🌱 Does mining pose a threat to Indigenous Peoples?
With “54% of energy transition metals and minerals […] on or near Indigenous Peoples’ territories”, an energy transition without involving or impacting Indigenous Peoples is not possible. Historically, mining “has always posed severe risks for Indigenous Peoples, threatening their lands, cultures, and livelihoods, often resulting in violations of their rights”. Companies now looking to mine in a more responsible manner can follow best practices and they have access to technology that can make the process safer for people and the planet. The current problem stems mostly from the fact that this is not done, and the fact that the law and voluntary market requirements set a too low standard for mining companies.
🌱 How are the Sámi People impacted?
The Indigenous Sámi People, who live in the very north of Europe, have also faced growing issues in light of increased critical raw material mining. Finland, Sweden, and Norway have special “obligations and commitments […] under national and international law” to protect the “livelihood, language, culture and way of life of the Sami people”. Yet, there is “[e]vidence of human rights abuses [occuring] on the territory of the Indigenous Sámi people”. One example of this is the violation to the Sámi people’s right to cultural practice by building wind power plants in reindeer herding districts in Norway.
🌱 What concerns are there around the EU’s Critical Raw Materials Act?
There are concerns that the EU’s Critical Raw Materials Act will add to the injustices the Sámi people face. The fear is that “prioritising mineral extraction over other concerns and imposing time limits on project permitting and consultation processes [could] exacerbate already significant – and often legitimate – resistance from Sámi and environmental groups”. For example, the Swedish mining company, LKAB’s announcement that it “plans to exploit rare earth minerals near Kiruna, trigger[ed] opposition from affected Sámi reindeer herding communities”.
🌱 What are the risks of ignoring Indigenous Peoples’ rights?
Without adequate measures to protect and respect Indigenous Peoples’ rights and “particularly their right to self-determination” and to free and prior informed consent (FPIC), there is a risk of “exacerbating existing conflicts between resource extraction industries and Indigenous Peoples communities”. This can, in turn, “increas[e] legal and operational risks for both states and industries”. In the worst case, “the pace of the energy transition – and the energy transition itself – [may be] at risk due to the potential loss of [a] Social License to Operate and social unrest”.
Read more about the mining here:
- https://www.nature.com/articles/s41893-022-00994-6
- https://www.sei.org/perspectives/eus-critical-raw-materials-act-sami-rights-protection/
- https://www.domstol.no/no/hoyesterett/avgjorelser/2021/hoyesterett-sivil/hr-2021-1975-s/