Mayor on reindeer herding: – Fed up with the fact that they have been given exclusive rights to international law – news Sápmi

The case in summary Eleven possible wind power plants in Finnmark are being processed by NVE. One of them is in Porsanger, and there is great disagreement as to whether it can be built in areas with reindeer herding. Reindeer owner and manager of the Skuohtanjárga reindeer herding district Johan Isak Eira says he will fight against wind power in his areas as long as he lives. Mayor of Porsanger, Jo Inge Hesjevik, says a wind power plant in Porsanger makes sense, since they have large areas and today buy power that is produced elsewhere. Hesjevik is tired of the fact that the debate about wind power revolves around the reindeer owners’ rights, even though other Sami also have rights. The Sami Parliament is suing the state, because they believe that the decision to electrify the gas plant on Melkøya in Hammerfest is illegal. The decision means that more wind power plants will be built in Finnmark to provide power for the plant. Although Energy Minister Terje Aasland has been involved in conflict-ridden cases between reindeer husbandry and wind power before, he believes that they can coexist. The summary is written by real people at news. On one side of the wind power debate are developers, the government and municipalities who believe it is necessary in the green shift. On the other side are conservationists, reindeer owners and others who believe that wind power is not the solution to the climate crisis. At least not in areas where reindeer travel. – Unacceptable situation The county of Finnmark has the smallest population in Norway and has the second largest area. One would perhaps have thought there was plenty of space for wind turbines? Reindeer Johan Isak Eira believes it is completely wrong. – It doesn’t work. We don’t have room. Reindeer herding and industry in the same area simply do not work, he says. Johan Issát Eira is determined that no wind power plant should be near his reindeer. Photo: Joni Albert Saijets / news Eira is the manager of the Skuohtanjárga reindeer herding district in Porsanger and was born into reindeer herding. He is horrified by the plans that have been laid in the area he believes is vital for the reindeer. Porsanger municipality gave the green light for a wind power plant in Eira’s reindeer grazing district this winter. Skuohtanjárga is located on the west side of the Porsangerfjord in Finnmark. This is the summer grazing area for reindeer owners from Karasjok. As of 31 March 2023, Skuohtanjárga had 4,950 reindeer. 77 people are associated with the operation. Fortum Nordkraft Vind DA has registered Skarvberget wind power plant with NVE. In addition, they have registered Reinelva wind power plant in Nordkapp municipality, which is also part of the Skuohtanjárga reindeer herding district. Source: NVE / Map graphics: Eilif Andreas Aslaksen He believes a wind power plant will cause them to lose a large part of their summer pasture. – If the wind power plant is built, some of us will probably simply have to stop reindeer herding, he says. Now he makes a clear speech to politicians “in the south” who believe his area is well suited for wind power. – It is only necessary to cut the plans for wind power now. But it is not only politicians “in the south” who think his area is well suited for wind power. Mayor of Porsanger municipality, Jo Inge Hesjevik (H) is also in favor of wind power. – Tired of the fact that they have been given exclusive rights – That reindeer herding should have the big challenge, I have a hard time understanding that, says Hesjevik to news. Mayor of Porsanger, Jo Inge Hesjevik (H) was supposed to participate in a conversation about reindeer husbandry and wind power in Arendal on Tuesday, but got stuck in traffic. His talking points are still clear when he talks to news after finally getting to Arendal. Photo: Ingrid Elise Trosten / news Hesjvik says that there have been fewer residents in Porsanger municipality in recent years and therefore believes that there are larger grazing areas now than before. – If we get a wind farm, then the total available grazing areas will still be larger than they were 20 years ago, he believes. According to Statistics Norway, the population in Porsanger has gone from almost 4,600 inhabitants in the 1980s to 3,890 inhabitants in 2024. Now the municipality buys power from Europe and other places in Norway. That is why he wants wind power for the municipality, he says. – At the same time as we have the largest area, people say that we cannot give one square metre, but others will have to do it so that we get power, says Hesjevik. The mayor makes a reasonably clear speech about how he thinks the debate about wind power versus reindeer herding has turned out. – It is the case that a very large proportion of the population living in Porsanger is Sami. But to say that the indigenous people’s right in Porsanger is only linked to one group of business practitioners, I believe that is wrong according to international law, says Hesjevik. – I’m a bit tired of the fact that they have been given the exclusive right to it, and I want to contest it on behalf of Porsanger’s residents, he adds. People’s rights are given to the entire Sami population, including those who do not engage in reindeer herding, Hesjevik believes. What is international law? While Norway’s laws determine what people can and cannot do when they stay in Norway, the rules of international law determine what states – or the countries – can and cannot do. Human rights are part of international law. They are expressed in a number of human rights conventions. Thus, indigenous rights are also part of international law. According to law professor Geir Ulfstein at the University of Oslo, the Fosen case was a breakthrough for international indigenous law in the Supreme Court. The Court’s Grand Chamber unanimously relied on the practice of the UN Human Rights Committee when it found that the wind power concession violated the Sami’s rights. Sources: FN, SNL and UiO (external links) Already when NVE published the list of which projects they were going to proceed with in Finnmark, reindeer owners in the municipality were on the offensive. They did not rule out major actions to prevent the projects from becoming a reality. – If reindeer husbandry stands its ground and says no to wind power in the municipality no matter what, is it still relevant for the municipality to build? – If the majority of Porsanger’s residents want it, then that is a democratic starting point, and we want to ensure that it can happen, says Hesjevik. Already when NVE published the list of which projects they were going to proceed with in