Mining on Indigenous Land : How Might CSDDD Promote Sami Influencein Future Swedish Mineral Extractions?
2024
van den Tempel Almaas, Amanda
As the green transition gains importance, the demand for green technologies and rare earth elements (REE)has surged. The Nordic countries are overall well-supplied with minerals and metals, however, they have a ratherunique dilemma. Knowing that the majority of Swedish mines are situated on Sápmi, a relevant question is raised:How do we extract mineral resources to benefit the green transition, whilst respecting the land of Europe's onlyIndigenous group, the Sami people? Moreover, as the CSDDD framework emerges, yet another question is raised:How might CSDDD promote Sami influence in future mining-related decision-making? To explore this matter, I haveconstructed a most likely scenario and used the recent REE findings in Kiruna as a case study. The framework seemsto promote Sami influence in numerous ways as it creates a new legal ground to demand participation and seek justice,expands the definition of Sami interests, allows for consultations with nearby Sami villages, includes the Samiperspective on negative impacts, and could result in Sami people being consulted in terms of Indigenous rights-holders.However, if the framework and the Swedish mining permitting system are not synchronized properly, it might resultin cases where mining companies receive permits that conflict the will of the Sami people. Furthermore, theframework’s mentions of stakeholder engagement and Indigenous participation leave room for interpretation. At worst,the level of Sami influence in future mining-related decision-making could lie in the hands of the member states, andhence, the mining companies.
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