Mining activities in Sweden have adverse effects on traditional Sámi livelihoods, including economic, social, and cultural disruption. Currently, Swedish legislation does not sufficiently consider human rights in mineral licensing, suffering from a lack of meaningful Sámi participation in decision-making and reliance on voluntary corporate initiatives for human rights due diligence.

The EU Corporate Sustainability Due Diligence Directive (CSDDD) introduces new obligations for large businesses to assess and address adverse impacts on human rights. It entered into force in July 2024, and member states must implement it at the national level by the end of July 2026.

In light of international business and human rights standards, the authors discuss ways that the CSDDD could strengthen protection of Sámi rights by requiring companies to identify, prevent, and address adverse impacts through structured due diligence processes.

In the coming years the push for mining activities on Sámi lands is expected to intensify, partly owing to EU legislation, including the Critical Raw Materials Act. One concrete example is the state-owned Swedish mining company LKAB’s plans to mine Europe’s largest known deposit of rare earth elements in northern Sweden. The Gabna reindeer herding community foresees significant impacts from the mine, including land dispossession and obstruction of essential migration routes for reindeer.

The authors use this case to indicate the types of concerns that should be considered as part of verifying compliance with the CSDDD. For instance, LKAB’s risk assessment has not covered potential human rights impacts, or social and cultural impacts, of the project. Similarly, LKAB has not yet proposed measures to prevent or mitigate adverse impacts on reindeer herding.