Mapuche Williche Communities Bring Legal Action in Norway Against Statkraft for Human Rights Violations
Legal Action by Mapuche Williche Communities Against Statkraft in Norway
In a significant move, the Mapuche Williche communities from southern Chile have initiated a legal complaint against Statkraft AS, Europe's largest renewable energy generator. The complaint is lodged in Norway under the country's Transparency Act, indicating serious concerns about the company's obligations regarding human rights and environmental responsibilities on indigenous lands.
This action was spearheaded by Aylla Rewe del Ngen Mapu Kintuantü, an autonomous organization representing over 150 communities in the Pilmaiquén River basin. For more than a decade, this organization has been at the forefront of defending their territory, water sources, sacred sites, and collective rights. Their recent complaint seeks an investigation by the Norwegian Consumer Authority into whether Statkraft has fulfilled its due diligence obligations concerning human rights, particularly in relation to the Rucatayo plant and the Los Lagos hydroelectric project.
The communities express grave concerns regarding free, prior, and informed consent, cultural and spiritual rights, as well as the safety and integrity of women, children, and human rights defenders. They also highlight the risks of irreversible damage due to potential flooding of culturally significant territories. The Pilmaiquén River is considered a living and sacred territory, intimately connected to ancestral memory, healing practices, and ceremonial life within the Mapuche Williche culture.
Machi Millaray Huichalaf, a spiritual leader and representative of Aylla Rewe, emphasized that this complaint represents not only a legal challenge but a profound call to protect their sacred life and territory. Millaray stated, "This complaint is a call to safeguard our life, memory, and sacred territory. We urge Norway to listen to our voices and take action before the damage becomes irreversible."
As Statkraft is wholly owned by the Norwegian state, this case raises significant questions around Norway's human rights commitments and the responsible operation of its state-owned enterprises abroad. The complainants have requested the Consumer Authority to prioritize their review considering the potential for irreversible harm.
Furthermore, the legal counsel for the complainants, Knut Hurum, who previously represented the Sami people in the landmark Fosen case, is expected to play a crucial role in navigating the complexities of this legal landscape.
Next month, Machi Millaray and representatives from the Mapuche Williche community are planning a trip to Norway to meet with Norwegian authorities, indigenous organizations, and civil society groups. They will also be available for face-to-face interviews with Norwegian and international media, aiming to garner further support for their cause.
This complaint is part of a broader transnational strategy that also includes actions before the Inter-American human rights system and the United Nations. The Mapuche Williche communities are, therefore, not only seeking accountability from Statkraft but challenging the structural issues faced by indigenous people worldwide.
As this legal case unfolds, it will likely draw international attention to the intersection of renewable energy projects and the rights of indigenous populations, highlighting the need for companies to operate responsibly and with respect to the cultures and environments they affect. The outcome of this complaint may serve as a pivotal moment in redefining corporate accountability in the realm of human rights and environmental stewardship.