Indigenous Peoples, Business, and the Struggles for Justice in the Green Transition: Towards a Rights-Based Approach to Just Transitions

This article explores the responsibility of wind energy developers for the rights of Indigenous Peoples whose lands are affected by wind energy projects. Applying a rights-based approach and drawing on three landmark court rulings involving the struggle of Indigenous communities against the development of wind energy projects, the analysis explores the insights provided by the cases for clarifying the responsibility of business actors involved in developing such projects. It examines how Indigenous Peoples’ rights are frequently marginalized or overlooked in the planning and siting of wind energy projects and the need to respect the rights of Indigenous Peoples throughout a project in order to attain a transition that is just. Based on the analysis, we argue for a rights-based approach as the theoretical framework and analytical tool to advance justice in the green transition and a means to articulate the responsibilities of corporate actors within that context.