- FRONTPAGE
- LETTER TO CARL I. HAGEN FROM MARIUS REIKERÅS, NSDA LAWYER
- OPEN LETTER TO ELECTED POLITICIANS AND OTHERS IT MIGHT CONCERN FROM MARIUS REIKERÅS, NSDA LAWYER
- REQUEST FOR HELP IN FINDING THE NEXT OF KIN OF DECEASED DIVERS
- OPEN LETTER FROM A PIONEER DIVERS WIDOW, JOYCE BRUSHNEEN, TO THE NORWEGIAN PEOPLE
- BYFORD DOLPHIN VIDEO FROM LINDA CRAMMOND
- PETITION TO THE GOVERNMENT OF NORWAY
- LABOUR AND SOCIAL INCLUSION DEPARTMENT RESPONSE TO THE CIVIL OMBUDSMAN
- COMPENSATION HOPES FOR FAMILIES OF DEAD DIVERS - The Sunday Post - March 22 2009
- LABOUR AND INCLUSION MINISTRY REJECTS REQUEST FOR A NEW SEARCH FOR FOREIGN PIONEER DIVERS 21-03-09
- RESPONSE FROM THE LABOUR AND INCLUSION DEPARTMENT 16-03-09
- EQUAL CASES MUST BE TREATED EQUALLY 13-03-09
- LETTER FROM THE CONTROL AND CONSTITUTION COMMITTEE TO MINISTER DAG TERJE ANDERSEN 12-03-09
- I AM ASHAMED - KARI TODNEM - ABCNYHETER - 09.03.09
- IT IS A QUESTION OF JUSTICE - CARL I. HAGEN
- A WEAK CABINET MINISTER - ABCNYHETTER 11-12-09
- A NEW CLAIM FOR BILLIONS APPEARS
- THE NORWEGIAN SHAME
- CARL I. HAGEN - TAKING ACTION
- LETTER FROM THE PARLIAMENTARY COMMISSIONER, ARNE FLIFLET
- OSLO COURT RULING
- RUTH CRAMMOND - WEST FIFE WIDOW TO FIGHT ON AFTER LOSING DAMAGES BATTLE
- NORTH SEA DIVERS DEMAND COMPENSATION AFTER MAKING NORWAY RICH
- FAMILIES OF BRITISH DIVERS KILLED IN NORTH SEA OIL BOOM SUE NORWAY
- The Official Response from the NORWEGIAN MINISTRY OF LABOUR AND INCLUSION – Plus My Commentary
- The Norwegian Authorities Turn Even More Pathetic - The NSDA Response
- “The State Held Back Documents” Aftenbladet.no - 29.01.2008
- 24 Disabled North Sea Oil Divers Sue Norwegian Government, Claiming Human Rights Violations - AP
- Case updates from Upstream
- 2007.02.26 - Associated Press EX-OFFSHORE OIL DIVERS SUE OVER HEALTH
- MESSAGE FROM GARY CRONIN
- LAST ADVICE FROM TOM KIRKHAM
- BYFORD DOLPHIN DISASTER 05.11.1983
- Royal Commission of Enquiry headed by Petter A. Lossius, Judge, Borgarting Court of Appeals
- Dermott O’Sullivan - One sad example
- Dermott O’Sullivan’s US Court Case
- Aage Alvestad - US Court Case
- A brief insight into saturation diving.
- Reference Documentation
Pioneer Divers in the Norwegian Sector of the North Sea
NORWEGIAN SECTOR DIVERS - FIGHTING THE NORWEGIAN GOVERNMENT OVER HUMAN RIGHTS ABUSES
This web site has been set up to draw attention to what is being done here in Norway for the divers and families of divers who were injured or killed in the Norwegian Sector.
In the early 90’s a group of divers in Norway formed an organization to fight for the rights of the divers and their families; the Nordsjødykker Alliansen, in English, the North Sea Divers Alliance or simply the NSDA.
The primary reason the NSDA began was because between 1965 and 1990 there were 56 confirmed diving fatalities in the North Sea; 40 British divers, 8 American divers, 5 Norwegian divers, 2 French divers and 1 Italian diver.
There were also an equal or larger number of unconfirmed fatalities. Seventeen of these confirmed fatalities were in the Norwegian Sector. Most of these men had families. Very few of these families received any of the pensions they were entitled to under Norwegian Law. Additionally there were a very large number of serious injuries and long term debilitating effects from diving done in the early days of North Sea oil exploitation.
Based on a Royal Commission, referred to as the “Lossius Commission” the Norwegian Government decided to award compensation to divers and or their families because the situation they faced. This compensation does in no way makes up for the loss of a father and husband or the men who suffered debilitating injuries but it does help contribute to a better life for the survivors.
The official English translation of the Commissions report can be found on:
7.1 The Commission and its mandate
Pursuant to a decision by the Parliament on 13 June 2000 the Norwegian government appointed on 2 March 2001 an independent Commission of Enquiry to investigate all circumstances related to diving in the North Sea in the pioneer period.
The Commission received the following mandate:
The Commission of Enquiry shall assess all circumstances related to diving in connection with the North Sea oil industry in the pioneer period. This period is defined as 1965 to 1990.
