– We demand that the Norwegian government takes the Supreme Court’s decision into account. That’s what Galina Angarova, head of the organization Cultural Survival, says. Cultural Survival is a non-profit organization that has worked with indigenous rights worldwide since 1972. They are headquartered in the United States and have branches in eleven countries. Norway is being noticed. – While world leaders are pushing for a rapid introduction of green energy transition as a solution to climate change, the rights, ecosystems and existence of indigenous peoples are again being sacrificed, says Angarova. Galina Angarova is the leader of the organization Cultural survival. She has also represented the Indigenous Peoples’ Major Group at the UN in topics such as Sustainable Development Goals. Photo: Cultural survival Increased focus worldwide The organization points out that indigenous peoples are not a hypothetical phenomenon. But that they are 470 million people worldwide who make up 6 percent of the total population. On 15 May this year, the Sami in Norway were recognized as a separate indigenous people in the constitution. Canada just introduced a holiday of its own, the National Day for Truth and Reconciliation, to show respect to the Canadian indigenous population. This is a celebration of the day at the University of British Columbia in Vancouver. Photo: Ethan Cairns/The Canadian Press / AP Cultural survival believes that it is a consistent problem that those who live close to nature are being run over when it comes to large industrial ventures. Not least when the green shift is in full swing. – We see that the same story repeats itself in the areas of indigenous peoples around the world. We need to make sure that the green shift safeguards the rights of indigenous people, says Angarova. Indigenous people who have joined activists during a demonstration organized by the group Fridays for Future in New York. They mark what they call a “climate justice emergency”. Photo: ED JONES / AFP A free, informed consent Angarova emphasizes that decisions affecting indigenous peoples must be based on what they call “Indigenous Peoples’ rights to self-determination and Free, Prior and Informed Consent, FPIC”. That is, a right rooted in the UN to informed consent. The organization has just published a separate guide for indigenous leaders that can be used in such cases where the Fosen case went wrong. Two years ago, the Supreme Court ruled that the establishment of the large wind power plants Storheia and Roan is in violation of the human rights of the reindeer herders on Fosen. During the development of the Storheia and Roan wind power plants in Fosen, 129 kilometers of construction roads were built and 151 turbines were set up. Parts of the power plants have been set up in what were winter grazing areas for the reindeer of the Sami people. Photo: Ingrid Lindgaard Stranden / news Now the state must find new permits that do not overrun the reindeer owners’ rights. – Until new decisions come into place, the wind power plants are operated in accordance with the original licences. That’s according to State Secretary in the Ministry of Petroleum and Energy (OED), Elisabeth Sæther (Ap). No right of veto When the ministry gave the permits for the developments, the state was aware that wind power plants in these two winter grazing areas could come into conflict with SP27. But the OED still chose to give the go-ahead. – The state-owned company Statkraft and Fosen Vind continued with the establishment and operation of the wind power plant without having taken into account the indigenous people’s right to self-determination, and without free, prior and informed consent for the Sami communities, says Angarova. Statkraft points out that FPIC does not constitute a right of veto. And that the permit came in 2013 after a long and thorough process in which the reindeer husbandry and the relationship with the UN convention were investigated. – In the license decision, based on dialogue and input from reindeer husbandry, significant adaptations of the project were made to reduce the negative impact on reindeer husbandry, says Fosen Vind’s communications manager, Geir Fuglseth. Full production after the verdict In the years since the verdict, production in the facilities has been at full capacity. According to an analysis carried out by Europower, the two wind power plants have generated one billion kroner in revenue, just since the verdict was handed down two years ago. Storheia is the largest wind power plant in Norway and alone produces enough electricity annually to supply 400,000 electric cars. Photo: Ingrid Lindgaard Stranden / news The state owns more than half of the plant at Storheia through Statkraft and Fosen Vind. This means that the state has several roles in this matter. The race through all the courts has taken five years. Several people react to the fact that the state has assisted the developers in court, but has not spoken up for the Sami. Angarova points out that the Sami population was not against the establishment of wind power plants per se. But that they had objections to the consequences the developments would have on reindeer husbandry. – It was also possible to develop wind power in other places that would not affect reindeer husbandry as strongly. But the reindeer owners were not involved in the design of the project, she says. Fosen Vind points out that they reached an agreement with Sør-Fosen site on compensation and mitigating measures for the construction period. – Fosen Vind had confidence that an agreement would be reached on measures and compensation also for the operational phase. The judgment in the Supreme Court shows that too little consideration was given to the interests of reindeer husbandry in the licensing decision, says Fuglseth. Leader of the organization Cultural survival, Galina Angarova, together with Kate Finn who is the leader of First Peoples Worldwide, during the launch of FPIC in South Africa. Photo: Cultural survival Forty percent of Storheia is indirectly owned by Swiss companies. It also creates commitment among indigenous organizations in Europe. The Society for Threatened Peoples is headquartered in Germany. In an appeal, they especially ask the Swiss investors to take more responsibility for what happens at Fosen. Fears another human rights violation The Norwegian Institution for Human Rights (NIM) fears that the long time that has passed since the verdict will constitute a violation of a new UN convention. In a letter to the prime minister, NIM emphasizes that in the event of an ongoing human rights violation such as at Fosen, the state has a duty to repair. The violation must cease. State Secretary Sæther refers to the mediation process that is ongoing between the state, the developers and the reindeer owners. – I understand that NIM is concerned that the matter must be resolved as quickly as possible, and we completely agree with that. Marking in Oslo that two years have passed and nothing has changed in the mountains of Fosen. Photo: Håkon Mudiena / news NIM also asks that OED’s role in the case be assessed, to ensure that similar violations do not occur in the future. And to ensure learning and dialogue. – Now it is important for us to use all resources to solve the case, so I am sure that both we in the OED and other parties will learn from this case, says Sæther. She emphasized that consideration of reindeer husbandry is important in the licensing process for new wind power projects. – The world needs more renewable energy if we are to solve the climate crisis. It creates dilemmas, but it should not come at the expense of indigenous people’s rights or other human rights, says Fuglseth. During the two-year celebration in Oslo, it became known that the northern group of reindeer-herding Sámi on Fosen is considering withdrawing from the mediations.
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International indigenous peoples’ organization demands that Norway follow up the Fosen judgment – news Trøndelag – Local news, TV and radio
