Home Complaints database Fivas vs. Norconsult
Complaint

Fivas vs. Norconsult

Norconsult’s lack of due diligence in Malaysia

Date filed
22 August 2014
Keywords
Countries of harm
Current status
Agreement
Sectors
NCP

Allegations

The Murum and Baram hydropower projects are part of the Sarawak Corridor of Renewable Energy (SCORE)-programme initiated by the Malaysian Government. Sarawak is one of the two Malaysian states on the island of Borneo and the largest of Malaysias 14 states. The population of Sarawak consists of several indigenous groups, many of the groups in the interior of Sarawak are affected by logging and large infrastrucutre projects. The indigenous peoples most affected by the Murum and Baram dams are the Penan, Kenyah and Kayan communities, many of which have either already been forced to relocate due to the construction of the Murum Dam or will be displaced if construction of the Baram Dam is approved. The company Sarawak Energy Berhad (SEB) is the primary developer of both hydropower projects.

Norconsult, through its subsidiary company NorPower, has provided technical advice and assistance to both the Murum and Baram projects and is thus considered linked to the adverse human rights and environmental impacts of the dams through its business relationship with SEB. FIVASs complaint contends that Norconsult failed to conduct appropriate due diligence to identify, prevent and mitigate the impacts caused by the dams.

Relevant OECD Guidelines

Outcome

The Norwegian NCP conducted an initial assessment and accepted the case in January, 2015. After agreeing on the terms for mediation, both parties accepted the NCPs offer of good offices and engaged in mediation in April, 2015.

The mediation was successful and resulted in a joint agreement and commitment by Norconsult to respect the right to free, prior and informed consent (FPIC) of indigenous communities affected by projects to which it is linked (in accordance with ILO Convention 169 and the UN Declaration on the Rights of Indigenous Peoples (UNDRIP)). Norconsult also committed to implementing a full human rights due diligence procedures in order to avoid and minimise the adverse impacts of major hydropower projects on human rights and the environment.

More details

Defendant
Company in violation
Complainants
Affected people
Date rejected / concluded
2 June 2015

Documents