– The government simply has to listen to what the Sami themselves say. The only possible solution is for the government to do exactly what the Sami say they can approve. That is what former special rapporteur for the UN, Martin Scheinin, says. He is a professor at the University of Oxford in Great Britain and a former member of the UN Human Rights Committee. Before the weekend, when the protests had lasted for over a week, a public apology came from the government to the reindeer herders at Fosen. There is now great excitement about what will happen to the turbines. Recommends taking the case further The government is working to find solutions in the case. But without temporary measures, the state continues to violate human rights on a daily basis. Indigenous peoples have special protection. – What must happen first is that the Sami’s rights must be satisfied. After that, you can spend as much time as you want to investigate new options, says Scheinin. He encourages the affected reindeer owners in Fosen to take their case to the UN Human Rights Committee. Martin Scheinin says that the Sami’s rights must first be satisfied, after that you can spend as much time as you want to investigate new alternatives. Photo: Privat He points out that the Sami have used all legal remedies, but that the state continues the abuse. – Therefore, they should file a complaint under the SP Convention and at the same time demand immediate temporary measures that Norway should follow, in order to put an end to the ongoing human rights violation, says Scheinin. He believes that Norway has failed the reindeer herders after the Supreme Court’s decision. – The Human Rights Committee can say that Norway should stop implementing the project until the UN has dealt with the matter or until the Sami have given their consent, explains Scheinin further. The state has a duty to repair At Fosen there are now 151 turbines in the mountain areas of Storheia and Roan. 129 kilometers of construction roads have been built here. The two wind power plants are part of the large development of Fosen Vind, where a total of six plants were set up. The Supreme Court in grand chamber has declared the concessions of Storheia and Roan invalid. The development violates the reindeer husbandry Sami’s right to cultural practice according to Article 27 of the UN Convention on Civil and Political Rights (SP). This is what it looks like at the wind power plant at Storheia in Fosen.Øivind Olsson / news The turbines are located in the middle of important winter grazing areas for the reindeer and have been set up at the expense of the families’ opportunities to live as reindeer herders. Prime Minister Jonas Gahr Støre acknowledged on Saturday that there is an ongoing human rights violation at Fosen. In the event of an ongoing human rights violation, the state has a so-called human rights obligation to repair. This means that what destroys the Sami’s ability to practice their culture must be sorted out. – Do you think that wind turbines should be demolished? – If the Sami say they should be demolished, then they should be demolished, says Scheinin. – Do you mean that too? – It follows from the Supreme Court’s decision, replies Scheinin. Must have the same practice at home in Norway In the UN system, Norway’s handling of the Fosen case has been received with disbelief and surprise, says Laila Susanne Vars. She is a member of the UN’s expert mechanism for indigenous peoples’ rights and is a former specialist director at the Norwegian Institution for Human Rights (NIM). – The Sámi people at Fosen have lost their basis for existence. And just that in itself is a very serious situation, that you as a state allow an ongoing violation of human rights and that you do not stop the business, says Vars. Laila Susanne Vars wonders why the state has not stopped operations at Fosen. Photo: Dragan Cubrilo / news Vars points out that Norway has done a lot internationally to promote indigenous rights. – The Oil Fund has good and strong legal assessments of indigenous peoples’ rights at the bottom when they blacklist companies that violate indigenous rights. Then you also have to have the same practice here at home, as abroad, says Vars. The state owns the wind power plants and has financial interests. The fact that the state has several roles in the matter makes things more complicated, Vars believes. – The state could have stopped the business and the violation of human rights. Why wasn’t that done? Must fall below the level of violation Article 27 of the UN Convention on Civil and Political Rights has over time become the most important international provision to protect indigenous peoples from encroachment, according to NIM. The convention is a so-called threshold provision. Either you are above the level of infringement, or you are below. And now the government does not know what measures they must take to get below the threshold. In winter, it is very windy and the reindeer move up onto knolls where grazing is easily available. Photo: Leif Arne Jåma The main rule is, however, that one should not weigh considerations against each other. Indigenous peoples have protection and it is not allowed, for example, to weigh their existence against social economy and energy. Precisely because they, as minorities, will most often lose. Other international rules such as ILO Convention 169 and the UN Convention on Racial Discrimination are also important. In the Fosen case, a solution must be reached where violations no longer take place, explains the former UN special rapporteur. – That solution should come from the Sami. The only possibility for Norway to comply with its international obligations is to do what the Sami set as conditions for wind power, says Scheinin. – Is that the only solution? – That is the only solution, says Scheinin. – We expect the state to notice this and set up a dialogue with us that is in line with what the UN says, says head of the Sør-Fosen site, Leif Arne Jåma. Leif Arne Jåma on Storheia, which was the most important winter grazing area they had. Photo: Ingrid LIndgaard Stranden / news Surprised by the lack of action Scheinin wonders why the authorities in Norway have not been more concerned that the government is going against the Supreme Court ruling. – It is serious in a rule of law that people, like the Sami, have to go to courts and up to the Supreme Court. It is very serious if the state itself does not follow the decision they have received from their highest court. – Do you think that the state has spent too much time in this case? – Of course. Scheinin believes that one should only spend a few weeks or perhaps a month. But not a year and longer than that. In the Fosen case, measures and alternatives have already been thoroughly investigated and assessed in several courts. The state wants a new investigation. – There is talk of it being a “full repair”. What does that entail? – The state must come to terms with the Sami. It is not the case that the state can unilaterally decide what full repair is. The Sami’s consent is also needed there. – The Sami have a very strong position in any negotiations and the Sami can come up with proposals that Norway is obliged to follow in order to avoid tearing down the wind turbines, says Scheinin.
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Former UN rapporteur encourages the Fosen reindeer owners to take the case to the human rights committee – news Sápmi
