No DAPL

I have been so incredibly fortunate this week that I got to know and become friends with a group of strong indigenous women , coming to Norway to tell us about the fight for clean drinking water at Standing Rock, North Dakota, US. 

The delegation has been here this entire week, and told their story to a live audience twice, in addition to the news station NRK, on the radio, in the newspapers, to politicians and most importantly to the Ethical Council, who are the ones that advices the Oil Fund where to put their money. The delegation also had a meeting with DNB, the last Norwegian bank to withdraw from the project. This happened the day after the delegation came here. A coincident? I think not.

All the Norwegian banks are now out, but the Norwegian Oilfund is still invested with 6,7 billion NOK in the project. This is a substantial amount of money, and the withdrawal of these would create waves to other banks and funds financing the project. With the current administration in US, the hope relies heavily on European banks. 

The testimonials I have heard this week is just gruesome. I followed the fight against the Dakota Access Pipeline (DAPL) at the end of last year, and was one of the more than a million supporters who checked in on Facebook to show that my location was also at Standing Rock, as police was using Facebook sign ins as a way to see who was there, in order to arrest people. It is one thing to read about these atrocities towards humanity in the news. It is a complete different story to have that same living breathing person telling you about how their sacred places were intentionally destroyed, how they were jailed and treated in the most inhumane ways, how the police officers abused their power in the worst ways - all because a group of strong people are standing up for the right to clean drinking water.

The status quo on the 1,172 mile pipeline is that there is currently oil in the pipeline. This isn't only going to affect the indigenous communities, it is going to affect everyone who gets their drinking water from the river it is crossing (see illustration below) This goes for the local police officers arresting the Water protectors, as well as the indigenous. 

If it was only one message that was left with people who got to hear the stories of the women fighting for Standing Rock - I hope it is this; we have just about everything in common. You wouldn't want a big massive oil pipeline to run directly across your drinking water. Especially not an oil company which are known for their many spills. When we know that drinking oil causes cancer, and you think about where you get your drinking water coming out of your tap. You wouldn't want that. You wouldn't want it on your friends and family either. And you wouldn't want it on your enemy. The people at Standing Rock are just that - they are people, they are a community and they are our friends. 

Spending time with delegation today just made me even more aware of how incredibly similar we are, how much our joint humour unites us, and the vital importance that we feel and know what is going on in the US right now. The fight isn't won. The project is intended to go on. For us here in Norway, we can keep reminding the Ethical council that it is highly unethical what they are so heavily invested in. If they choose to wait an entire year to draw their money out, then that will be too late. There are also other European banks that needs to be made aware. A full list here. 

The movement around Standing Rock is very much alive, and happening right now. The momentum is stronger than ever, and it is vital to keep the momentum high. Everything is at stake for the Water protectors fighting for their right to have clean drinking water. I would encourage everyone to watch this livestream we recorded on Thursday this week, so you can hear the stories directly yourself. 

I am very glad that you read this. The more people who knows, the better. The power of this movement is the way people are coming together for this cause. We are with you, dear Water protectors, you are not standing alone. #StandWithStandingRock. 

On Article 10 in The United Nations Declaration on the Rights of Indigenous Peoples

A potential positive consequence of the petroleum industry’s expansion in Finnmark for the Sami population is the possible employment possibilities. Meanwhile, there are some prerequisites that must be in order for this to be beneficial for the Sámi. Experiences made when the ‘Snøhvit’ field was being constructed saw that the wider community was greatly beneficial, in that already existing building firms could be part of aiding the ‘Snøhvit’ building site. There are no known documentations on how this employment affected the Sámi part of the population. It is therefore necessary to explore why the Sámi population can differ so greatly from the non-Sámi. Previous research done by Vistnes et. al. (2008) shows that education relevant for the petroleum industry tends to be lower in municipalities where the majority of the population is Sámi, or have strong Sámi connections, such as all of Finnmark. This means that the competence building that the petroleum industry promise would benefit the inhabitants of Finnmark only to a lesser degree will benefit the Sámi population. Two possible outcomes of this situation that the impact assessment report suggest is that either the Sámi could work in the parts of the petroleum that does not require higher education, or that by seeing how the petroleum industry is growing be motivated to take the necessary higher education. This however is based on the assumptions that 1. The Sámi want to work for the petroleum industry and 2. That they are not already otherwise employed or preoccupied. The indirect effects of this expansion is that the non-Sámi population might grow in cities close to Sámi settlements, and in cities with a high percentage of Sámi inhabitants such as Kirkenes and Vadsø, and this can lead to a higher demand of Sámi made products. Another possible outcome of the indirect effect is that the competition from the petroleum industry will take workers away from what have traditionally been Sámi livelihoods, leading to the diminishing of the Sámi way of life. 

