The Green Warriors of Norway supports the Sami's actions against the government's handling of the Fosen case and also holds the owner companies responsible

On 11 October 2021, Norway's Supreme Court unanimously found the decisions on the concession and expropriation permit for the wind power plants Roan and Storheia on Fosen to be invalid.

The case concerned the question of the development of Storheia and Roan wind power plants on Fosen violates the Sami's right to cultural practice according to the UN Convention on Civil and Political Rights (SP) Article 27. The Supreme Court in grand chamber unanimously concluded that the rights have been violated, and that the decisions on the license and expropriation permit are therefore invalid.

The verdict from the Supreme Court is clear. The wind turbines have no valid licence, nor do they have any rights to the land on which they are built. Both wind power plants are illegal.

The basis for the judgment was that the wind turbines were built in the important winter/spring fields of Sør-Fosen sijte and Nord-Fosen siida. They have no alternative grazing areas that can maintain grazing grounds and unconditional cultural and traditional rights. The turbines and interventions destroy the grazing areas and scare the reindeer. The wind turbines are maximally detrimental to reindeer husbandry.

Prime Minister Jonas Gahr Støre admits today 03/03/2023 that human rights violations have occurred at Fosen;

- Yes, this judgment establishes that the concession, as it has been granted, violates the rights that the Sama have according to the conventions we must follow, Støre replies.
- And if it is a violation of human rights, then the answer is yes, the Prime Minister continues.

https://www.nrk.no/norge/store-innrommer-pagaande-menneskerettsbrot-pa-fosen-1.16320525

Without a valid license or rights to land acquisition it is obvious that the wind turbines are illegal, cannot continue operating, and must be removed from the area. Despite this, the state government has until now allowed continued operation from both of the illegal wind power plants. There are several fundamental aspects to this;

• Unanimous judgment in the Supreme Court's grand chamber.
• Clear violation of human rights.
• Invalid license and invalid acquisition of land.
• Big money involved. A lot of money to be made for both the developer, the state and the municipality through continued operation.
• Two entire winter/spring grazing seasons have been damaged, and the government is protecting continued operations. The Minister of Oil and Energy calls the concessions "valid" several times in the media.
• The state itself has been guilty of a number of offenses by failing to prevent further damage. The state can also be affected by complicity and negligence.
• We have now been through a long series of controversial and conflict-filled wind power cases. Unfortunately, the Fosen case is not the only one where the state breaks laws and regulations in order to push through wind power cases that destroy nature and the environment. Confidence in the concession system and public management of our common resources has been destroyed. The road to rebuilding new trust is long, and with the handling of the Fosen case, we see no viable way back without fundamental changes where the people are also involved throughout the process towards a new and improved administrative regime.
• The separation of powers is fundamental to a well-functioning democracy and centrally enshrined in the Constitution of the Kingdom of Norway. When the executive power of the government disregards and does not respect a unanimous verdict in the highest body of the judicial power, this is a breach of the Constitution's fundamental legal provisions on Norway's state government. Without a functioning separation of powers, we can no longer call ourselves a democratic nation.
• The companies involved have started the construction despite the fact that legal processes had already been established which could lead to the license and rights to the land being declared invalid. They have obviously taken a calculated risk that with all their knowledge and experience they can give the companies a potential future loss. Now that the Supreme Court judgment is available, they must, in line with their own statutes and ethical guidelines, take the losses and restore the legal situation by shutting down the wind turbines and taking the costs of restoring nature as best as possible.

The Supreme Court judgment can be read and downloaded here:

• Supreme Court judgment 11 October 2021, HR-2021-1975-S (case no. 20-143891SIV-HRET, case no. 20-143892-SIV-HRET and case no. 20-143893SIV-HRET)

The Green Warriors of Norway stands behind NSR Nuorat/Nuora/Noerh (NSR-N) and Natur & Ungdom's ongoing actions for the rights of the Fosen Sami

It is the state of Norway through the government that is breaking the law. The unanimous verdict in the Supreme Court's grand chamber must be respected and the wind turbines must be removed. They have neither a valid license nor a valid acquisition of land. Continued operation through two whole winter/spring grazing seasons has caused great damage to the affected Sami reindeer herding districts Sør-Fosen sijte and Nord-Fosen siida, and there are no signs of improvement either. Through several statements in the media, the Minister of Oil and Energy has claimed that the concessions (which the Supreme Court ruled invalid) are "valid", and that the government needs more time to make a decision. As if this were not enough, one of the reasons for the government's continued protection of illegal operations is that they will investigate alternative grazing areas in order to "move the Sami instead of moving the windmills" as the Nation writes in the newspaper on 22/02/2023.

When the wind power plants Roan and Storheia at Fosen are operated without a valid license and without a valid acquisition of land they are illegal. Operation of illegal facilities is also an additional offence. Section 196 of the Criminal Code gives the state of Norway, through the government, a clear duty to prevent a criminal offence, which is indeed the case given the unanimous judgment in the Supreme Court. Continued operation after the Supreme Court judgment was handed down is a clear violation of the law and a violation of human rights. It is the victims who are now demonstrating for their unconditional rights and to get a stop to further violations of the law by the wind power plants at Fosen. The right to demonstrate and the right to civil disobedience are secured through §§ 17 and 18 of the Criminal Code, emergency rights and emergency guardianship. The Green Warriors of Norway recognizes that this case clearly falls under these provisions. The Sami's actions outside the government offices are fair, peaceful and well-founded.

• NSR – Norgga Sámiid Riikkasearvi Facebook
• NSR Nuorat Instagram
• NSR Nuorat Facebook

The issue of indigenous peoples is an environmental issue

The Norwegian Environment Protection Association has this set out in the association's Constitution. Already in the first Constitution it is stated;

1. The Green Warriors of Norway shall seek to be Norway's leading environmental organization and shall work non-violently with environmental issues, youth issues, protection of older buildings and indigenous people.

And further in the sixth Constitution it is stated;

6. The Green Warriors of Norway shall work with indigenous people's affairs, from the point of view that
these have the right to live as they wish and that this is an important environmental issue.

http://984072-www.web.tornado-node.net/om-nmf/forskrifter/

The Green Warriors of Norway has worked actively against wind power in Norway for decades. We saw early on the very dramatic environmental consequences that wind power leads to, and also that it was no solution for an energy transition. On the contrary. When we take the entire life cycle into account, wind power offers absolutely no advantages, only disadvantages.

The wind power plants at Fosen are not the only plants that affect Sami rights here in Norway, but it is the most significant case where both the Roan and Storheia wind power plants are built and operated illegally, cf. the unanimous judgment in the Supreme Court's grand chamber, 11 October 2021. The Green Warriors of Norway will be an important driving force against wind power and for the rights of indigenous peoples in the future as well.

