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Jijnjevaerie Saami village vs Statkraft

Case overview

Date filed 29 October 2012
Current status Concluded
Issue Statkraft's wind power plans breach Saami rights in Sweden
Summary of the case Statkraft is currently building a 460 turbine 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.
Developments/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.
Relevant OECD Guidelines
Case keywords Human rights, Energy sector, Multiple NCPs

NCP Information

NCP name National Contact Point Sweden
NCP address Gustav Adolfs Torg 1 103 33 Stockholm, Sweden
NCP website http://www.regeringen.se/sb/d/1475
Other NCPs involved

Complainant

NGO

Company Information

Company responsible Statkraft
Company address Lilleakerveien 6
0216 Oslo
Norway
Company website
Company in violation Statkraft
Country of operations Sweden
Other companies involved

Timeline of developments

Date Actor Action Description Document
24 August 2016 National Contact Point Sweden press release The Swedish and Norweign NCPs issued a press release congratulating Statkraft/SSVAB and Jijnjevaerie Saami village on reaching an agreement on their own, after the complaint had concluded without result. The NCPs, in their final statment published in February 2016, had recommended that the parties show renewed will to negioate an agreement on the futher development of the wind power projects. An agreement was later developed between the two parties which regulates the impact of and the preventive measures in the wind power projects, in order to reduce the negative effects on the Jijnjevaerie Saami village and reindeer herding. download pdf (401Kb)  
9 February 2016 National Contact Point Sweden statement The NCPs issue their final statement download pdf (818Kb)  
1 June 2014 National Contact Point Sweden meeting Mediation facilitated by the NCP was concluded without results  
14 February 2013 National Contact Point Norway accept The Norwegian and Swedish NCP have decided to accept the case. However, dialogue between the parties has been renewed since the filing of the complaint. Therefore the NCPs have decided to defer the case to allow the parties to find a mutually acceptable solution to this situation without the NCPs’ assistance. The case is put on hold until either of the parties requests the NCPs to open the case. download pdf (662Kb)  
29 October 2012 Jijnjevaerie Saami village file complaint filed at Swedish and Norwegian NCP download pdf (669Kb)  

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