rights of all stakeholders. A more recent study by Tafon et al. (2023) underscores the importance of adopting an integrated approach to justice that goes beyond human-centred frameworks. Their findings suggest that, for energy transitions to be truly just and sustainable, they must consider and address the interconnected wellbeing of both humans and nonhuman stakeholders, ensuring that ecological integrity and social equity are not sacrificed in the pursuit of decarbonization.
In the region, local communities are raising concerns about the transparency of GH project planning, the lack of adequate consultation, and the potential long-term ecological impacts. These concerns point to violations of both recognition and procedural justice, as the voices and knowledge of local populations are perceived to have been sidelined in favour of fast-tracking industrial development. The opaque nature of project licensing and environmental assessments has fueled scepticism and uncertainty about whether GH development will truly benefit the region or primarily serve the interests of external actors.
The Role of Local Organized Civil Society (OCS)
Local OCS play a crucial role in advocating for socio-environmental justice in the Southernmost Chilean region. In August 2023, the local OCS organised itself into the Panel Ciudadano the Hidrógeno Verde en Magallanes (PCHM). Composed of community groups, environmental organisations, local experts and activists, it serves as a vital conduit for the voices of those potentially most affected by GH development.
Through public forums, open letters, collaborations with artists and negotiations with government and corporate representatives, the OCS works to ensure that local perspectives are included in the conversation about the region’s future. It plays a critical role in raising awareness about the potential impacts of GH projects, challenging the narratives of development put forward by corporations and government officials, and advocating for more inclusive and transparent decision-making processes. Its work underscores the importance of civil society in holding powerful actors accountable and ensuring that development projects are conducted in a way that respects human rights and promotes sustainable, inclusive development.
However, the efforts of OCS are not free from challenges. It faces significant resistance from both industry and government actors, who tend to focus on the economic and geopolitical benefits of GH development, and less on the rights and well-being of local communities. This highlights the need for stronger legal protections for civil society activists and for mechanisms that allow them to participate meaningfully in decision-making processes (Sovacool et al., 2023).
Challenges to Genuine Inclusivity in the Energy Transition
Achieving genuine inclusivity in the energy transition requires more than just token participation. It involves creating spaces where all voices can be heard, where local knowledge is valued, where public consultation is legally enshrined, and benefits of development are shared equitably. In Magallanes, several barriers hinder this inclusivity.
First, despite the promises of transparency, many local residents feel that they are not being adequately informed about the potential dimensions and impacts of GH projects. This lack of information makes it difficult for communities to engage meaningfully in consultations and to advocate for their rights effectively.
Furthermore, in many cases, public consultations are held as a formality rather than a genuine effort to engage with local communities: meetings are often poorly advertised, held at inconvenient times, or conducted in ways that do not take into account local populations’ way of life. This undermines the legitimacy of the consultation process and fuels scepticism about the true intentions of developers and policymakers.
Lastly, there is a significant imbalance of power between local communities and the corporations, clustered as Asociación Gremial H2V Magallanes, driving GH development. Corporations often have greater access to legal expertise, financial resources, and political connections, which can be instrumented to navigate regulatory frameworks and lobby for favourable policies. Meanwhile, local communities, as highlighted by the PCHM in my research, often lack effective channels for participation and face challenges in advocating for their rights. This dynamic undermines fair representation and hinders community-led advocacy. The Escazú Agreement, which guarantees access to information, public participation, and justice in environmental matters could play a crucial role in addressing these imbalances by ensuring that communities have the legal backing and support needed to participate effectively. Strengthening legal protections and providing independent legal and technical support are essential to empower local voices and ensure equitable participation in the decision-making process.
Building a Just and Sustainable Future
A pluralized (Sovacool et al., 2023) rights-based approach to energy transitions is crucial to ensure that the benefits of renewable energy are distributed equitably and that the rights of local communities are upheld. This requires not just policy reforms but also a fundamental shift in how development is conceived and implemented (Sovacool et al., 2023). Central to this is the concept of energy democracy (van Veelen & van der Horst, 2018), which advocates for a decentralised and participatory approach to energy governance. Local communities must be genuinely and formally included in consultations, with their perspectives integrated into decision-making processes, not merely as a formality to “tick the box” but as active stakeholders shaping the direction of development.
The Escazú Agreement, a landmark treaty in Latin America and the Caribbean and ratified by Chile, provides a robust framework for advancing environmental justice. It mandates access to information, public participation, and justice in environmental matters, reinforcing the rights of communities to have a say in projects that affect them. During my research period (January, 2024) the implementation plan for the Escazú Agreement in Chile was still in the phase of public consultation. For Magallanes, effective implementation of the Escazú Agreement will arguably mean more transparent consultations, access to information, rigorous environmental assessments, and legal recourse for affected communities and the protection of human rights defenders in environmental matters overall. However, while the Agreement sets a strong foundation, more proactive measures could ensure that corporations are held accountable and that strict environmental standards are developed for this industry. Investors could be enforced to ensure fair environmental and social outcomes for local populations by incorporating binding sustainability clauses into investment contracts. Still, the question remains whether the Escazú Agreement and a revised investment policy would serve as a sufficiently large bridge to fill the gap between injustice, exclusion, and the urgent need for sustainable energy alternatives.
Moreover, it is imperative to address the systemic power imbalances that often marginalise local voices in favour of corporate and state interests. This includes creating legal mechanisms to protect the rights of communities, enforce environmental regulations, and ensure that the economic benefits of green hydrogen development are shared. The global energy transition must not replicate the exploitative practices of the past but instead promote a just and sustainable future where technological progress goes hand in hand with social equity and environmental stewardship.
Conclusion
The case of GH development in the Southern Patagonian region of Chile highlights the complex interplay between sustainable development and human rights. While GH has the potential to contribute significantly to global climate goals, its success depends on ensuring that the transition is both just and inclusive. This requires a rights-based approach that prioritises the voices and rights of local communities and their social and natural environment, integrates local (expert) knowledge in a binding manner into development planning, and ensures that the benefits of the energy transition are shared equitably.
The GHI in the region stands at a pivotal juncture, where technological innovation should be harmonised with the needs and values of all parties involved to protect the region’s ecological integrity and the wellbeing of its inhabitants. The journey of Magallanes towards embracing GHI is a microcosm of the global challenge of achieving sustainable energy transitions, where success is measured not only in gigawatts but in the fulfilment of justice, equity, and community resilience.
The Human Rights in Context Blog is a platform which provides an academic space for discussion for those interested in human rights, democracy, and the rule of law. We are always interested in well-written and thoughtful comments and analyses on topical events or developments. Scholars from all disciplines, students, researchers, international and national civil servants, legislators and politicians, legal practitioners and judges are welcome to participate in the discussions. We warmly invite those interested in writing a post to send us an e-mail explaining briefly the relevance of the topic and your background as an expert. We will get back to you as quickly as we can. All contributors post in their individual capacity, and their opinions do not necessarily reflect the official position of Human Rights in Context, or any organisation with which the author is affiliated.
Commentaires