Jijnjevaerie Saami village vs Statkraft

Date filed

29 October 2012

Keywords

Countries of harm

Sweden

Current status

No resolution

Sector

Energy

NCP

NCP Sweden

Allegations

Statkraft is currently building a 360turbine wind farm in the municipality of Jämtland, Sweden on the traditional lands of the indigenous reindeer-herding collective of Jijnjevaerie Saami village. Much of these lands serve as migration routes and winter herding pastures.

If the project proceeds as planned, it will severely restrict the communitys ability to pursue reindeer husbandry, which is the basis of their economic and cultural survival. The project will force Jijnjevaerie Saami village members to abandon their herding practices and forcefully dislocate them from the environment that provides them with their cultural identity.
The complaint alleges that Statkraft has failed to meaningfully engage with the Jijnjevaerie Saami village and that the consultations, which have taken place have been flawed. The complaint further alleges that Statkraft has failed to take adequate steps to prevent adverse impacts from the wind farm.

Jijnjevaerie Saami village has demanded that Statkraft engage in meaningful consultations on all developments affecting them and that all appropriate steps to prevent adverse impacts on the environment and their reindeer herding practices be taken.

Relevant OECD Guidelines

Outcome

On 14 February 2013, the Swedish and Norwegian NCPs finalised their initial assessment and accepted the case with Norway taking the lead.

After the complaint was filed, the parties renewed their dialogue. The NCPs decided to defer the case to allow the parties to find a mutually acceptable solution.

In May 2013, an informal meeting between the parties was held with the Swedish NCP to discuss a set of proposals made by the Jijnjevaerie Saami village on how to mitigate the damage from the wind farm. After the dialogue failed to produce an agreement, the Norwegian NCP resumed its lead role in handling the case.

It hosted the first official meeting between the parties in November 2013 to discuss the terms of reference for mediation. The mediation facilitated by the NCP was concluded in June 2014 without resulting in a negotiated agreement between the parties.

The final statement from the NCPs was issued in February 2016. The NCPs did not find grounds for concluding that Statkraft has failed to comply with the OECD Guidelines, but provided recommendations for how Statkraft can work in a manner that even more clearly promotes
indigenous people’s rights and the implementation of the Guidelines.

An agreement between the two parties was made after the compliant concluded.