Is Norway a functioning state of law..?

The Kingdom of Norway is a constitutional democracy. In order for our democracy to function well, we have a threefold division of power; The Storting is the legislative body, the Supreme Court is the highest judicial body, and the government is the executive power. When the executive power does not respect or follow a clear and unanimous judgment in the Supreme Court's grand chamber, we are left in conditions that are not compatible with democratic principles.

Democracy is fragile, and the line between a well-functioning democratic rule of law and a dictatorship is short, dangerously short. The balance of power between the three state powers should not be broken, but now it has been broken. By not complying with the unanimous Supreme court ruling in the Fosen case, the executive has effectively deprived the judiciary of its absolute power. These are conditions we find in pure dictatorship states. 

Now the government must urgently come to its senses and take the consequences of the Supreme Court's judgment. We want our democracy and the rule of law back.

What should have been done from day one was that the turbines should have been stopped immediately after the judgment in the Supreme Court. Now the facility has been in full operation through two full grazing seasons to the maximum extent of damage to reindeer herding. Not taking measures to limit or prevent damage is also punishable. In addition, by allowing new/further abuses, the state has made itself an accomplice.

Prof. Ørebech has a thorough view of the judgement in the Fosen case. The Supreme Court has unanimously ruled that the development and expropriations are illegal. Consequently, they do not have a valid licence, and in order to continue operating they must have a new licence, and they cannot get that at the same place. The turbines must be taken down and the landscape restored.
In my view, this is an interesting case because the wind power plant was built on pre-accession to expropriation. In other words, expropriation permits that were not legally binding. This means that the developer also has an independent responsibility and takes a large financial risk when they build on such preliminary interventions given by NVE.

Quoted, Professor Peter Thomas Ørebech;

New OED licenses are needed for the turbines to continue to be operated. The fact that the turbines have been erected and de facto exist does not change the relationship with the 1966 covenant article 27. The OED cannot without new licenses allow the turbines to remain and continue to be operated as if the Supreme Court judgment had not been delivered and the decisions were valid. The only thing that can save Fosen Vind as it stands today are new licences. However, the OED cannot grant such new licenses - without relocation, because the current location contravenes SP article 27.

As follows from § 3-1 of the Energy Act see Fosen judgment section 146, there is no way around it - the plant must be removed from its current location.

The Fosen judgment - subsequent forgiveness or "back to the beginning"?
By Peter Thomas Ørebech – 27 February 2023
https://www.juridiskargumentasjon.no/2023/02/27/fosen-dommen-etterfolgende-tilgivelse-eller-tilbake-til-start/

Further operation is a new offence

The wind power plants Roan and Storheia on Fosen have neither a valid license nor rights to the land they are built on. This has been determined by the Supreme Court in a unanimous verdict because they infringe the Sami's right to cultural exercise according to the UN Convention on Civil and Political Rights (SP) article 27. Nevertheless, the state through the government allows the wind turbines to continue to be operated to the maximum extent of damage to the important winter/spring grazing of Sør-Fosen sijte and Nord-Fosen siida. They have no alternative grazing areas that can maintain grazing grounds and unconditional cultural and traditional rights. The turbines and interventions destroy the grazing areas and scare the reindeer. This is confirmed by professor of reindeer husbandry at Uppsala University, Anna Skarin;

Disturbing the reindeer
- Do you think reindeer husbandry and wind power can live side by side?
- No, not when the facilities are so large. It is above all the sound of the wind turbines and the sight of the rotating blades that disturb the reindeer.
Skarin adds that the development also changes the surroundings:
- Turbines, roads and power lines fragment the landscape, which makes it more difficult for reindeer and reindeer husbandry to use the area.
https://www.vg.no/nyheter/innenriks/i/jlkgMA/reindrift-ekspert-ser-ingen-loesning-det-maatte-vaere-at-vindmoellene-tas-ut-av-drift

Now two entire winter/spring grazing seasons have been destroyed by continued operation at the two illegal facilities. Each season of operation is a new offense contrary to the Supreme Court's unanimous ruling. Section 196 of the Criminal Code gives the state of Norway, through the government, a clear duty to prevent a criminal offence, which is indeed the case given the unanimous judgment in the Supreme Court. Furthermore, the government's protection of and "permission" for continued operation of the illegal wind power plants could also come under Section 15 of the Criminal Code on complicity.

Building wind power plants without valid (legally binding) acquisition of land and without a valid license is a serious environmental crime. The developers themselves have taken a calculated risk by building the facilities after a legal process had been established which could end with the concession being declared invalid.

Developers, the state and municipalities have now made a lot of money from illegal activities. The money is earned illegally as long as the turbines are not stopped.

A criminal liability also follows § 10-5 of the Energy Act (Penalty);

§ 10-5. (Penalty)
With fines or imprisonment of up to 1 year or both, whoever intentionally or negligently violates provisions or individual decisions mentioned in § 10-7 first paragraph no. 1 to 3 and second paragraph no. 1 to 3. Violation of chapter 8 does not, however, entail a penalty . The Ministry can issue regulations that intentional or negligent violations of the regulations are punished in the same way.
If there is a risk of significant damage to people, the environment or property, or there are otherwise aggravating circumstances, violations according to the first paragraph can be punished with imprisonment of up to 2 years, unless stricter penalties apply.

Section 10-7 of the Energy Act states;

§ 10-7. (Infringement fee)
The Ministry can impose an infringement fee according to the rules in section 44 of the Public Administration Act to anyone who intentionally or negligently violates:

1. § 3-1 first subsection, § 4-2 first subsection, § 5-1 first subsection, § 5-4 first and third subsection, § 5-5 first and second subsection, § 5-7 first, third and fourth subsection, § 6-1 second subsection, § 7-1, § 8-2, § 8-3, § 8-4, § 8-5 first and second subsection, § 9-1 second subsection, § 9-2 first subsection, § 9-3 first and second subsection, § 9-5 second subsection or § 10-1 second subsection
2. order according to section 10-1
3. breach of licence, license conditions or other individual decisions granted pursuant to § 3-1 first paragraph, § 3-2, § 4-2 second and third paragraphs, § 4-4 first paragraph, § 5-2, § 5-3, § 5-4 first paragraph, § 5-5 third subsection, § 6-1 second subsection, § 9-1 fourth and fifth subsection or § 9-2 second to fourth subsection

For the entire time after the verdict in the Supreme Court on 11 October 2021, the wind power plants Roan and Storheia have been without a valid license and without rights to land acquisition. Add also that the developers have taken an obvious risk by carrying out the development after legal proceedings against the validity of the license and presumption of expropriation had been initiated. With concessions and expropriation permits declared invalid by a final Supreme Court judgment, the companies have nevertheless chosen to operate the illegal facilities for great financial gain. Human rights violations are clearly no obstacle for these companies in their cynical pursuit of quick profit and illegal gain.

