Vietnam and Strategic Minerals (Part III): Participation at the United Nations (UN)

The UN’s discourses

The UN member states have no consensus on the definition and the elements that constitute “critical minerals”. Critical minerals usually refer to all non-fuel mineral materials (such as copper, lithium, nickel, and cobalt) that are essential components in many of today’s rapidly growing clean energy technologies, from wind turbines and solar panels to electric vehicles required for the energy transition.^[1] These elements have strategic and economic importance and are vulnerable to supply chain disruption. Accordingly, minerals are mentioned or related to three out of 17 sustainable development goals (SDGs) set forth by the UN in 2015 to be met by 2030.^[2] These include assuring affordable and clean energy (SDG 7), promoting responsible consumption and production (SDG 12), and taking action on climate change (SDG 13).

Within the UN, various agencies play crucial roles in overseeing mineral-related matters on an international scale. In the context of mineral resource management and development, the United Nations Conference on Trade and Development (UNCTAD) holds significant importance. The first United Nations Conference on Trade and Development (UNCTAD) was held in Geneva in 1964.^[3] UNCTAD's work encompasses promoting responsible investment in the extractive industries, facilitating trade in mineral commodities, and supporting developing countries in maximizing the benefits of their mineral resources while mitigating potential risks.

While other agencies such as the United Nations Environment Programme (UNEP)^[4] and the United Nations Industrial Development Organization (UNIDO)^[5] also contribute to mineral-related efforts, their mandates may focus more narrowly on environmental aspects or industrial development, respectively. The United Nations Environment Assembly (UNEA) established in 2012 under the UNEP, serves as a decision-making body on environmental issues and resource mobilization.[6] Apart from that, the Committee for Mineral Reserves International Reporting Standards (CRIRSCO) primarily sets standards for reporting mineral reserves and resources, ensuring transparency and reliability in the assessment of mineral assets.^[7]

Recently in 2021, the UN Secretary-General launched the “Working Group on Transforming the Extractive Industries for Sustainable Development”, to support a just energy transition through sustainable minerals development. The Working Group is co-organized by the UN Regional Economic Commissions, UNDP, and UNEP, and is intended to support efforts at the global, regional, and local efforts to enable the sustainable development of extractive industries, with a focus on critical energy transition minerals (CETMs).^[8] Additionally, during COP28 in 2023, the UN Secretary General’s initiative on Harnessing Critical Energy Transition Minerals for Sustainable Development in Least Developed and Land-Locked Developing Countries Just Transitions in Low Carbon Technologies was unveiled to work on critical energy transition minerals to respond to increasing demand for UN support in this area.^[9]

Several UN-adopted papers have been announced to shape international approaches to mineral resource management throughout history. Among these is the UN Framework Classification for Resources (UNFC), which provides a standardized system for categorizing and assessing different types of resources, including minerals. In 1997, the UN Economic Commission for Europe (UNECE) published the UN Framework Classification for Reserves and Resources of Solid Fuels and Mineral Commodities (UNFC-1997) as a unifying international system for classifying solid minerals and fuels. In response to the application of the UNFC being extended to renewable energy, injection projects for geological storage, and anthropogenic resources, the name was changed in 2017 to the UN Framework Classification for Resources (UNFC). An updated version of UNFC, with improved terminology, was released in 2019.^[10]

Notably, the UNEA 4/19 Resolution on Mineral Resource Governance outlines principles and strategies for effective governance of mineral resources to promote sustainability and equitable development.^[11] Additionally, the UNEA 5/12 Resolution on Environmental Aspects of Minerals and Metals Management emphasizes the need for environmentally sound practices throughout the mineral value chain. These adopted papers collectively contribute to shaping policies, practices, and international cooperation efforts aimed at ensuring responsible and sustainable management of mineral resources.^[12]

