Methods for integrating human rights assessments into planning processes for new mining sites

Rasmus Kløcker Larsen leads work on goal conflicts connected to critical raw materials, together with colleagues. These often centre on land use, competing ideas of expansion and growth, and how different actors frame the need for critical raw materials.

A man, Rasmus Kløcker Larsen. Photo. — Rasmus Kløcker Larsen leads work on goal conflicts connected to critical raw materials within the Mistra Mineral Governance Programme.

“Within our research, we are interested in exploring how goals conflicts not only arise because of competing material interests but are reflective of normative tensions between different value systems; for example, between economic growth and cultural practices,“ says Rasmus Kløcker Larsen, senior research fellow at the Stockholm Environment Institute, and leader for work package three in the programme.

Currently, him and his colleagues are developing a new method for integrating human rights assessments into planning processes for new mining sites. As a case study, they are focusing on the state-owned mining company LKAB’s application for extraction of rare earth minerals at the Per Geijer site in Kiruna, situated on the customary lands of the Gabna reindeer herding community.

Their method adapts international human rights standards and state-of-the art research into impact assessments on Indigenous territories to a Sámi reindeer herding context.

“Goal conflicts related to land use are often entangled with historical injustices which the Sámi have suffered due to colonial policies of the Swedish state, which makes them even harder to reconcile. With this work, we aim to support not only Sámi actors but also mining companies and the Swedish state in integrating human rights assessments into their planning processes,” says Rasmus Kløcker Larsen.

This research also shows the need for more holistic land use planning – to reduce the likelihood that individual actors, such as for example the Sámi and mining companies, are pitted against each other which is now often the case. Approaches are needed that support the state, companies and municipalities to conduct early land use planning and be attentive to the cumulative effects of land dispossession that many Sámi communities have suffered over the decades, where their land have been increasingly used for industrial purposes.

“We need to highlight how land is used for other industries, forestry, and tourism in the North. By taking a combined look at all the myriad ways the land is used, it might be easier to address the land use conflicts arising due to the growing demand for minerals.”

Another important aspect from a human rights perspective is to ensure that affected social groups, such as the Sámi, have effective means of influencing planning processes. Today, a combination of legal, institutional and financial barriers prevents Sámi rights-holders from participating on an equal footing with the mining proponents.

By identifying how rights-based perspectives can be included into planning processes through different means, Rasmus and his colleagues hope to contribute towards more fair governance of critical raw materials. Their research is also aimed to support recent EU policy that makes human rights due diligence mandatory.

“Whilst no panacea, human rights due diligence can be a useful tool in these often-intractable conflicts. It is intended to ensure that different perspectives are heard, and that different groups can effectively participate in the planning of new mineral extraction projects.”

Does Rasmus believe more conflicts can be reconciled through making human rights perspectives mandatory?

“It is one part of the puzzle, and since it is missing completely in Sweden today it should certainly be a step forward.”

“It also provides an opportunity for business actors to adopt more robust risk assessment methodologies and be more cognizant of Sámi rights and perspectives,” he emphasises.

The elephant in the room, however, remains the urgent need to update the Swedish legislation in relation to Sámi Indigenous rights.

“Substantive progress on integration of human rights considerations into the licensing of mining projects is held back by the considerable gap between current legislation and Sweden’s international obligations to protect the Indigenous rights of the Sàmi People.”