ABSTRACT

This chapter focuses on the protection of the Greenlandic area and Greenlandic society in connection with offshore hydrocarbon activities. It defines the legal nature of an Impact and Benefit Agreement (IBA), as it has been used in Greenland. The chapter discusses the use of the IBA and analyses parts of the draft model IBA, as well as the five IBAs by focusing on the provisions regarding labour. It concludes that the IBAs used in Greenland to date contain obligations that are hard to enforce, and that the definition of 'Greenlandic workers' represents a particular problem. The regulation regarding IBAs is mainly found in the Mineral Resources Act. The draft model IBA is closely connected with Section 76 of the Mineral Resources Act, in accordance with which, if a mining activity under the Act is assumed to have a significant impact on social conditions, Naalakkersuisut can only grant a licence if a Social Sustainability Assessment (SSA) is submitted.