During the past 30-40 years Finnmark has experienced a depopulation of 10 percent, this holds true for municipalities with a strong Sámi connection as well. In Kvalsund however, a municipality with a high population of Sámi had a decreasing population right up until the Snøhvit gas field was being built. After the constructions started the population has now been stabilized. Even though, as above stated, education relevant for the petroleum industry is scarce in Finnmark, it is still a goal that the local population contributes and benefits from the industry. For many of its inhabitants and the labour that comes from other areas of the country this means that relocation is necessary, this can even be areas where the Sámi have traditionally had their settlements. If the petroleum industry settles for a LNG onshore solution, and this is situated east in Finnmark, this can be problematic for the already small Sámi population already living there. 

The report suggests that for the Sámi part of the population that lives in the cities it is equally important as for the Sámi who rely on the primary industry, that their ways of expressing their cultural identity gets an outburst. Strong Sámi institutions for education and science can be equally important for cultural expression as the primary industry. The consequences of the petroleum industry’s expansions seem to be largely negative for the primary sector, although this is not necessarily the same for the Sámi living in the cities. 

Within the official recommendation report it is stated that the northern parts of the South-East Barents Sea flake will experience that where Arctic waters meet the warmer Atlantic water the Polar Front will manifest itself. The report also agrees that the Ice Edge and the Polar Front are the foundations for a high biological production and an important breeding area for sea birds and sea mammals, with the most important seasons being the spring and summer. Nevertheless the request of opening up the South-East Barents Sea for an all year petroleum activity comes within the same document as this biological vulnerability is stated, and without specifying further the possible effects of what happens when oil meets the Polar Front. A prerequisite for this opening at the time was that this was the furthest north Norway had ever done oil drilling, and going beyond this was not recommendable. The report was approved by the Norwegian Parliament and the official recommendation of opening it came the 19th of June 2013. Only 3 months later Norway got a new government after 8 years of a socialist-left coalition. The new government was formed by the two largest conservative parties. In Norway the formal procedure for opening up new areas for oil production is first to have an impact assessment done, while this is being produced seismic shooting can be performed to locate an eventual oil well,  and if both of these elements are in order, the Parliament gives the permission for opening the new area for oil drilling and licensing rounds are held for the oil companies to choose their areas. The former government was record holding in having opened up and given away more concession rounds than all former governments in Norwegian oil history combined (SNL). This summer on the 17th of August the new government under the Ministry of Petroleum and Energy started seismic shooting in the Svalbard zone, an area where Norway’s sovereignty is politically disputed, without having started an impact assessment. In regards of giving the Sámi population a free informed prior consent, which is their right through Article 10 in The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) on what is happening to their territories, it can be argued that the Sámi are not informed that when an impact assessment is being done, the process of opening the area for oil production have already begun, as no area that has undergone an impact assessment in Norwegian oil history has ever been left alone afterwards. By not stating this fact, information is necessarily held back. The seismic shooting around the Svalbard zone got national attention when Greenpeace Norway alerted the public news that Svalbard and The Barents Sea North was under threat of being unofficially opened, and the environmental movement in Norway alongside concerned political parties pressured the sitting government to stop the seismic shooting one month before it was scheduled to be finished.