When human rights violations bring financial gain

The fact that the illegal wind power plants have not been stopped after the unanimous judgment in the Supreme Court provides yet another motive for new offences; financial gain. That there is a lot of money involved in the operation is quite obvious. Here, there is both income from the sale of energy and, in addition, both wind power plants have been completed within the deadline that was set to come under the scheme for electricity certificates. There is every reason to believe that both wind power plants may have appropriated public funding to which they are not entitled, in that they built despite the fact that a legal process had already been established which could end with the concession being declared invalid. Something that could very well be covered by the provisions on gross fraud.

The illegalities do not become more legal because we have a government that does not respect a unanimous verdict by the supreme body of the judiciary. They are and remain illegal. A likely motive could therefore be that both the state and the municipalities of Åfjord and Ørland receive large amounts and fees for continued operation? In addition, another financial motive will be the fear of lawsuits, which can also be punishable as financial gain. In that case, this could very well be defined as healing.

Is it right that the offenders should be allowed to keep profits from illegal activities?

Chapter 13 of the Criminal Code, §§ 66-76, deals with the issue of confiscation. Proceeds from illegal activity must be confiscated to make it less attractive for the offender to commit the primary offence, as discussed in The Attorney General's Goals and priorities for criminal proceedings in 2023;

An effective fight against profit-motivated crime requires the police and the prosecution to prosecute money laundering. A successful effort in this area makes it more difficult for criminals to enjoy the proceeds, and it becomes less attractive to commit the primary offense that produces the proceeds. Investigations into profit-motivated crime must therefore, as a starting point, include any acts of fraud/money laundering in addition to the primary offences.

https://www.riksadvokaten.no/wp-content/uploads/2023/02/M%C3%A5l-og-pri-2023-.pdf

Seizure of profits from illegal activities

All funds acquired for the operation of the now illegal facilities should have been seized following the judgment in the Supreme Court. All funds are therefore profits from illegal activities. The confiscated funds should then have been kept to ensure the restoration of the legal situation, the closure and return of the areas and for any damages. The government, as the executive power, should have seen to it that this was done soon after the judgment was handed down.

Why has this case become so difficult?

When this case should have been resolved already when the Supreme Court judgment was handed down in October 2021, there must obviously be compelling reasons why the government has chosen complicity in the offense instead of ensuring that the Supreme Court judgment was carried out and the violation of human rights could be restored. One of the possible answers can be found when we look at the ownership structure behind the two wind power plants at Fosen, Roan and Storheia wind power plants. On the ownership side, we find a large proportion of foreign owners from Switzerland and Luxembourg in both companies, while for Roan wind power plant both TrønderEnergi and the German Stadtwerke München. And for those who remember the cases on Andmyran (Andøya, Nordland) and Frøya (Trøndelag), it was also in these cases that the German embassy got involved and threatened the Norwegian authorities with major lawsuits if the Germans did not get their way. It is hardly the only embassy that has exerted pressure on the Norwegian authorities in wind power matters, but as far as we know they are the only ones that have been so arrogant that they have done this in full transparency.

• NMF: Not the first time German authorities have threatened Norway...

Who owns the wind power plants at Fosen?

Roan wind power plant

Owners:

Roan wind power plant is owned 100% by Roan Vind DA (org. 925 736 619), which in turn is owned 60% by Aneo Roan Wind Holding AS (org. 926 404 601) and 40% Nordic Wind Power DA (org. 916 544 863).

Aneo Roan Wind Holding AS is owned 49% by Stadtwerke München Gmbh (Germany) and 51% by Trønderenergi AS (org. 980 417 824)

Nordic Wind Power DA is owned 71.9% by the Luxembourg-registered investment fund Energy Infrastructure Partners S.À RL via its Norwegian-registered straw company EIP Wind Power Central Norway Holding S.À RL (formerly; Credit Suisse (LUX) Wind Power Central Norway Holding S.À RL ) (org. 916 544 960), and the other 28.1% is owned by the Swiss BKW Energy Ag via its Norwegian-registered straw company BKW Norway NWP AS (org. 914 558 069).

Operation:

Roan wind power plant is operated by Aneo AS avd Roan Vindpark (org no. 828 987 712 bedr no 930 877 727) which in turn is owned 50% by TrønderEnergi AS (org. 980 417 824) and 50% by HitecVision AS (org. 979 598 122).

Storheia wind power plant

Owners:

Storheia wind power plant is owned 100% by Fosen Vind DA (org. 916 456 077), which in turn is owned by 52.1% by Statkraft SF (org. 962 986 277), 7.9% by Aneo AS (org. 828 987 712), and 40% by Nordic Wind Power DA.

Aneo AS (org. 828 987 712) is owned 50% by TrønderEnergi AS (org. 980 417 824) and 50% by HitecVision AS (org. 979 598 122).

Nordic Wind Power DA is owned 71.9% by the Luxembourg-registered investment fund Energy Infrastructure Partners S.À RL via its Norwegian-registered straw company EIP Wind Power Central Norway Holding S.À RL (formerly; Credit Suisse (LUX) Wind Power Central Norway Holding S.À RL ) (org. 916 544 960), and the other 28.1% is owned by the Swiss BKW Energy Ag via its Norwegian-registered straw company BKW Norway NWP AS (org. 914 558 069).

Operation:

Storheia wind power plant is operated by Statkraft SF (org. 962 986 277).

How do the owner companies relate to their ongoing human rights violations at Fosen?

Even before the license was granted, the reindeer owners in the area had objected to the development because the wind power would be an obstacle to reindeer husbandry. They invoked the UN Convention, and that the development would violate their rights to cultural practice.

Since the license was challenged, the case went on to the OED. After consideration by the ministry, the final license was granted in 2013.

The ministry had concluded that the development would have a major negative effect on reindeer husbandry, but that the areas "...can still be used for reindeer herding even after an extension, even if this would require greater resources from the reindeer herders in the form of an increased workload".

Then the reindeer herding Sami took the case to court.

What is absolutely essential is that, even though the Sami's rights were not clarified in court, the developer was still given permission to start construction. Fosen Vind received so-called advance authorization, a special permit to be able to start before all agreements are in place. This permit was also appealed to the reindeer herding Sami, but they were not successful there either.

Then followed a long legal process in several courts, and with several cases. In parallel, development started in 2016. Three years later, the wind farms were put into operation.

The developer had a valid license and all permits in place, but a legal process had thus been established which could end with the license being declared invalid. Starting the development nevertheless must therefore be defined as a calculated risk on the part of the developer.

