Mediation between NGOs and Aker begins in Oslo

August 23 marks the beginning of an OECD-led mediation process between a group of NGOs and Norwegian oil company Aker, following a complaint that the company failed to comply with OECD guidelines when buying assets from Lundin Energy. 

In February 2023, the Norwegian National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct accepted a complaint, filed by Swedwatch and seven other civil society organizations, over potential human rights impacts resulting from the merger of Lundin Energy’s Norwegian oil and gas operations and Norwegian oil company Aker BP in 2022.

The complainants argue that the buyer did not perform any analysis on how the merger affects those impacted by Lundin’s actions during the civil war in Sudan, or their chances of receiving remedy. In its initial assessment, the NCP stated it found cause to examine if sufficient human rights due diligence, in line with the OECD Guidelines, was conducted when the acquisition was made.  

The NCP has now invited the parties – the complainants and Aker BP and ASA – for dialogue and mediation to resolve the issue, with an initial three-day session taking place in Oslo on August 23-25. Olof Björnsson, researcher at Swedwatch and author of the report Fuel for Conflict, will be attending together with representatives from the other complainants. 

“I look forward to finding good solutions together with Aker BP and Aker ASA that are in line with the OECD guidelines. Hopefully this can contribute to a better understanding of business responsibility when business relationships inflict harm on local populations.” 

The mediation starts just weeks before the trial against Ian Lundin and Alex Schneiter begins. The two former executives of Lundin Oil (today Orrön Energy) are accused of complicity in grave war crimes in Sudan from 1999 to 2003. 

However, while a conviction might lead to compensation for the 32 plaintiffs in the court case, thousands of people who still live with the consequences of the civil war are at risk of remaining uncompensated. Their remediation chances further diminished when Lundin Energy in 2022 sold its main assets to Norwegian oil and gas company Aker BP, as highlighted in the NCP complaint.