Thoughts on an Arctic Legal Treaty Recognizing its indigenous population

3.2 Thoughts on an Arctic Legal Treaty Recognizing its indigenous population

The ‘Law of the Sea Report, Vol. 3 (2012) No. 1 Don’t leave the Sámi out in the cold: The Arctic region needs a binding treaty that recognizes its indigenous peoples’ right to self-determination and free, prior and informed consent’ discusses how the indigenous people living in the Arctic have adapted their way of life in the cold for thousands of years in order to develop the necessary resilience, and how their culture and spiritual traditions have formed their own way of relating to the ecosystem called ‘Traditional Ecological Knowledge’ (TEK). This TEK makes it possible for the indigenous to interpret weather signs and accordingly predict the weather, but due to the extreme changes caused by climate change, predicting the weather has become harder, and as they can no longer with certainty rely on what was previously considered reliable sources of information, their security has decreased. The indigenous people of the northern parts of Norway, Sweden, Finland and the Kola Peninsula of Russia are called the Sámi. Their nation is called Sámpi, even though this is a nation without a state or borders, but the inhabitants of the area share the same history, culture, language and way of life. The entire Sámi population is estimated to lie between 70,000 and 100,000, where the majority is found within Norway. After the Inuits, they are the second largest indigenous group living in the Arctic and within the Sámi population there is a divide between coastal and river Sámi, mountain Sámi, forest Sámi and eastern Sámi, however, they view themselves as one people. Under the section ‘Environmental Protection’ the report explains how the Arctic has a highly complex ecosystem and how this makes it even more vulnerable to interferences. To disconnect Sámi from their land can cause cultural genocide. The source further suggests that the result of environmental changes that may cause difficulties for the Sámi must be addressed in an Arctic treaty that will protect Sámi and indigenous people living in the Arctic’s rights for protection of land and resources. This is not only in the interest of the Sámi, but also the Arctic states, as the trans-boundary pollution and over-exploitation will contaminate the Sámi’s land alongside the Arctic states resources. Article 192 of the 1982 UNCLOS (United Nations Convention on the Law of the Sea) says that nations have an ‘obligation to protect and preserve the marine environment.’(UN LOS) The report further suggests that this should also include management of the Arctic’s resources, including gas, oil and marine life, in addition to, the recognition of the indigenous peoples’ right to enjoyment of their land, which includes the right to enjoy the land’s resources. The state’s interest of utilizing these areas should not infringe on this right. Article 134 on ice-covered areas note how areas with ‘particularly severe climatic conditions’ in ice covered areas for most of the year needs regulations to prevent ‘irreversible disturbance of the ecological balance.’ These regulations shall be based on the best scientific evidence that is available. 

3.3 Arctic Energy Challenges

In the chapter ‘Miljø, ressurser og transport i Arktis - Petroleumsforekomster’ (‘Environment, Resources and Transport in the Arctic - Petroleum findings’) in the book ‘Arktiske utfordringer’ (‘Arctic Challenges’) (2012) by Geir Hønneland the author states how according to United States Geological Survey it is estimated that more than 20 percent of the world’s undiscovered petroleum resources can be located in the Arctic, and how 30 percent of these are estimated to be gas resources, and 13 percent undiscovered oil. The main component of these resources is assumed to be located offshore on the continental shelf, that is in waters with a depth that is less than 500 meters. The majority of these resources are again estimated to be on the Russian side of the borders, however as the source is aware of, these are only estimates. The estimates do not state what is technically or economically possible to produce. The scope of the undiscovered oil in the Arctic is estimated to not be large enough to alter the world’s existing supply pattern in any significant way, whereas the gas resources would be able to affect the supply pattern in the future. 1/4 of the oil equivalents, both petroleum resources combined, is set to be in Alaska and the Eastern Barents Sea, in the area where Norway has opened up for oil exploration. More than 70 percent of the estimated oil resources are calculated to be located in five main areas: Alaska, the Amerasia-pool, East-Greenland, the Eastern Barents Sea and West-Greenland/North-East-Canada (USGS 2008). 

3.4 An Oil Spill Scenario in the South-East Barents Sea

The NUPI (Norwegian Institute of International Affairs) report ‘Miljøpersepsjoner i Nordvest-Russland - Problemoppfatninger knyttet til petroleumsutbygging i Barentshavet’ (‘Environmental Perceptions in North-West Russia - Problem perceptions regarding the petroleum development in the Barents Sea’) views the differences between Norway and Russia when it comes to handling the environmental concern in the Barents Sea. The danger of oil spills is a consistent theme, and the different institutes in Russia working on how to solve this has not landed on a unison yet, partly because that there is no one today that knows the long term effect of the chemicals that are being used. Several of the methods used by Russian scientific oil institutes to avoid having physical oil spills located on the surface involves letting the oil sink to the bottom, even though this has devastating effects on the sea bottom. One of two environmental organizations consulted in Nenets, Russia, who also worked on the indigenous interests, criticized the Russian attitude which they interpreted to be as the ones who are most affected, the indigenous, are the same ones that will be least consulted.