Especially if you take into account that in 2018 the UN High Commissioner for Human Rights requested a halt to the construction of Storheia. The High Commissioner had assessed the case following a complaint from the reindeer husbandry case.

In the reply from the Norwegian government, it was emphasized that such requests should be granted, but nevertheless the claim was on the contrary rejected.

The government, on the other hand, went to the startling step of asking the UN not to get involved:

- An inquiry is being made to the committee to withdraw the request for a construction halt, the government wrote.

• The government defies the UN (Europower 27 Dec 2018)
• The government defies the UN (Europower 8 Jan 2019)

The Supreme Court judgment is clear that this is a clear human rights violation for violations of the UN Convention on Civil and Political Rights (SP) Article 27. Two wind power plants are currently being operated illegally and with accompanying human rights violations. All the owner companies are responsible for the ongoing human rights violations. How do these approach human rights?

All the owner companies write great words about how important it is to take into account human rights and local laws in the places where they operate. There is clearly a long way between words and practice. As we perceive it, it is clearly misleading to give the impression that they respect human rights when in practice they themselves are precisely the ones who violate human rights at the facilities they build and operate.

The actors:

Stadtwerke München Gmbh

SWM is known from a number of controversial and conflict-filled wind power cases in Norway. Including at Sørmarkfjellet and Frøya in Trøndelag, and now also with clear human rights violations at Fosen.

In his Stadtwerke München Sustainability Report 2021 they write, among other things;

SWM's sustainability reporting is based on a materiality analysis, which we carried out as follows during the preparation of our first report in 2019. First, we developed the list of topics based on an analysis of pertinent expert information. The sources we used included national and international frameworks such as the "National Action Plan for Business and Human Rights" (NAP) and the United Nations' "Sustainable Development Goals" (SDGs) as well as the recognized Global Reporting Initiative Standards (GRI Standards ), the German Sustainability Code (DNK), and ISO 26000.

Fairness and compliance at Stadtwerke München
The focus of our compliance activities is on preventive measures aimed at ensuring that violations do not occur in the first place. For example, training workshops or an e-learning module, which was revised in 2021, are conducted to increase all employees' awareness of compliance issues. Face-to-face workshops focus on employees who may typically come into contact with compliance issues in the performance of their tasks (eg those dealing with external contractors).
We publish all relevant policies, duties and requirements on our intranet. Our Code of Conduct makes it clear to all employees that we respect the law, draw attention to violations of laws and rules, and assume responsibility for compliance with rules and regulations. In addition, we act in the interest and for the benefit of SWM, adopt a cooperative and partnership-oriented approach, take decisions with due diligence, and acknowledge our responsibility for the environment and society. This includes a clear commitment to the energy transition as well as respecting human rights. Furthermore, the Code of Conduct regulates confidentiality obligations, the handling of conflicts of interest, and dealing with customers, business partners, and other third parties.

Business partner compliance
Not only are the members of our organization expected to adhere to all applicable laws, but the same holds true for our business partners. Business partner compliance is an integral part of our CMS and comprises our Business Partner Code of Conduct and the business partner compliance review.
The Business Partner Code of Conduct, which went into effect in 2020, spells out the most important principles for legally correct, responsible, and ethical behavior that we require of business partners and see as an essential basis of our cooperation as partners. The Business Partner Code of Conduct contains principles on human rights, child and forced labour, employee rights, environmental protection, raw material procurement, anticorruption, money laundering and terrorist financing, export and import controls, sanctions, conduct in competition, and business ethics, as well as data protection and handling of information. In the event of violations of these principles by business partners, we reserve the right to review the business relationship.

https://www.swm.de/dam/doc/english/swm-sustainability-report.pdf

Also in his Code of Conduct of Stadtwerke München they write;

We also demand of our business partners that they respect human rights, ensure compliance with internationally recognized standards of labor and employee rights and ensure fair working conditions. We reinforce this approach with suitable processes and procurement strategies.

https://www.swm.de/dam/doc/english/code-of-conduct.pdf

The company violates its own principles and obligations with continued and ongoing human rights violations at the Roan wind power plant in Fosen.

Website: https://www.swm.de/english

Facebook: https://www.facebook.com/StadtwerkeMuenchen

Energy Infrastructure Partners Luxembourg S.à rl

Energy Infrastructure Partners is a Luxembourg-registered investment fund with a focus on energy.

On its website Sustainability Related Disclosures they write, among other things;

Rationale for voluntary disclosures
Energy Infrastructure Partners AG (“EIP”) considers it necessary to assess and manage sustainability factors across each transaction investment cycle. As per Regulation (EU) 2019/2088 on sustainability-related disclosures in the financial services sector (the “SFDR”), sustainability factors are defined as environmental, social and employee matters, respect for human rights, anti-corruption and anti-bribery matters.

https://www.energy-infrastructure-partners.com/sustainability/sustainability-disclosures/

The company violates its own principles and obligations with continued and ongoing human rights violations at both Roan wind power plant and Storheia wind power plant in Fosen.

Norwegian straw company: https://w2.brreg.no/enhet/sok/detalj.jsp?orgnr=916544960

Website: https://www.energy-infrastructure-partners.com/

BKW

BKW is a Swiss energy and investment company.

The company is aware that they are violating human rights at both the Roan wind power plant and the Storheia wind power plant in Fosen, but hide behind the fact that the Norwegian government is seeking to find a solution to compensate the Sami reindeer herding districts. At the same time, they inform in their BKW Group Annual Report 2021 its investors about the risk that this could become a potential loss item.

4.4 Fosen wind farm
BKW indirectly holds an 11% stake in six wind farms on the Fosen peninsula in Norway through Nordic Wind Power DA. In 2021, the Norwegian Supreme Court issued a ruling regarding operating licenses for two wind farms, which together comprise half of Fosen Vind's wind turbines: The licenses would violate the Sámi people's right to maintain their cultural heritage. The operation of the plants is not directly affected by the ruling.
The relevant Norwegian ministry has confirmed that it needs a new administrative procedure aimed at finding compensatory measures to ensure that the rights of Sámi reindeer herders are guaranteed. Dialogue in this regard has been initiated with all the stakeholders involved and, in particular, with the Sámi. BKW assumes that a solution can be found and that operation of the plants may continue as planned. This assessment is uncertain, and it is possible that future decisions will have an impact on BKW's net assets, financial position and results of operations.
At the end of 2021, the carrying amount of the entire holding is CHF 75.8 million. In addition, there are long-term power purchase agreements with which part of the planned production volumes from the plants have been secured.

https://www.bkw.ch/fileadmin/user_upload/04_Ueber_uns/04_03_Investoren/Berichte___Praesentationen/2021/GB21/Geschaeftsbericht_Englisch_Web.pdf

BKW is thoroughly wrong when they claim that the operation of the wind turbines will not be directly affected by the judgment in the Supreme Court. Here they are obviously misinforming their own investors.

