https://www.thearcticinstitute.org/sami-council-resistance-scopex-highlights-complex-questions-geoengineering-consent/

Sámi Council resistance to SCoPEX highlights the complex questions
surrounding geoengineering and consent
May 20, 2021
By Aaron M. Cooper
Climate and Environment, Commentary, Indigenous Rights and Issues, Law and
Governance
A grey circular building in front of a blue sky and grey water.
The Swedish parliament building. The Sami Council wrote an open letter to
the Swedish Space Corporation and the Swedish government opposing SCoPEX
test flights. Photo: dronepicr

In a recent Reddit ‘Ask Me Anything’, billionaire philanthropist Bill Gates
said that we “should be open to ideas that seem wild in the fight against
climate change”, with solutions ranging from creating synthetic meat to new
energy storage solutions to geoengineering the climate. However, not
everyone shares Gates’ optimism about every ‘wild’ solution.

A case in point: in Kiruna, Sweden, the Swedish Space Corporation and the
Keutsch Research Group at Harvard University drew the ire of the Indigenous
Sámi Council. In June 2021, they intended to carry out the first steps of
the Stratospheric Controlled Perturbation Experiment (SCoPEx). It is an
experiment in ‘solar radiation management’, aimed at gathering data on the
cooling effect of aerosol particles in the upper atmosphere. SCoPEx
consists of two phases. The first is an initial equipment test, which would
eventually lead to a second localised test where aerosols would be
injected, and the data on its effects then recorded.

In theory, replicating similar conditions that are present in post-volcanic
eruption situations, namely the cooling in the atmosphere, could help
forestall the adverse consequences of climate change. This could help
protect more vulnerable environments such as the Arctic. As the gap between
ambition and reality on emission reductions grows, research into
geoengineering has been fuelled by a sense that more drastic action is
needed. But this path raises concerns about how we deal with climate change
and how inclusive these solutions are. These are the very concerns that
were raised by the Sámi Council in their open letter to the SCoPEx Advisory
Board, the Swedish Space Corporation and the Swedish Government.

The objections of the Sámi Council
The Council’s objections first address solar geoengineering as a whole,
highlighting the uncertainty and the risks of its implementation. They
specifically underscore the consequences of abrupt cessation, suggesting
that this could lead to a ‘termination shock’ that would trigger a dramatic
temperature rise. Second, the Council expresses the fear that
decarbonisation efforts could be compromised by the implementation of solar
radiation management. Some states could arguably maintain the status quo
and treat geoengineering as a permission to ignore the root causes of
climate change, such as fossil fuel use.

Turning to SCoPEx, the Council further calls into question the governance
and decision-making processes, criticising the lack of engagement and
dialogue. The SCoPEx Advisory Committee has stated that it would engage
fully with stakeholders at the appropriate time. On this occasion, the
failure to establish an appropriate dialogue crossed a culturally sensitive
boundary. In Sweden, there have been land-use conflicts between the Swedish
government and the Sámi which had already led to frosty relations. These
final objections go beyond SCoPEx, raising deeper questions about the
implications of geoengineering and direct management of the atmosphere.

What the Sámi and the case of Sweden can teach us
In response to the objections, the Keutsch Research Group has opted to
pause SCoPEx. This story can perhaps teach us valuable lessons in
developing appropriate governance mechanisms for solar radiation
management. In future, it will be important to be mindful of historical
relationships between the state involved and Indigenous groups. There will
certainly need to be a robust public engagement procedure to ensure
previous mistakes are not repeated. In this respect, the Oxford principles
on the governance of geoengineering establish some fundamentals. The key
will be addressing the questions on the precise nature of public
participation and, in the context of Indigenous peoples, the free, prior
and informed consent (FPIC) procedure. FPIC has a broad international legal
basis in the UN Declaration on the Rights of Indigenous Peoples and the
International Labour Organization Convention No. 169. However, the lack of
universal standards for its implementation poses challenges in the context
of geoengineering governance.

How are we to interpret FPIC for matters of global concern? If we are to
interpret it as a procedural ‘consultation’, it can be problematic, as
often it is seen as a box-ticking exercise fulfilled by merely sharing
information, which would undermine the spirit of the FPIC process. Consider
the situation concerning the Storheia Windfarm in Norway. Complaints and
objections had been voiced – yet the project continued despite the negative
impact on reindeer husbandry. Similarly, we see a familiar situation with
the development of Swedish mining projects (something the Swedish Arctic
strategy should consider). Therefore, it would be in the best interests of
all parties to ensure cooperation and dialogue. Another interpretation is
more reflective of a substantive (partial) transfer of decision-making
power. This might ensure better participation, as, given the uncertainty
surrounding geoengineering, information-sharing may be insufficient. Either
way, FPIC in the context of geoengineering has to represent a dialogue that
fosters understanding and provides for a consultation process that reflects
higher standards of care than we have previously seen. Otherwise, it risks
compromising the progress on Indigenous self-determination and increasing
existing divisions on geoengineering research.

Has this burst the balloon on geoengineering research?
Over time, agreement on geoengineering research and its potential
implementation is much more likely if people are brought in as genuine
partners at the outset of the process. The SCoPEx debate in Sweden reminds
us that in future overcoming these socio-political and legal complexities
is a puzzle needing to be solved – geoengineering challenges different
worldviews. Reconciling the conflicting priorities between states and
Indigenous peoples worldwide will be difficult, but we do not need to
reinvent the wheel. The FPIC procedure has already been an important tool
for the empowerment of Indigenous peoples like the Sámi. The adoption of
higher, more comprehensive standards may be the first piece of the puzzle.
A piece that could yield benefits for a wide range of fields going beyond
geoengineering.

Aaron M. Cooper is a Ph.D candidate with the Centre for Climate Change,
Energy and Environmental Law at the University of Eastern Finland, and
lecturer in Law at Coventry University

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