2. Recommendations
Sámi rights are threatened by both the effects of climate change and by resource and energy developments aimed at addressing climate change. This double burden places the Sámi people in a vulnerable position. Research indicates that perceived fairness is one of the most important determinants for public acceptance of policies aimed at mitigating climate change.2Bergquist, M. et al. “Meta-analyses of fifteen determinants of public opinion about climate change taxes and laws”, Nature Climate Change, 21 (2022), p. 235-240. A human rights-based approach, with broad and inclusive public participation in decision-making from affected communities, can contribute to legitimacy and democratic support for a rapid and comprehensive green transition.
There are many steps the authorities can take to ensure a human-rights based and timely transition to a low emissions society by 2050, in accordance with both the Norwegian Climate Act and the rights of the Sámi people under the Norwegian Human Rights Act and international conventions. Some of the measures proposed by the Norwegian Government in 2023 for reindeer husbandry and renewable energy are a promising start to achieve this objective.3The Norwegian Government, Tiltakspakke for reindrift og energi, 20.12.2023. The following recommendations are based on the findings in this report, and are aimed at strengthening the human rights protection of the Sámi people in the context of climate change.
Recommendation 1: Mitigation Measures
State authorities should implement deep, rapid and sustained reductions in both domestic and exported greenhouse gas emissions to protect the Sámi people’s rights to culture and health from the future effects of climate change. Mitigation measures should
- be consistent with the IPCC’s reduction rates and the remaining carbon budget for limiting global warming to 1.5°C.
- not themselves be detrimental to Sámi cultural practices or livelihoods.
Recommendation 2: Adaptation Measures
State authorities should adopt timely and adequate adaptation measures to protect the Sámi people’s rights to culture and health from the existing or unpreventable effects of climate change. Adaptation measures should
- increase flexibility in land use and species management, including for example reviewing regulations and practices which make it difficult for Sámi reindeer herders to access alternative pastures or emergency support during grazing crises.
- be informed by Sámi knowledge.
- not themselves be detrimental to Sámi cultural practices or livelihoods.
Recommendation 3: Respect Sámi rights in the green transition
State authorities should adopt measures to ensure that Sámi people’s rights are respected in the renewable energy transition, including under ICCPR Article 27, considering the cumulative impacts of past, present, and potential future interferences. To do so, the authorities should consider
- an independent evaluation of their handling of the Fosen case to prevent similar human rights violations in the future.
- adopting a comprehensive national plan for onshore wind power development. The 2019 draft national plan for wind power development from the The Norwegian Water Resources and Energy Directorate could serve as a basis for this initiative (NR 12-2019, Forslag til nasjonal ramme for vindkraft).
Recommendation 4: Consultation and participation
State authorities should ensure that the Sámi Parliament and affected Sámi communities are consulted on all climate policies and measures which may directly affect Sámi interests. To do so effectively, State authorities should
- involve relevant stakeholders early to establish how climate measures might interfere with Sami rights with the objective of achieving agreement or consent.
- allocate sufficient resources and implement capacity-building initiatives to facilitate the effective participation of Sámi stakeholders.
Recommendation 5: Business responsibility to respect Sámi rights
Companies, including those in the extractive and renewable energy sectors, must undertake due diligence assessments to identify, prevent and put an end to actual and potential adverse human rights impacts for the Sámi people arising from their own operations or those in their supply chain or of business partners. This includes assessing
- the human rights impact of greenhouse gas emissions.
- the human rights impact of any industrial developments in Sámi areas.
- the quality of consultations with Sámi stakeholders in relation to these impacts.
Recommendation 6: New research on future climate risks and adaptation limits
State authorities should identify and address knowledge gaps concerning the cumulative effects of climate change and other interferences for the Sámi people to ensure there is an adequate evidence base for future human rights assessments. This includes
- more research on the future risks and adaptation limits for Sámi culture, livelihoods and health under various emission scenarios.
- Sámi traditional knowledge.