• NRK (03.03.2023): International indigenous organisation: - We are really worried
• NRK (16.10.2021): Three years ago, the UN asked Norway to stop development - it is not clear what they are doing with the wind power case
• Our Country (02.03.2023): Windmill owner at Fosen opens for legal action against the Norwegian state (to live)

BKW is threatening the Norwegian authorities with a lawsuit

It is now clear that the Swiss company BKW has already threatened Norway with a lawsuit if they are not allowed to continue their human rights violations by continuing to operate the two illegal wind power plants they are involved in at Fosen; Roan and Storheia wind power plants. This is incompatible with the company's own stated articles of association and ethical guidelines, and such behavior cannot be rooted in anything other than an absolute greed and cynicism that the company's investors will hardly be aware of.

https://www.vl.no/nyheter/2023/03/02/vindmolle-eigar-pa-fosen-opnar-for-soksmal-mot-den-norske-staten/

That BKW itself has taken a large financial risk by building the plant is beyond any doubt.

Firstly, processes against the acquisition of land rights by the wind power plants had already been initiated in the legal apparatus before construction began. BKW must obviously have been aware that there was a risk that they could at some point be recognized as invalid. Because such legal processes take a long time, the state can grant a temporary permit pending a legally binding result, a so-called preliminary intervention for expropriation. When BKW nevertheless chose to take this risk, it is the company itself that has to bear the costs when they have lost the right to expropriation in the legal system. It is they (the owner companies) and no one else who has chosen to take this risk. Threatening the state of Norway with a compensation lawsuit for a risk BKW itself has chosen to take is a pure blackmail tactic and unheard of.

Secondly, The UN already requested Norway in 2018 to halt the development of the Storheia wind power plant pending a court decision. The government then believed that the UN's request to Norway was not legally binding for Norway, and then gave the go-ahead for construction work to continue. Temporary permits in no way exempt BKW or the other owner companies from making independent decisions. The fact that the UN's Committee on Racial Discrimination (CERD) has requested Norway to stop the work at the same time as legal processes that could make the permits invalid have already been established places the main responsibility for risk on BKW and the other owner companies.

Thirdly, BKW has already committed itself on 26/08/2021 through an agreement with the organization the Society for Threatened Peoples Switzerland to withdraw investments in case of persistent human rights violations;

If indigenous communities might be affected by a power plant project developed by a BKW business partner, BKW will address its expectations about compliance with human rights (and FPIC specifically) based on its human rights policies and actively demand human rights compliance from its business partner. If no agreement on appropriate human rights performance can be reached or if non-compliance with BKW's human rights policies occurs during the project implementation phase, BKW shall either refrain from pursuing, or withdraw from, the project if no improvement can be reached. BKW will reflect its human rights standards in contracts with business partners, including the option to withdraw in the case of continued non-compliance.

https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/NKP/Statements_konkrete_F%C3%A4lle/Abschlusserkl%C3%A4rungen/bkw.pdf.download.pdf/Abschlusserkl%C3%A4rung-BKW.pdf

When BKW has given binding statements to a human rights organization which the Society for Threatened Peoples Switzerland and at the same time the Norwegian authorities are threatening legal action in direct violation of these obligations, this company shows itself to be a crude and cynical business operator that definitely has no intention of standing by its own words or taking real account of human rights. With such behavior, all the nice words from BKW become completely worthless. For BKW, money comes before human rights, and they have now shown that they are willing to violate human rights to get the money. While BKW has officially come forward with its obligations to safeguard human rights, BKW has secretly threatened the Norwegian authorities with a lawsuit if BKW's investments in the illegal wind power plants Roan and Storheia on Fosen in Trøndelag, Norway, should be threatened. BKW clearly wants to continue its anti-human rights activities at the illegal wind power plants at any cost and by any means.

Human rights organization which the Society for Threatened Peoples Switzerland has, on the basis of its binding agreement with BKW, now apparently per sit Follow-Up Statement BKW Group – STP Switzerland of 19/05/2022 put the case on hold, but when BKW now breaks this agreement and continues the human rights violations, this case is by no means over.

BKW – Society for Threatened Peoples Switzerland documents:

• Report on the Initial Assessment BKW Group – STP Switzerland (PDF, 175 kB, 11/05/2020)
• Final Statement BKW Group – STP Switzerland (PDF, 154 kB, 26.08.2021)
• Follow-Up Statement BKW Group – STP Switzerland (PDF, 158 kB, 18.05.2022)

Norwegian straw company: https://w2.brreg.no/enhet/sok/detalj.jsp?orgnr=914558069

Website: https://www.bkw.com/en

Facebook: https://www.facebook.com/teambkw/

ANEO (TrønderEnergi and HitecVision)

Aneo is involved in both wind power plants. At Storheia, the company is on the owner's side, and at Roan wind power plant, the company is responsible for operations. Despite the fact that the company violates the human rights of the Sami reindeer herding districts Sør-Fosen sijte and Nord-Fosen siida writes Aneo on the page Respect for human rights following;

Respect for human rights
For us at Aneo, it is absolutely fundamental to respect people's rights and to be careful in all our activities.
Aneo respects the human rights of all individuals and groups who may be affected by our business and our activities. This includes our own employees and contractors, contractors, suppliers, partners, local communities and possibly other affected parties.
In everything we engage in and perform, we always seek continuous improvement of our behavior and performance. Our work with human rights is no exception. Respect for human rights is rooted in our values and ethical guidelines.

We use the following as guidelines in our work:
- ILO Declaration on Fundamental Principles and Rights at Work
- The Ten Principles of the UN Global Compact
– The Universal Declaration of Human Rights (UDHR)
- UN Guiding Principles on Business and Human Rights
- Voluntary Principles on Security and Human Rights
- OECD Guidelines for Multinational Enterprises. Recommendations for responsible business conduct in a global context

https://www.aneo.com/om-oss/baerekraft/respekt-for-menneskerettigheter/

And further in Aneo's ethical guidelines;

Ethical guidelines
Aneo as a group cannot do right or wrong. It is WE in Aneo and the sum of our actions that determine whether Aneo as a group acts legally and ethically.

Therefore, each and every one of us has a personal responsibility to act in line with the group's rules on ethics and social responsibility, as they are formulated in this document. The rules reflect our values OPEN-COURAGEOUS-RESPONSIBLE and our common cultural platform.

Aneo's rules on ethics and social responsibility apply to everyone who works in Aneo or otherwise represents Aneo, i.e. all employees, temporary workers, board members, consultants and others who are engaged to represent the group. The rules automatically apply to all wholly owned subsidiaries in Aneo. In partially owned companies, they apply if they have been adopted by the company's board.

