China UPR: Cease overseas mining and power plant construction and urgently address human rights violations

Instead, China must urgently focus on providing remedies for communities harmed by Chinese-backed mining and power plant projects and prevent future abuses and violations of the right to food and nutrition.

Despite President Xi Jinping's 2021 pledge to support green and low-carbon energy development in developing countries, and China's promise to halt the construction of new overseas coal power projects, numerous local communities worldwide continue to endure the devastating impacts of Chinese-backed coal mines and thermal plants. These projects compromise their access to food, nutrition, and related rights, revealing a glaring inconsistency between China's commitments and the harsh realities on the ground.

Coal mining projects frequently involve forcible land acquisitions, leaving affected communities with no choice but to sell their agricultural land, often without adequate compensation. In Sahiwal, Pakistan, communities faced a coercive government land acquisition process and many farmers were forced into selling their agricultural lands to make way for a Chinese-funded coal-fired power plant. Multilayered pollution is already affecting local food production — damaging agricultural land and crops, contaminating water used for irrigation and domestic purposes, and altering food consumption patterns.

In parts of Serbia, people can no longer grow food for their own consumption and are forced to rely on supermarkets, straining household incomes. The severe pollution of air, water, and soil caused by coal thermal plants has taken a significant toll on human health in Tuzla, Bosnia and Herzegovina.

“Authorities did not do anything to stop the pollution generated by the old coal power plant and ash disposal sites. The pollution will continue for decades to come without any consequence for the authorities, while people continue to fall ill,” says Denis Zisko from the Aarhus Center.

FIAN’s joint submission to the UPR highlights glaring irregularities in community consultation and environmental impact assessment procedures. In Tuzla, Bosnia and Herzegovina, authorities renewed an environmental permit for the Tuzla 7 thermal power plant, despite complaints from civil society groups that emission values were not prescribed in line with the European Industrial Emission Directive during the impact assessment process. This exemplifies flagrant violations of national laws and policies.

“Although the Chinese side was aware of the fact that it could not deliver the equipment produced by General Electric – which was listed as a technical obligation in the contract between China Gezhouba Group Company Limited and Elektroprivreda BiH – it still put pressure on BiH authorities to continue with the project and insisted that this equipment be replaced by an alternative one, produced by a Chinese company,” laments Denis Zisko from Aarhus Center in BiH.

“This shows the contractor's complete lack of interest in withdrawing from the Tuzla 7 project and thereby fulfilling China’s pledge to support green and low-carbon energy development in developing countries.”

In Serbia, the Kostolac B3 in Drmno was constructed without legally obtained permits.

"We have challenged this before the Aarhus Convention, which proves that none of the coal capacities can be legally constructed. This situation highlights how China, in collaboration with Serbian authorities, is systematically undermining legal security in Serbia," says Zvezdan Kalmar from the Center for Ecology and Sustainable Development (Centar za ekologiju i održivi razvoj, CEKOR).

While this leniency in enforcing existing policies and laws by national governments is concerning, China's actions constitute a breach of its human rights obligations beyond its borders (extraterritorial human rights obligations). China has also disregarded the 2023 recommendations (Concluding Observations) of the UN Committee on Economic, Social and Cultural Rights, which specifically called for a halt in ongoing financing for coal-fired plant construction abroad and for China to ensure that business entities are held accountable for violations of economic, social, and cultural rights, with particular attention to peasants’ land rights, environmental impacts, and expropriation.

These recommendations echo demands made by several states during the UPR China review, including the Marshall Islands (suspension of ongoing financing for coal-fired power plants), Ecuador (measures to ensure that companies and financial institutions operating abroad respect human rights in all their activities), and Mexico (implementation of the recommendations on business and human rights made to China by the Committee on Economic, Social and Cultural Rights).

Signed:

Aarhus Center BiH

Center for ecology and sustainable development, CEKOR

FIAN International

Pakistan Kissan Rabita Committee PKRC

For more information or media interviews, please contact Tom Sullivan, FIAN International Communication and Campaigns Coordinator: sullivan@fian.com