Report | First published from Amnesty International Finland, Norway and Sweden | January 31, 2025
How mineral extraction and new energy projects without free, prior and informed consent are threatening Indigenous Sámi livelihoods and culture in Sweden, Norway and Finland
Executive Summary
Climate change is not only the greatest environmental emergency of our time, but also a resulting human rights crisis. Despite the global nature of climate change, it often takes its greatest toll on already vulnerable countries, people and communities. Arctic Indigenous Peoples are among the first to face the direct consequences of climate change and are particularly sensitive to its impacts.
The world is at a tipping point, and all states must urgently intensify their efforts to combat climate change. The emissions warming the climate must be rapidly reduced, but this cannot happen at the expense of those who are already most harmed by climate change. The transition to renewable energy must, therefore, be both just and consistent with human rights.
This report addresses climate justice and a just energy transition from the perspective of the Sámi People’s human rights as an Indigenous People. Our research shows why their rights, especially the right to self-determination, including free, prior and informed consent (FPIC), are essential in this context.
This report is jointly produced in collaboration with the Saami Council and Amnesty International Norway, Sweden and Finland. It is Amnesty International’s first full-length report investigating the human rights risks and concerns of Sámi Indigenous People in the Nordic countries.
Climate change, energy transition and the Sámi people
Climate change threatens the culture and existence of the Sámi Indigenous People in two ways: firstly, through direct environmental impacts such as changing weather conditions and ecosystems, and secondly, through the increasing number of energy projects and resource extraction in Sápmi in the name of “green” development and “clean” energy transition.
While the climate crisis affects people and ecosystems worldwide, the changes are especially severe in Arctic areas. These are warming nearly four times faster than the global average. Arctic Indigenous Peoples are potentially among the most sensitive to climate change because they live in close interaction with the natural environment. In addition to changing weather conditions, environmental changes related to regional economic development and prolific use of natural resources now threaten the health, well-being and entire cultures of Sámi and other Arctic Indigenous Peoples.
For the Sámi People in Norway, Sweden and Finland climate change has also brought new threats connected to land use. All three countries are looking for climate solutions by increasing the production of renewable energy and related minerals and other raw materials, and many large-scale industrial developments in Sápmi are justified by authorities as being part of the transition away from fossil fuels and towards a low-carbon economy. From a Sámi perspective, these projects are often devastating and trigger disputes between the Sámi communities and the state authorities.
Indigenous people’s rights
The Sámi have collective rights as an Indigenous People, enshrined in international treaties. The right to self-determination is a binding right in international law which refers to Indigenous Peoples freely determining their own political status and pursuing their chosen economic, social and cultural development through FPIC. Autonomy over language and culture is also an essential element of Indigenous Peoples’ rights.
According to international human rights law and standards, Indigenous Peoples have the right to self-determination and to make decisions about matters that affect their lives. The right of Indigenous Peoples to FPIC is key in this context. FPIC requires states to cooperate and consult with them on decisions that may impact their human rights in order to obtain their consent. Implementing FPIC is crucial to preventing industrial energy developments from violating the human rights of Indigenous Peoples.
This report investigates how the FPIC international human rights standard is currently implemented in legislation across Sweden, Norway and Finland. It includes three case studies: the Fosen wind farms in Norway; a planned nickel mine in Rönnbäck,1 Sweden; and mineral exploration permit processes in Finland’s Käsivarsi area. Our research shines a light on how Sámi local communities increasingly face cumulative pressures linked to “green” energy transition projects on their traditional lands.
Research methodology
The report is based on extensive desk research, including reviews of relevant laws and policies in Norway, Sweden and Finland. The three case studies focused on land use disputes were developed by examining official documents and secondary literature and conducting in-person, online and telephone interviews.
Key findings
This report argues that despite recent steps to strengthen legislation on consultations and collaborative processes with the Sámi People in Finland, Sweden and Norway, Sámi representatives still lack legal guarantees ensuring their meaningful participation and effective consultation over decisions on the proposed use of their traditional lands. A thorough analysis of Finland’s, Sweden’s and Norway’s current legislation for this report shows that all three legal systems lack safeguards obligating decision-makers to obtain FPIC from Sámi before initiating land use projects, such as wind power and mining, that may significantly impact their rights as an Indigenous People.
The case studies featured demonstrate how inadequate legislation and policies can lead to years-long disputes with great personal costs for affected Sámi. The resulting uncertainty over current and planned land use is draining and frustrating for Sámi communities and hinders the development of their culture and traditional livelihoods. The national authorities’ poor understanding of Sámi culture, power imbalances, and the limited opportunities for meaningful Sámi participation also challenge the realization of rights and the possibility to obtain legal redress for affected Sámi.
Main recommendations
In view of the findings in this report, Amnesty International and the Saami Council urge the governments of Sweden, Finland and Norway to recognize the human rights of Indigenous Peoples, including the right to FPIC, as a key part of a just energy transition. To respect, protect and fulfil human rights in the face of the climate crisis, all three states are obliged to phase out fossil fuel production and consumption as quickly as possible. To ensure the energy transition is human rights consistent, all three states should also:
- Urgently strengthen legal recognition of the Sámi People by adopting legislation, in full consultation and cooperation with the Sámi People, that ensures obtaining free, prior and informed consent (FPIC) for planned projects that may significantly impact them as an Indigenous People and their right to enjoy their culture.
- Adopt measures to ensure that decision-making at all levels relating to the climate and energy transition respects the Sámi People’s human rights and incorporates Sámi values, perspectives and traditional knowledge.
- Ensure that in all the land use projects planned in Sápmi the initiators consult Sámi representatives in order to obtain their free, prior and informed consent. No land use developments in mining or energy sector shall take place without the free, prior and informed consent of the Sámi concerned
- Allocate sufficient resources for Sámi representatives to participate effectively in consultations, including funding for legal and technical advice and capacity-building, according to the needs expressed by affected Sámi.
- Establish domestic and sector-specific mechanisms for benefit-sharing and compensation in relation to any decision to limit Indigenous Peoples’ rights within the exceptional circumstances of Article 46 of the UNDRIP.
- Ensure, through training and other resources, that decision-makers and officials who handle matters that may impact the Sámi People’s rights, including at the local, regional and national levels and in court systems, have adequate knowledge about Sámi culture and livelihoods, and the state’s international human rights obligations.
- Spread knowledge among the public, including in schools, about the Sámi People and Indigenous knowledge being part of society’s common solution to climate change, climate transition and climate adaptation.
- Adopt a national plan to implement the UN Declaration on the Rights of Indigenous Peoples.
For specific recommendations to each separate government, please see page 75 at the end of this report.