Most recently during COP28 in 2023, the UN Secretary-General unveiled the UN Framework on Just Transitions for Critical Energy Transition Minerals (CETMs). The framework will be proposed across 4 pillars: production capacities; trade competitiveness capacities; environmental and social stewardship; and governance and regulation. A draft UN Framework will be in 2024 based on inputs received throughout this consultation process.^[13]  

Regarding maritime areas, Part XI of the UN Convention on the Law of the Sea (UNCLOS) sets out rules governing the management and exploitation of mineral resources in the international seabed.^[14] Part XI also established the International Seabed Authority (ISA) as the regulatory body responsible for organizing and controlling all mineral-resources-related activities in the Area.^[15]

Adopted document	Years of Adoption	The main agency in charge
UN Framework Classification for Resources (UNFC)	1997	United Nations Economic Commission for Europe (UNECE)
Un Convention on the Law of the Sea (UNCLOS) - Part XI	1982	International Maritime Organization (IMO) and International Seabed Authority (ISA)
UN Framework Convention on Climate Change (UNFCCC)	1992	The UNFCCC secretariat (UN Climate Change)
Kyoto Protocol	1997	The UNFCCC secretariat (UN Climate Change)
UN Declaration on The Rights of Indigenous Peoples (UNDRIP) - Articles 24 and 32	2007	UN Office of the High Commissioner for Human Rights (OHCHR)
The Paris Agreement on Climate Action	2015	The UNFCCC secretariat (UN Climate Change)
UNEA 4/19 Resolution on Mineral Resource Governance	2019	UN Environment Programme (UNEP)
UNEA Resolution 5/12 on Environment Aspect of Mineral and Metal Management	2022	UN Environment Programme (UNEP)
The UN Framework on Just Transitions for Critical Energy Transition Minerals (CETMs)	2024 (planning)	UN Secretary-General’s Working Group on Transforming the Extractive Industries for Sustainable Development

The UN has discussed various aspects of mineral resources throughout its history but it is only recent that these discussions have gained formality and specificity. One early significant discussion related to minerals within the UN system occurred during the first UNCTAD held in Geneva in 1964.^[16] The Conference mentioned minerals among International Commodity Problems and recommended action for equitable distribution of benefits from minerals, particularly for developing countries.^[17]

While minerals themselves do not emit greenhouse gases, their extraction and processing can have significant environmental and social impacts, including habitat destruction, pollution, and human rights abuses. Therefore, discussions at the Conference of the Parties (COP) started to address the challenges and opportunities associated with mineral resources in the context of climate action.

However, there were concerns that governments are adopting competitive rather than collaborative approaches to critical mineral security and neglecting to discuss the issue in international climate negotiations. For instance, the COP26 agenda overlooked discussions concerning mineral supply chains despite substantial urging from the mining sector to engage in the dialogue. Furthermore, initial indications from COP27 organizers suggest that topics about critical mineral security and the mining industry's contribution to climate change mitigation will not be on the agenda for the event.^[18]

Finally, in 2023, during COP28, a side event titled “Responsible and inclusive management of essential minerals for energy transition” was held, organized by the UN Secretary General’s Working Group on Transforming the Extractive Industries for Sustainable Development, UN Regional Economic Commissions, and UNEP. Additionally, at COP28, the UN Secretary-General unveiled a new Panel on Critical Energy Transition Minerals that was envisioned to develop voluntary principles to guide extractive industries for just mineral transitions.^[19]

Vietnam’s participation at the UN’s frameworks

Vietnam has actively engaged in several UN initiatives concerning minerals, particularly on sustainable development and responsible mining practices. In Vietnam, the sustainable development goals (SDGs) were nationalized in the National Action Plan to implement the 2030 Agenda for SDGs in May 2017.^[20] Specifically, minerals are placed in the National Action Plan’s Target 12.2: “By 2030, achieve the sustainable management and efficient use of natural resources; remarkably exploit and economic, sustainably utilize mineral resources” and Target 17.2: “Increase the exportation of processed products with regards to fuels and minerals, and make the best use of favorable market opportunities and prices in order to increase export value”.^[21]

