– It is clear that the turbines must come down. The verdict in the Supreme Court is crystal clear, says Leif Arne Jåma. He is a reindeer husbandry at Fosen. Exactly one year ago, the unanimous verdict in the Supreme Court’s grand chamber came as a great shock to both Statkraft and the Ministry of Oil and Energy (OED). For several years, the reindeer herding Sami at Fosen had tried to stand up against the development. Despite the Sámi’s protest, the country’s largest wind farm at Storheia in Fosen was completed in 2019. They took legal action against the developer Fosen Vind, where Statkraft is the largest owner. Construction work started at Storheia in 2016, and 80 turbines were erected. The turbines were put into operation in 2019, and Storheia is the country’s largest facility for wind power. Photo: Ingrid Lindgaard Stranden / news The Sami believed that the establishment of the large wind power plants Storheia and Roan destroys important winter grazing areas for reindeer. The case ended up in the Supreme Court and the verdict was crushing. It determined that the development of the Roan and Storheia facilities on Fosen is a violation of human rights and the Sami’s right to cultural practice. The Supreme Court recognized the concession that OED had granted, as well as the permission for expropriation, to be invalid. Then there was silence. – Not a single piece of crap has been done to prevent this violation of international law. That’s what a frustrated Torbjørn Lindseth says. He is a board member of the group Motvind Norge. They are among those who fight the Sami’s battle against windmills. Together with other actors, they have organized a support event in the last week to focus on the one-year anniversary. Demonstrating for legal certainty The background for the Supreme Court judgment is, among other things, international obligations through Article 27 of the UN Convention on Civil and Political Rights. – First of all, the Supreme Court perceives this as such an important matter that it is being dealt with in a grand chamber. In addition, it was a unanimous verdict. That speaks for itself, and gives a very clear signal that human rights are strong in Norway, says Jåma. Already in 2018, the UN asked Norway to stop development on Storheia out of consideration for the rights of indigenous people. – By definition, what has been built up as grazing land for reindeer on Fosen has been lost because the state of Norway has defied all rights, says Lindset. On Tuesday, there is a large commemoration at Eidsvolls place in front of the Storting. Motvind Norge and the rest of the supporters are there to mark their dissatisfaction with what has happened, or rather, not happened, in the past year. On Sunday evening there was a similar event in Trondheim. Among others, the Sami artist Mari Boine participated here. She says she didn’t need long to decide to run. – I want to make people aware of what is going on here. I would like to ask that question to Norway and the government. Is this a rule of law worthy? Mari Boine held a concert during the support marking in Trondheim on Sunday evening. Photo: Morten Andersen / news Boine thinks it’s nice to use his name to draw attention to the case. Three years ago the UN asked Norway to stop development – unclear what happens with the wind power issue Wants both parts The government said this summer that their aim is to work for a solution where both wind power and reindeer husbandry can be kept in the area. – The judgment does not say anything about what will happen to the wind farm, State Secretary Elisabeth Sæther (Ap) told news at the time. The reindeer herding Sami believe it is impossible. – We are very impatient, says Inge Danielsen. He is a leader in the Norwegian Reindriftsamers Landsforbund (NRL) and also a board member of Motvind Norge. – In our view, the wind turbines should be demolished and the areas should be revegetated, he says and continues: – We think it is time for the Government and the Storting to start respecting international law when it comes to the Sami as an indigenous people in Norway. The Ministry of Oil and Energy: – Have some time – The judiciary is clear that human rights are strong in Norway, but the authorities are currently unable to take it in, says Jåma. The Ministry of Petroleum and Energy writes, among other things, the following in a reply to news: “As the courts assume that the wind power plants on Fosen will only in the long term threaten reindeer herding and the Sami’s right to cultural practice, the state believes that it has some time to implement it the administrative follow-up of the judgment. The reindeer herders have so far not reported a need for temporary measures or compensation. The further work therefore aims to secure a thorough knowledge base that can facilitate lasting solutions that stand up.” State Secretary Elisabeth Sæther (Ap) writes that the ministry has sent a draft study program to the reindeer herding, and that the aim is to secure a solution where the operation of wind power plants can be maintained while the reindeer herding’s rights are safeguarded. The National Association of Norwegian Reindrift Samers says they have been crystal clear all along that they want the wind turbines to be demolished, and are responding to the government’s goals. Either above or below the threshold The Act interpreted by the Supreme Court in question is called the “Human Rights Act”. Article 27 of this Act is a so-called “threshold provision”. Either you are above the level of infringement, or you are below. If one is over the threshold, then the provision generally does not allow for weighing considerations against each other. For Fosen’s part, it is now about Norway having to get to a point where there is no infringement. The case is also being considered by CERD, the UN’s racial discrimination body. In the wake of the judgment, it has been advocated that Sami law should become compulsory in law education. There are now a number of measures that Norway can take to avoid ending up in the same situation again. Parts of the Sámi Parliament, the Nature Conservation Association, Nature and Youth and politicians on an inspection of Storheia September 2022 Photo: Ingrid Lindgaard Stranden / news Two oil platforms can get power from controversial wind power plants: – Unethical, says the environmental movement
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Leif Arne Jåma won in the Supreme Court, one year later the turbines are still standing in the Fosen mountains – news Trøndelag