Finnmark, reindeer owners in the municipality were on the offensive. These projects will go on to a consultation round: Nordkyn wind power plant, in Lebesby and Gamvik municipalities (Statkraft) Bjørnviktuva wind power plant, in Lebesby and Gamvik municipalities (Fortum Nordkraft Vind DA) Oksefjorden wind power plant, in Lebesby and Gamvik municipalities (H2 Carrier) Skjøtningsberg wind power plant, in Lebesby municipality (Aneo) Svartnakken wind farm, in Lebesby municipality (Troms Kraft and Green Nordic AS) Kjøllefjord wind farm, in Lebesby municipality (Statkraft) Laksefjorden wind farm, in Lebesby municipality (Fred. Olsen and Finnmark Kraft) Hamnefjell III wind farm, in Båtsfjord municipality (Finnmark Power) Rubbedalshøgda wind farm, in Berlevåg and Båtsfjord municipalities (H2 Carrier) Skarvberget wind farm, in Porsanger municipality (Fortum Nordkraft Vind DA) Reinelva wind farm, in Nordkapp municipality (Fortum Nordkraft Vind DA) Alta hydropower plant A3 (expansion), in Alta municipality (Statkraft ) – A curse on Sami culture – All Sami have indigenous rights, whether you own reindeer or not, says Sandra Márjá West (Norwegian Sami National Association). West is an adviser to the Sami Parliament president and the rest of the council at the Sami Parliament. The president will probably need good advice going forward as well, since the Sámi Parliament has decided to sue the state. – We in the Sámi Parliament have room for all Sámi, but it may seem that not everyone has room for us, she believes. West believes that this understanding of Sami rights may stem from the attention precisely reindeer herding has had in recent years. Sandra Márjá West says that all Sámi have indigenous rights, not just the reindeer owners. The Sámi Parliament is strongly critical of the wind power plans in Finnmark, and is going to court to have the plans stopped. Photo: Vetle Mathiesen Knutsen / news – Reindrifta does not have a monopoly on international law, all Sami people have indigenous rights. With that said, reindeer herders’ rights have been more visible due to court cases such as Fosen, she says. – I think that has shown us other Sami that we actually have rights that cannot be violated, she adds. – Negative consequences West is afraid of the government’s plan to electrify the Melkøya gas plant has negative consequences for Sami culture. Electrification of Melkøya Photo: Allan Klo / news At a press conference in Hammerfest on Tuesday 8 August 2023, the government presented a plan for the electrification of the gas plant on Melkøya. One of the government’s main messages is that the electrification will facilitate the operation of the plant on Melkøya to be maintained until 2040. They describe the electrification as “the largest, single climate measure ever decided by a Norwegian government, and a historic power and industrial boost for the northernmost part of our country – where we are completely dependent on a strong civilian presence”. The electrification will lead to a sharp increase in electricity consumption in the area. The government writes that conversion from gas to full operation with power from the grid means an increase in power consumption on Melkøya of 360 MW. At the same time, it was made clear that the aim is to build out the much disputed 420 kV line between Skaidi and Hammerfest, and then to Varangerbotn in Eastern Finnmark. The government will assume that the electrification will take place in 2030. If sufficient power generation has not been developed by that time, the gas power plant will be able to continue as it is today until 2033. On the one hand, the government believes this is good news and a big step towards a greener Norway. The critics, on the other hand, believe that this is “greenwashing” and believe that the gas that is currently used to provide power to extract more gas will be sent out of Norway and then burned elsewhere. In order to be able to use clean electricity to power Melkøya, the government believes that more wind power and larger power lines must be built in Finnmark. She fears that this could lead to many negative consequences for Sami culture and reindeer husbandry. – It will be like a curse on Sami culture, says West to news. One of the wind power plants that is relevant to build in this process is Skarvberget in Porsanger. – It is very important that we investigate the legality of the Melkøya decision. There have been no consultations with the Sami Parliament. Nor have impact assessments been carried out as required by law, says West about the controversial decision. – Need more power Energy Minister Terje Aasland (Ap) meets news during Arendal Week. He is clear that he wants good conditions for reindeer husbandry in the future, at the same time that wind power plants must be built. He believes that it is possible for wind power and reindeer husbandry to coexist. Although Terje Aasland has a lot of experience with cases where coexistence between reindeer and wind power has not gone so well, he has not lost faith that it is possible. Photo: Ingrid Elise Trosten / news – We are concerned that we can achieve a good coexistence, ensure that the reindeer herding has security and predictability for its business in the future. But at the same time, Aasland believes that Finnmark needs more power to support business and industry in the county. As of today, there are eleven relevant wind power projects that are being assessed in Finnmark. Impact assessments and detailed plans must be drawn up before NVE can give the green light for construction of the individual projects. – Very clear priorities have been set, and we are now proceeding with the processing of the license applications that we believe have the least conflict in them, says Aasland. – Cut the plans for wind power But even though his area may soon be full of wind turbines, reindeer herder Johan Isak Eira is looking forward to the future of reindeer husbandry. – We will never give up in the fight against the wind power plant. If the plans are carried out, Eira believes that not only the reindeer herders in the area will feel the consequences. Sieiddeduottar roughly translated means “sacred expanse”. The name says something about the value the Skarvberg area has for the Sami in the area. Photo: Joni Albert Saijets / news – It will be the neighboring districts, the local population and ultimately the entire municipality that will feel the negative consequences. That’s why he offers advice to anyone who wants to set up wind turbines in his reindeer grazing area: – Better use the time to find alternative solutions, because here at Skuohtanjárga they won’t be building wind power as long as we’re here. Published 16.08.2024, at 19.54



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