The rules are binding and there is no deviation procedure. Violation of the rules may have consequences for your employment or commitment to Aneo, and may ultimately also entail the risk of civil liability and a police report/punishment.

Duty to follow external and internal regulations
WE at Aneo must always follow the laws and regulations that apply to our business.
This means that you have a responsibility to follow the laws and regulations that apply to your tasks and your behavior when you are at work or otherwise represent Aneo. It also means that you must keep informed about which laws and regulations apply to your area, and seek advice from your manager or legal department if you are in doubt. Concessions and other public permits are equated with law/regulations, and must also always be followed.

WE at Aneo must always follow the applicable governing documents
In the same way as for external laws and regulations, you must familiarize yourself with which internal governing documents apply to you and ensure that you comply with them.

Managers in Aneo have a special responsibility
Managers at all levels in Aneo have a special responsibility to know the rules that apply, to guide their employees, to follow up that rules are observed in their organisation, to react in the event of infringements, and to set a good example themselves.

WE shall always seek to ensure that any negative consequences of our operations are limited to a justifiable minimum, and that we implement remedial measures where required.
We must always respect the UN's human rights and our employees' fundamental rights as they are expressed through ILO conventions, the Working Environment Act and collective agreements. We distance ourselves from social dumping and must ensure that our employees and our suppliers' employees have reasonable working conditions. We shall proactively work to ensure diversity in our operations and never discriminate against anyone on the basis of gender, sexual orientation, ethnic or cultural background, political position, disability or age.

https://www.aneo.com/om-oss/om-aneo/etiske-retningslinjer/

When Aneo has put so much effort into formulating its ethical guidelines and describes how important it is to take into account human rights throughout its operations, what rationale do they have for giving such a complete nod to the human rights of the reindeer herders at Fosen? Words become worthless when actions show something completely different. Like the other companies involved in the ownership and operation of the two wind power plants at Fosen; Roan and Storheia, it appears that it is exclusively a cynical desire for profit that drives the company Aneo to new human rights violations at Fosen, which is consequently also the consequence of continued operation of the illegal facilities.

Website: https://www.aneo.com/

Facebook: https://www.facebook.com/profile.php?id=100088011486195

TrønderEnergy

TrønderEnergi are experts in controversial development cases and conflicts. There is hardly any other company that has produced as much conflict with its wind turbines as this particular company. From threatening the municipality of Frøya with a compensation claim of 400 million if they did not get their way, to placing large police orders and police blockades and exclusion zones on both Frøya and Sørmarkfjellet. With its 70% companion, the German-owned Stadtwerke München, which has had the German embassy behind it throughout the entire process, TrønderEnergi has had a bad time with Trønder's nature. Now the company is again involved in new controversies, in Trøndelag. This time with ongoing human rights violations against the Sami reindeer herding districts Sør-Fosen sijte and Nord-Fosen siida. TrønderEnergi is owned by a number of Trønder municipalities and by KLP.

TrønderEnergi's owners (click on municipality name for link):

On TrønderEnergi's page on Ethics can we, among other things, read the following;

3. Duty to act ethically
   We at TrønderEnergi must always act professionally, business-wise, honestly and ethically.
   Certain actions may be permissible according to both external and internal rules, but may still be ethically questionable or unjustifiable. Then you are obliged to stop and clarify whether what you intend to do is in line with TrønderEnergi's core values and these rules on ethics and social responsibility.
   Ethical gray areas may be associated with reputational risk for TrønderEnergi or the employee himself. They may also entail a risk that we do not treat affected parties with due respect, consideration or care.
4. Duty to act responsibly towards the society around us
   VI in TrønderEnergi takes responsibility for ensuring sustainable value creation for our owners, the local communities where we operate, our employees and the larger society around us.
   VI in TrønderEnergi acts honestly, business-wise and with due regard for our partners, suppliers, customers and the outside world in general.
   We take responsibility for the societal consequences of our operations, both with regard to environmental impact, working conditions and social conditions. The responsibility runs through the entire value chain, from purchases and investments to our sales activities to consumers and businesses.
   We shall always seek to ensure that any negative consequences of our operations are limited to a justifiable minimum, and that we implement remedial measures where required. We must always respect UN human rights and our employees' basic rights as expressed through ILO conventions, the Working Environment Act and collective agreements. We distance ourselves from social dumping and must ensure that our employees and our suppliers' employees have reasonable working conditions. We shall proactively work to ensure diversity in our operations and never discriminate against anyone on the basis of gender, sexual orientation, ethnic or cultural background, political position, disability or age.

https://tronderenergi.no/om-tronderenergi/fakta-om-tronderenergi/etikk

https://tronderenergi.no/om-tronderenergi/fakta-om-tronderenergi/samfunnsansvar

Now TrønderEnergi, through its many conflict-filled wind power developments, is probably not best known for either social responsibility or ethics, but there should at least be a demand for compliance with its own ethical guidelines from the company's many owner municipalities and KLP. The ongoing human rights violations at the Roan and Storheia wind power plants in Fosen are certainly not worthy of a municipally owned company.

Website: https://tronderenergi.no/

TrønderEnergi's management: https://tronderenergi.no/om-tronderenergi/organisasjon

TrønderEnergi's board: https://tronderenergi.no/om-tronderenergi/organisasjon/styret-med-vara

Facebook: https://www.facebook.com/tronderenergias

KLP – Kommunal Landspensjonskasse mutual insurance company

With its 13,33% ownership stake in TrønderEnergi AS, KLP is contributing to the ongoing human rights violations at Fosen. TrønderEnergi has ownership in both the Roan and Storheia wind power plants, and is also responsible for the operation of the Roan wind power plant through its 50% share in Aneo AS advd Roan Vindpark. The pension money that KLP manages is thus invested in ongoing human rights violations against the Sami reindeer herding districts of Sør-Fosen sijte and Nord-Fosen siida.