Vietnam has actively engaged with various UN international agreements and conventions, defining its dedication to responsible mineral resource management and climate action. Among these agreements is the UNFCCC, a pivotal document that underscores Vietnam's recognition of the urgent need to address climate change which was signed in 1992.^[22] Furthermore, Vietnam has pledged its support to the Paris Agreement 2015, a landmark accord within the UNFCCC framework, signifying its determination to mitigate greenhouse gas emissions and adapt to the impacts of climate change.

In addition to its climate-related commitments, Vietnam has also embraced agreements about marine conservation and resource governance. UNCLOS, particularly its Part XI, underscores Vietnam's acknowledgment of the importance of international cooperation in the sustainable management of oceanic resources, notably in seabed mining. In 2021, Vietnam suggested the ISA prioritize early finalizing a code of conduct on seabed mining during the 26th session of the ISA Assembly.^[23] Vietnam upholds UNCLOS’s role as a comprehensive international legal tool to adjust activities at seas, including the exploration and exploitation of minerals at the seabed.

In addition to its involvement in endorsing initiatives and treaties under the UN, Vietnam actively engages in UN conferences concerning resources and the transition to renewable energy. In line with COP26, Vietnam committed to stop deforestation by 2030 and phase out coal-fueled power generation by 2040.^[24] Another notable occasion occurred during COP28 when Vietnam's PM Pham Minh Chinh introduced a comprehensive Resource Mobilization Plan to implement the Political Declaration on establishing the Just Energy Transition Partnership (JETP).^[25] For this commitment, Vietnam’s mineral sectors are expected to undergo major changes between 2023 and 2050.

The way forward

In order to maintain its best interests regarding critical minerals, at UN platofrms, Vietnam can propose a separate working group on strategic minerals. The group can act as a focal point for mineral-related discussions at other UN platforms and a venue for experience sharing and “soft” norm creation. The group should involve businesses, especially the ones certified by the ASEAN Mineral Awards. Additionally,

Vietnam can also continue its participation in other mineral-related discussions at the UN such as UNFCC or UNCTAD. Key principles for Vietnam to emphasize are: fair distribution of profits; just treatment of local or indigenous population; prioritization of climate concerns over commercial benefits; accessible technology transfer to developing countries, etc.

Last but not least, Vietnam should raise in front of the UN the idea of an inspection mechanism to penalize inappropriate mineral restrictions that do not comply with general regulations, noting UN and WTO’s close ties. Countries should not take advantage of “national security” to restrict exports without clear and justifiable explanations.

Hoang Do, Ngoc Mai

^[1] https://www.unep.org/topics/energy/renewable-energy/critical-minerals#:~:text=The%20transition%20from%20fossil%20fuels ,solar%20panels%20to%20electric%20vehicles.

^[2] https://sdgs.un.org/goals

^[3] https://unctad.org/system/files/official-document/econf46d141vol1_en.pdf

^[4] https://www.unep.org/resources/report/mineral-resource-governance-21st-century

^[5] https://www.unido.org/general-conference-20/side-events/responsible-mining-green-transition-and-fair-future-all

[6] https://www.unep.org/environmentassembly/

^[7] https://crirsco.com/

^[8] https://www.unescap.org/sites/default/d8files/event-documents/Summary%20-%20COP28%20side%20event%20-%20critical%20energy%20transition%20minerals.pdf

^[9] https://wedocs.unep.org/bitstream/handle/20.500.11822/44171/backgrounddocumentCriticalMinerals.pdf?sequence=1&isAllowed=y

^[10] https://unece.org/sites/default/files/2023-10/UNFC_ES61_Update_2019.pdf

^[11] https://www.unep.org/resources/report/unea-419-resolution-mineral-resource-governance