Does your company have projects registered under UN Clean Development Mechanism?
Devoll (Albania)
Allain Duhangan (India)
La Higuera (Chile)
La Confluencia (Chile)
Cheves (Peru)
Moinho (Brazil)
Seabra, Novo Horizonte and Macaúbas (Brazil)
Does your company have a publicly available commitment to respect human rights? If so, please provide a link.
Statkraft’s policy commitment, adopted by its Board of Directors, is included in our Code of Conduct to be found on our website.
For information, Statkraft’s Corporate Responsibility and HSE Policy (adopted by Statkraft’s CEO, as part of the operationalisation of the policy commitment contained in the Code of Conduct) also contains commitments on human rights. For information also, Statkraft considers human rights as one of its material aspect in the area of corporate responsibility and has adopted an ambition and goals towards 2020 on human rights, as reflected in its recently published Annual Report.
Does your company identify its salient human rights issues and does it have a due diligence process to manage them? If so, please list the issues and describe the due diligence process (key steps include: impact assessment, integrating & acting on findings, tracking responses & communicating how impacts are addressed).
Statkraft has, in particular since 2009, been working towards mainstreaming human rights in all relevant processes and governing documents. The aim is to include human rights management into our day-to-day business (where possible this is the preferred approach, rather than creating ad-hoc management processes). Among our main salient human rights issues are the rights related to community acceptance and labour rights in particular in our supply chain. Our salient human rights issues are managed as part of our processes designed to implement the IFC Performance Standards on Environmental and Social Sustainability when it comes to greenfield, reinvestment or M&A, as well as in our Responsible Supply Chain Initiative. Impacts are assessed through these processes, findings are integrated and acted upon, responses can be tracked and communication on how impacts are addressed is done in several ways (for instance, through specific project website, stakeholders dialog, brochures, information meetings, reported in our annual report or on our website). Statkraft generally strives to work on continuous improvement and this is applicable to our human rights efforts as well..
Does your company ensure its consultations include the perspectives and respect the rights of all affected community members (including those who may be marginalised for reasons of gender, social status, age, religion, wealth or income or other considerations)? How is this ensured?
As stated above, Statkraft assesses and manages its social and environmental impacts in compliance with the principles of the IFC Performance Standards on Social and Environmental Sustainability, which include specific requirements on working conditions, pollution control, community health, safety and security, involuntary resettlement, biodiversity conservation, indigenous people, and cultural heritage. Statkraft also takes guidance from the principles contained in the OECD Guidelines for Multinational Enterprises which in turn refer to the UN Guiding Principles for Business and Human Rights. Our work is also based on or complementary to the important work that is performed by States, and their human rights obligations in this area.
Statkraft’s decision model for greenfield, reinvestments and M&A transaction processes aims at ensuring that investment decisions are performed in a uniform way, based on our authority matrix. At an early phase of the project a stakeholder mapping and the definition of a project influence area are included in early phases of a project. Communities within the project influence area, rights holders and key stakeholders are accordingly identified in this early stage.
Different levels of consultations are usually undertaken with rights holders and communities during the assessment of the investment opportunities. The first series of contacts with local key stakeholders take place during the screening/scoping phases – prior to a formal environmental assessment process is undertaken. Later on, if the investment opportunity is assessed viable (taking into account economic, technical, human rights, social and environmental criteria) a formal Environmental and Social Assessment study (reflecting relevant human rights) is undertaken. During such study consultations are organized and documented; in addition, the feedback from the concerned communities and rights holders is incorporated into the Social and Environmental Management Plans that will be in place in case the project is pursued. Consultation may take place through diverse modalities; including: regular formal meetings, focus-group meetings; structured and semi-structured interviews, Participatory Rural Appraisals, etc.
Has your company faced any challenges in its process to seek free, prior & informed consent for renewable energy projects? If so, please describe what steps your company has taken to overcome these challenges.
As we know, according to the UN Guiding Principles on Business and Human Rights, respect for human rights refers to internationally recognized human rights, understood, at a minimum, as those expressed in the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights and the Principles concerning fundamental rights set out in the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work. Depending on circumstances, additional standards relating to specific groups or populations that require particular attention may need to be considered. In that context, Statkraft considers relevant international instruments, such as ILO Convention 169. The process followed in that case is as described above, for instance based on integration / as part of the implementation of the IFC Performance Standards, or for instance, based on processes in Norway that have operationalized ILO Convention 169.
Among others, challenges can relate to the operationalization of ILO Convention 169, for instance, when engaging with communities that do not recognize each other or each other’s views, or have different assessments on the potential impacts at hand. Challenges can also relate to how to conduct meaningful consultations when one or several parties refuse to engage in dialog, or the assessment that consultations have been conducted meaningfully even if some groups oppose certain aspects of the project (recognizing that the FPIC is not a right of veto). Finding third parties that could assist with the conduct of a meaningful consultation process and that could be accepted by all parties are also difficult to find.
For information, a claim against Statkraft was lodged before the OECD’s Norwegian and Swedish National Contact Points (NCPs) in connection with the development of wind power in Sweden. Mediation took place between Jijnjevaerie Sámi Village and Statkraft in 2014 and was concluded without agreement. The Final Statement from the OECD NCPs was issued on 9 February 2016, thereby concluding on and closing the case. The NCPs have not found any grounds for concluding that Statkraft has failed to comply with the OECD Guidelines. The statement did point to some areas for improvement, including that Statkraft/SSVAB can work in a manner that even more clearly promotes indigenous people’s rights and the implementation of the Guidelines. The NCPs further recommended that the parties show renewed will to negotiate an agreement on the further development of the wind power projects.
What steps does your company take to ensure that its own personnel, private security companies it contracts with, and/or government forces providing security to its projects, respect the rights of workers and community members, including those who may oppose its projects?
Statkraft has developed governing documents and processes that reflect the main principles of the Voluntary Principles on Security and Human Rights. Statkraft also follows international good practice on security management, which includes relevant human rights considerations.
Does your company have a grievance mechanism in place at each project site for affected communities and workers to raise concerns about local impacts, including human rights abuses? If so, were affected communities involved in the design of the grievance mechanism, including its set-up and the types of remedies it provides?
A key element of the Social and Environmental Management Plans that are implemented in our projects is a grievance and conflict resolution mechanism. This mechanism is designed to respond to the needs and characteristics of the communities in our project influence area. Usually, our Community Relations Unit at the project sites will include as part of their team those responsible for the design and the day-to-day management of such mechanism. Through these mechanisms community members can raise any sort of concern or request that they may wish to convey.
In addition to the site-based grievance mechanism, our company has a Whistleblowing Channel open to externals, which can be used by rights holders.
Case study related to this company *DISCLAIMER: This has been collected by Business & Human Rights Resource Centre and is not part of the company's answer to the questionnaire
Sweden: Wind projects in Jämtland
Statkraft is engaged in building several wind farms in Sweden, including one in Jämtland, which impacts the traditional lands of the indigenous reindeer-herding collective of Jijnjevaerie Saami village.
On October 2012, the Jijnjevaerie Saami village submitted a complaint to the Swedish and Norwegian National Contact Points for the OECD Guidelines concerning Statkraft’s planned wind power project. The NCPs accepted the complaint and reviewed parts of the case. They found no grounds for non-compliance to the OECD Guidelines, but provided recommendations for how Statkraft can work in a manner that promotes indigenous people’s rights. NCPs recommended that parties show a renewed will to negotiate on the further development of wind power projects, the scope of the projects, and the compensation schemes.
Statkraft welcomed the decision by the NCPs and noted that they will consider the final statement concerning engagement with the Saami Village.