IN KLP's guidelines for social responsibility can we read the following;

KLP has undertaken to ensure that international conventions and standards for human rights, employee rights, anti-corruption and business ethics are followed.
In order for us to even consider investing the pension money in a company, the company must stay within a number of rules. This includes:

• International conventions and principles such as the UN's Global Compact are based on:
  • The UN's Universal Declaration of Human Rights
  • ILO core conventions (employee rights)
  • The Rio Declaration on Environment and Development
  • UN Convention against Corruption
• The UN's guiding principles for business and human rights
• OECD guidelines for multinational companies
• OECD principles for corporate governance and other relevant international norms for corporate governance
• Norwegian recommendation for corporate governance

https://www.klp.no/om-klp/samfunnsansvar/vi-er-en-engasjert-og-ansvarlig-eier/retningslinje-for-klp-som-ansvarlig-investor

The entire Guidelines for KLP as a responsible investor can be found here:

https://www.klp.no/media/samfunnsansvar/Retningslinje%20for%20KLP%20som%20ansvarlig%20investor.pdf

It is obvious that KLP's ownership in TrønderEnergi is incompatible with its own articles of association for social responsibility, and it is expected that KLP will sell out with immediate effect. Ownership of a company which, through its ownership of the Storheia and Roan wind power plants in Fosen, infringes the Sami's right to cultural practice according to the UN Convention on Civil and Political Rights (SP) Article 27 is hardly something KLP would benefit from having ownership in. The Supreme Court in grand chamber came unanimously that the rights have been violated, and that the decisions on concessions and expropriation permits are therefore invalid. That the human rights violations continue in that the important winter/spring pastures of Sør-Fosen sijte and Nord-Fosen siida are destroyed in continued abuse is not a good thing for KLP. They have no alternative grazing areas that can maintain grazing grounds and unconditional cultural and traditional rights. The turbines and interventions destroy the grazing areas and scare the reindeer. Wind turbines in motion are the most damaging to reindeer husbandry.

Website: https://www.klp.no/

Facebook: https://www.facebook.com/klp.no

HitecVision

Through its 50% ownership in Aneo, HitecVision is contributing to human rights violations in both wind power plants. At Storheia, the company is on the owner's side, and at Roan wind power plant, the company is responsible for operations. Despite the fact that the company violates the human rights of the Sami reindeer herding districts Sør-Fosen sijte and Nord-Fosen siida writes HitecVision the following on its Sustainability page;

HitecVision believes that by placing sustainability – including environmental, social and governance (ESG) issues – at the core of everything we do, we can improve the performance of our portfolio companies as well as the alignment between investors and society at large. HitecVision is a signatory of the UN-supported Principles for Responsible Investment and the Net Zero Asset Manager's initiative.

Within the spectrum of responsible investing activities, we distinguish between two different types of engagement:

ESG and Sustainability
HitecVision believes that having a strong focus on ESG and sustainability issues, both in selecting investments and when working with our portfolio companies, is critical to our long-term success as a private equity investor. We are convinced that in this respect, the interests of our investors are aligned with those of our portfolio companies, their employees, customers and the communities in which they operate. We believe that our Responsible Investment Policy is value creating, as performance on these issues increasingly has a direct impact on the financial risks and returns of HitecVision, our portfolio companies and our investors.

Community Engagement
HitecVision and its portfolio companies are involved with a number of charities and social enterprises. Unlike our ESG initiatives, the work we do in the CSR arena is primarily driven by the social, community and philanthropic impact it generates rather than any commercial imperative. Wherever possible we seek to align some of our philanthropic activities with those undertaken within our portfolio.

https://hitecvision.com/sustainability/

In turn for Responsible Investment writes HitecVision the following;

HitecVision believes that when ESG factors are integrated into the investment analysis, decision making, ownership policies and practices, they will contribute to potential long-term performance advantages.
In HitecVision we believe that having a genuine focus on ESG (Environmental, Social and Governance issues) is a competitive advantage. The energy industry today faces new pressures and demands related to the transition to a low-carbon economy, and we believe that by integrating our ESG approach into the core business, we will be better placed to make the right investment decisions, and to identify, analyze and mitigate the ESG-related risks and opportunities of our portfolio companies. In doing so, we improve the resilience of our portfolio while being better positioned to make use of the opportunities following from the sustainability agenda.

In the transition to a low-carbon energy future, HitecVision will be part of the solution rather than part of the problem. We will invest in companies that help reduce the overall carbon footprint of the European energy industry, and companies supplying energy that replaces current sources with higher emissions.
ESG issues can have a material impact on the financial performance of our portfolio companies and on the communities in which both HitecVision and our portfolio companies operate. We believe that when ESG factors are integrated into the investment analysis, decision making, ownership policies and practices, it will improve the long-term performance of our portfolio companies, and thus that of our funds.
HitecVision is a signatory of the UN-supported Principles for Responsible Investment.

Responsible Investment Policy
HitecVision's Responsible Investment Policy aims to ensure that the HitecVision funds only invest in companies which operate in an environmentally responsible manner; respect human and labor rights and provide their employees with good, healthy and safe working conditions; and maintain high ethical standards and follow good corporate governance practice.
HitecVision believes that a strong focus on responsible and sustainable investment is critical to its long-term success as a private equity investor. We are convinced that in this respect, the interests of our investors are aligned with those of our portfolio companies, their employees, customers and the communities in which they operate.
On this basis HitecVision has adopted a responsible investment policy that forms an integral part of our investment process and our active owner practices.

ESG as part of our company culture
Our Ethical Guidelines are an important basis for the ESG work in HitecVision. The Ethical Guidelines are based on five principles to ensure that all our activities are performed in an ethical manner and in compliance with sound business practice:

- We behave and comply with laws
- We respect our colleagues
- We protect our assets and confidential information
- We never make illegal payments
- We avoid conflicts of interest

The Responsible Investment Policy, which applies to all aspects of HitecVision's operations, is also part of the Ethical Guidelines, and forms an integral part of HitecVision's investment processes and active owner practices. The policy aims to ensure that the HitecVision funds only invest in companies which operate in an environmentally responsible manner; respect human and labor rights and provide their employees with good, healthy and safe working conditions; and maintain high ethical standards and follow good corporate governance practice. Further codes of conduct stem from these core principles and continue to underpin how we want to do business and take responsibility for areas where we have influence.
In our work in HitecVision and with our portfolio companies, ESG comes down to people, starting with ourselves. Therefore, we place great emphasis on building a company culture in order to integrate our ESG approach into all levels of operation. Our company culture rests on our ethical principles, which entails that the entire organization should be mindful of our influence and impact on the surrounding world. We also strive to build a corporate culture that emphasizes equality and diversity. We strongly believe that a gender-equitable workplace benefits our bottom line as well as the company culture and the societal impact of HitecVision.

https://hitecvision.com/sustainability/responsible-investment/

HitecVision's business partner (50/50) in Aneo, TrønderEnergi, has a long history of creating harrowing conflicts in the projects and local communities they are involved in. Here, on several occasions, they have had large police deployments daily and large no-go zones for long periods, and it is not without reason. They have come across and upset local communities and had a rather reckless approach to the local population, nature and the environment, and ethics seem completely lacking where the company has made use of close connections between its own managers and to the licensing authority and the County Governor who raise a number of questions about competence . At Sørmarkfjellet, TrønderEnergi's Project Director Wind Development Projects in his previous job as section manager in NVE had signed documents in exactly the same project he was now leading the development of. The alternative route was contested and highly disputed. Even so, TrønderEnergi had deployed construction equipment by alternative well before NVE approved it. This indicates prior knowledge both of the decision itself and of the time of the decision.

