A/HRC/43/53/Add.2
submarine tailings disposal would be approved in a National Salmon Fjord, as is the case
with the Nussir project. The Government has since amended its position and will not allow
future projects to use submarine tailings disposal, but the Nussir project is not covered by
this change in policy. The Government states that the Nussir project meets the requirements
of the Pollution Control Act and is subject to conditions intended to limit environmental
impacts.
82.
Climate change exacerbates the multiple challenges facing Sámi reindeer herders, as
changing weather and shifting precipitation patterns affect the availability of the reindeer’s
food supply. For example, while reindeer can scrape away snow to reach vegetation on the
ground, they cannot scrape away the ice that forms after freezing rain or when temperature
swings result in melting snow that freezes into ice.
83.
Reindeer herders also strongly oppose the orders forcing them to reduce the size of
their herds, an action the Government says was necessary to protect the health of reindeer
and the ecological health of regions that were being overgrazed. The mandatory reduction
caused extensive anguish in Sámi communities, and is the focus of a complaint before the
United Nations Human Rights Committee.
84.
The Special Rapporteur on human rights and the environment endorses the
recommendations made by the Special Rapporteur on the rights of indigenous peoples in
2011 and 2016 (A/HRC/18/35/Add.2, paras. 72–89, and A/HRC/33/42/Add.3, paras. 73–
89), noting with concern that progress in implementing these recommendations has been
slow. For example, there is widespread agreement that the Minerals Act needs to be
updated to clarify and protect Sámi rights. A new agreement that would extend the
consultation process for Sámi people and rights to include county and municipal
governments has been delayed, but would be an important step forward.
85.
The Sámi also depend highly on fisheries, yet they face challenges in securing
adequate access. For example, the Sámi have requested an increase in their quota for cod, to
a seemingly modest 1.2 per cent share of the total allowable catch. In 2016, the Norwegian
Institute of Human Rights recommended that the Sea Sámi’s right to fish be established by
law, since it is part of the practice of their culture and based on their historical fishing
customs. The Sámi are also deeply concerned about the impact of fish farms on wild
Atlantic salmon.
86.
Like most indigenous peoples worldwide, the Sámi are environmental human rights
defenders. In view of its longstanding and ongoing leadership at the international level in
protecting environmental human rights defenders, Norway could provide a model for the
world in protecting the rights of indigenous peoples, protecting the environment and
highlighting the connections between human rights, healthy ecosystems and healthy people.
V. Business and human rights
87.
The Government expects businesses to respect the environment and human rights.
To this end, Norway has extensive legislation, described earlier in the present report, as
well as a national action plan on business and human rights. An evaluation conducted by
the Norwegian Agency for Development Cooperation concluded that, while the 2015 action
plan was sound, there were implementation gaps. Specifically, the evaluation found an
emphasis on awareness-raising about the Guiding Principles on Business and Human
Rights, but “much less attention on how to ensure that the principles are implemented”.42
88.
There is an interesting Norwegian case involving the OECD Guidelines for
Multinational Enterprises. Under the Guidelines, national contact points are responsible for
raising awareness in both the business community and civil society and dealing with
complaints that the Guidelines have been breached by multinational enterprises operating in
or from their territories. Friends of the Earth Norway and the Norwegian Forum for
Environment and Development filed a complaint with the Norwegian National Contact
Point in 2009 alleging that Cermaq, a large Norwegian aquaculture company, had
inadequate environmental policies and practices and was violating the rights of indigenous
42
16
Geir Sundet and others, UNGP, Human Rights, and Norwegian Development Cooperation Involving
Business (Norwegian Agency for Development Cooperation, September 2018).
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