– The reindeer owners themselves demand that the 150 wind turbines on Fosen must be demolished. We support this requirement. This is what the newly elected leader of the Labor Party’s Sami policy council, Fransisca Kappfjell Herbst (30), says to news. Fransisca Kappfjell Herbst believes that the government should speed up the follow-up to the Fosen judgment. Photo: Are Bjørgen / Privat The Supreme Court’s grand chamber ruled on 11 October 2021 that the decisions on the concession and expropriation permit for the Roan and Storheia wind power plants are invalid. This constitutes a breach of the UN Convention on Civil and Political Rights. – Now the state must follow up on its national and international obligations towards the Sami people. The Supreme Court has spoken. Now the state must act and on the Sami people’s terms, says Kappfjell Herbst. – Continued wind power at Fosen In connection with the one-year marking of the Fosen judgment, State Secretary in the Ministry of Oil and Energy, Elisabeth Sæther (Ap), responded this: – It is clear that from the government’s side we have a goal that we should continue to have wind power at Fosen, says Sæther to news. State Secretary Elisabeth Sæther says that the government is working on a solution, which means that the wind turbines at Fosen will remain. Photo: Ođđasat / news In the Supreme Court judgment it appears that the reindeer herding industry is the mainstay of Southern Sami culture and language. The Supreme Court points out that the development of wind power in Fosen will have a significant negative effect on the Southern Sami’s opportunity to cultivate their culture. AP’s Sami political conference believes that the party cannot be aware of ongoing human rights violations on their watch. – The Supreme Court has not said that the wind power plants today limit the cultural practice of reindeer herders in violation of international law. The Supreme Court has assumed that the wind power plants will eventually have this consequence, Sæther tells news today. The Supreme Court rules that the wind turbines at Fosen prevent the Southern Sámi from practicing their culture. Photo: Ingrid Lindgaard Stranden / news The ministry will hold consultations with affected parties in this regard. The southern group was consulted on 9 November and the northern group will be consulted later in November. – The further follow-up must be assessed after the consultations have been completed, says Sæther. – Ongoing violation The Norwegian Institution for Human Rights (NIM) emphasizes that “State authorities have a duty to ensure that Norwegian legislation and practice are in accordance with human rights.” This violation is ongoing as long as the right to cultural practice cannot be fulfilled, NIM points out. On Tuesday 11 October 2022, Southern Sámi reindeer herders and their supporters gathered outside the Storting to mark that it has been one year since the Supreme Court handed down its verdict in the Fosen case. Photo: Mette Ballovara / news In Ap’s party program 2021–2025, it is stated that “Norway shall be a leading country when it comes to the rights of indigenous people”. – This will not be fulfilled if the judgment from the Supreme Court is not followed up properly, Kappfjell Herbst believes. – OED’s goal is to secure a solution where the operation of the wind turbines can be maintained while the rights of reindeer husbandry are safeguarded. There is no basis for an immediate shutdown of the facilities, says Sæther. Parliamentary leader of Ap’s Sami parliamentary group, Ronny Wilhelmsen, raised the Fosen case with the Minister of Oil and Energy. – I do not want to say what came out of this meeting, as it is an internal party meeting, says Wilhelmsen. Photo: Mona Solbakk / news On 18 January this year, Aps’ Sami parliamentary group wrote a letter to the government and Prime Minister Jonas Gahr Støre about following up on the Fosen judgment. They asked for a meeting with the party leadership. The letter led to a meeting with the then oil and energy minister Marte Mjøs Persen (Ap). The state’s human rights obligations In a letter, the Truth and Reconciliation Commission asks the Ministry of Oil and Energy (OED) for answers on how both the state’s ownership interests and the state’s human rights obligations in the Fosen case will be safeguarded. – We are concerned about the pressure reindeer husbandry is being subjected to and the consequences it has, says commission leader Dagfinn Høybråten to Adresseavisen. Head of the Truth and Reconciliation Commission, Dagfinn Høybråten (KrF) asks the OED to explain how they will take care of the state’s human rights obligations in the Fosen case. Photo: Vidar Ruud / Vidar Ruud The commission also wants to know how the ministry will generally deal with future territorial conflicts in the case of industrial development in the reindeer herding district. In consideration of the commission’s work and progress, the response deadline has been set for 30 November. On 1 June 2023, the commission presents the investigation report on the Norwegianisation policy and the injustice committed against the Sami, Kven and Norwegian Finns.
ttn-69