Construction work began immediately with chainsaws, excavators and drilling rigs, when the company received a construction license on 05/04/2023. This was at the very start of the breeding season, and the construction concession set as a clear requirement that a preliminary survey of 4 bird species had to be carried out before the construction work could be started, griffon hawk, hubbroke, little grebe and great grebe. Where the construction work started was in the middle of the habitat of the goshawk and buzzard, but with chainsaws, excavators and dynamite there is obviously little point in doing preliminary investigations after such construction work has been started in exactly the area in which TrønderEnergi was required to do the preliminary investigations.

Instead of complying with the terms of the construction concession, TrønderEnergi chose instead to request a large police presence and cordon off the area. It seems again that TrønderEnergi's director for wind power development's relations from his previous job as section manager at the administration, and the control authority NVE were again of good help to the company, because the breach of the terms of the construction concession never had any consequences for TrønderEnergi. The only thing they had to do was carry out hub bridge surveys by deploying listening boxes, but continuous work in the area with heavy construction equipment and dynamite only began weeks later.

And in Frøya, it was the County Governor of Trøndelag, as an old party mate and former colleague from the same local communications company as TrønderEnergi's then director of communications, who decided the conflict with Frøya municipality in TrønderEnergi's favour. This despite the fact that similar questions in all of the similar cases had supported the municipality's decision as correct. It is this company that is now HitecVision's business partner in wind power developments.

Read more about these cases in Miljømagasinet 1/2019:

http://984072-www.web.tornado-node.net/wp-content/uploads/2019/10/Miljomagasinet-2019-1-Vindkraft-web.pdf

As we see HitecVision's Responsible Investment Policy and Ethical Guidelines, a partnership with TrønderEnergi is not compatible with these. When HitecVision's involvement in Aneo is also directly involved in human rights violations against the Sami reindeer herding districts of Sør-Fosen sijte and Nord-Fosen siida, it seems that the distance in HitecVision between words and actions is very large. It is of little help to have nice words about human rights, ethics and consideration, when it is precisely these that one himself violates in practical work and in investments. When one has persisted for so long after the judgment in the Supreme Court, it appears as if one has tried to "buy out" the Sami instead of making the responsible decision to withdraw the investments in line with HitecVision's own statutes on responsible investments and ethical guidelines.

The investments in human rights violations in the facilities at Fosen will stand as a stain on HitecVision's reputation in the future. It is the choices the company makes next that will determine whether HitecVision can regain a reputation for ethics and responsibility. For now, HitecVision has chosen a completely wrong strategy.

Website: https://hitecvision.com/

Statkraft

Statkraft is the main shareholder of the Storheia wind power plant in Fosen and also has operational responsibility for the facility.

In his document Statkraft's rules of conduct Among other things, we can read the following;

4. Human rights and rights for workers
   Statkraft supports and respects, within its area of influence, internationally recognized human rights, and ensures that the company does not contribute to violations of human rights. We support and respect internationally recognized labor rights, including freedom of association and recognition of the right to collective bargaining, the abolition of all forms of forced labour, the abolition of child labor and the eradication of discrimination in employment and occupation.

https://www.statkraft.no/globalassets/0/.no/om-statkraft/verdier-og-prinsipper/statkrafts-leveregler-2019.pdf

Now it is precisely the human rights that Statkraft violates at its Storheia wind power plant in Fosen. It was documented by the Supreme Court unanimously in a large chamber on 11 October 2021.

Statkraft also has its own routines for dealing with breaches of the rules;

2. Where should concerns or rule violations be reported?
   If an employee of Statkraft suspects that a decision or action will violate or may violate Statkraft's legal or ethical obligations, the person concerned has the right and duty to raise the matter. The person concerned should immediately contact their manager. If this is difficult or impossible, he or she should contact the head of Group Audit.
3. Consequences of breaking the rules
   Failure to act in accordance with Statkraft's rules of conduct is considered a serious matter which could lead to disciplinary measures or dismissal, and which may be reported to the relevant authorities.

https://www.statkraft.no/globalassets/0/.no/om-statkraft/verdier-og-prinsipper/statkrafts-leveregler-2019.pdf

So where does the responsibility of the group manager, group management, chairman of the board, the board etc. become? Violation of human rights as enshrined in the UN Convention on Civil and Political Rights (SP) article 27 for Statkraft's wind power plant at Storheia has been handed down by unanimous judgment in the Supreme Court's grand chamber. Has anyone in group management received disciplinary measures or dismissal as a result of the obvious breach of Statkraft's values, principles and rules of conduct? There is clearly a very long distance from fine words and promises to practical actions in the state-owned company.

Website: https://www.statkraft.no/

Facebook: https://www.facebook.com/statkraft

The strange thing is that all the companies involved say they are concerned with human rights, but all violate them with obvious intent and for financial gain

Great words are cheap. It is how the companies act in practice that shows
how much the words are really worth. All companies involved in
the human rights violations at Roan and Storheia wind power plants have many great ones
words about how good they are at caring about human rights, but everyone violates
these with clear knowledge and with clear intent.

To start development after one has been established
legal process which could end with the concession being declared invalid, has
one has obviously taken a calculated risk which could very likely cause the companies large future losses.

In addition, the UN High Commissioner for Human Rights has already in
In 2018, Norway requested a halt to the construction of Storheia. The High Commissioner had
assessed the case following a complaint from the reindeer husbandry case.

It is thus left with a very cynical business culture
to try to "buy out" of all problems, instead of taking responsibility
choices in line with the companies' own articles of association and ethical guidelines.

All of the companies that are involved, directly or indirectly, in the human rights violations against the Sami reindeer herding districts of Sør-Fosen sijte and Nord-Fosen siida through the continued operation of the illegal wind power plants Roan and Storheia on Fosen in Trøndelag, are now individually and collectively responsible for continued violations on human rights. These companies include, among other things; Stadtwerke München Gmbh, BKW Energy Ag, EIP Wind Power Central Norway Holding S.À RL, TrønderEnergi AS, KLP, Aneo AS, HitecVision AS, and Statkraft Sf.

All companies have clear articles of association and ethical guidelines that are incompatible with the offenses at Fosen. The only right thing to do is to take the loss and withdraw from the investments. Both wind power plants were built with knowledge of a significant risk. Now each of these companies is responsible for either taking the loss and restoring the damage and interventions, or having to live with a tarnished reputation as an evildoer and human rights abuser.

We hope the companies involved realize they have a lost cause and do the right thing. The opposite will certainly not be in the interests of the companies, or their investors.