A key finding of the commission was in reference to “Liability Issues”, this section is found on:
7.8.1 Liability for damages under Norwegian law
Under Norwegian law liability for damages may be imposed with a basis in the non-statutory concept of negligence or with a basis in strict liability. The main idea behind strict liability is that the risk entailed by an activity should be borne the party in whose interest the tortious act is committed. Strict liability is grounded in a balancing of interests where the issue is who is closest in terms of bearing the risk. There are no clear-cut dividing lines between negligent and strict liability.
In addition to the basis for liability (negligent or strict), there must be an adequate causal relationship and a financial loss.
7.8.2 Liability for damages on the part of the Norwegian State
When considering the Norwegian State’s liability it is expedient to take a basis in strict liability. Through the State’s declaration of its sovereignty over the Norwegian continental shelf, the State has acquired a limited ownership position over the shelf with proprietary rights to the subsea petroleum deposits and exclusive rights to resource management. By virtue of its ownership the State has overarching responsibility for activities on the Norwegian continental shelf.
Somehow, however, there was a slip between the findings of the commission and the execution by the bureaucrats. The compensation granted was small relative to the damages endured. As well, foreign divers were effectively excluded from receiving the compensation due to the bureaucratic quagmire faced.
Therefore it was decided by the NSDA to fight further for the human rights of the divers and families.
The Government of Norway has taken the stance that:
The Official statement from the Norwegian Ministry of Labour and Social Inclusion
The Norwegian government has taken responsibility for the pioneer divers at a moral and political basis, but has not acknowledged any legal responsibilities for the damage that has been inflicted upon the pioneer divers. Whether or not one is legally liable in accordance with compensation law regulations is a question for a court of law to decide.
After a very long and convoluted court case and months of deliberation the Court concluded that the “North Sea Divers claim did not succeed”
Oslo tingrett / Oslo Courthouse
There is no doubt, Oslo District Court acknowledges, that the pioneer divers suffered risks and health injuries due to their diving activities. However, the court cannot find legal grounds to state liability of the Government, neither objectively nor subjectively, and neither with reference to the law itself nor to previous court practice.
Subjective liability
When considering subjective liability, the court emphasizes that neither The Norwegian Labour Inspection Authority nor the Norwegian Petroleum Directorate did put aside any reasonable demands from the divers regarding supervision. Subsequently, the court states that the divers right to life were not offended. Neither were they exposed to inhuman or dishonorable treatment. Thus, the court cannot find any violation of the human right declaration.
Objective liability
Objective liability implies a legal obligation to compensate damages, even though there is not a question of “guilt”, negligence or intention to harm. In this case however, there is not a sufficient connection between the Government and the activities that injured the divers, to state such an objective liability. The role of the authorities as lawmaker, supervisor, administrator of licenses, receiver of tax and owner of the natural resources, do not itself make the Government a wrongdoer, the court underlines.
The court underlines, however, that human considerations indicate that the objective liability could be expanded, in order to fully compensate the long-term injuries of the divers. But such an expansion in the non-legislative area of the objective liability should initially be made by the Supreme Court.
On these grounds, Oslo District Court has not found legal basis to award the plaintiffs compensation.
Obviously this put the case in a “Catch 22” situation where finger bureaucratic pointing is rampant. From the perspective of those who are not living locally here in Norway the case seems to have degenerated into a parody of the BBC Documentary “Yes Minister”.
To understand the situation with the bureaucrats, click on the following links, these should make it more clear in reference to the bureaucratic wall we are encountering:
Yes Minister: Government Policy Policy: http://www.youtube.com/watch?v=dIto5mwDLxo
Yes Minister: A Public Inquiry: http://www.youtube.com/watch?v=5FRVvjGL2C0
Don’t make the mistake that our case is unusual in the Norwegian Political System, the following to news articles serve to show the different faces of the Norwegian Government.
Norway joins fight to save Amazon; Norway has pledged $1bn (£500m) to a new international fund to help Brazil protect the Amazon rainforest.
No compensation for injured soldier; The Norwegian Public Service Pension Fund (SPK) has ruled against compensating a Norwegian soldier for lasting injuries suffered during service in Afghanistan.
On the one hand, where it serves to bolster their international image, the Government of Norway is quite willing to use the funds that the divers helped to make available to them, but on the other hand it does not even acknowledge the sacrifices its own troops are making to support their international policies. Two very conflicting stances taken, clearly illustrating the convoluted political and bureaucratic mindset found here.
Fortunately we have very good legal council in Marius Reikerås; a political champion for our cause in Carl I. Hagen and support from the Parliamentary Commissioner, Arne Fliflet. There is also popular public support among the Norwegian people.
Please scroll through the buttons on the left of the page to learn more about what is happening here.
Finally, please understand that the NSDA is a loose-knit bunch of old divers working together. We need your help in making this all work.
This group has managed to achieve a lot over the years, and we’re still working, it’s not finished yet. We would appreciate you joining in and helping where you can.
If any one out there is serious and can help to find the families, or who just wants more information please contact me directly:
Tom Wingen
Brunla Gård. N-3294 Stavern, Norway
Tel: (+47) 959 444 85 | E-mail: mail@pioneerdivers.org