– It is a historic case for the Sami, says lawyer Andreas Brønner. He represents the group that has the most extreme claim in the court case: Karasjok must be owned by the inhabitants, but only by those who are of Sami descent. The entire municipality of Karasjok is today jointly owned by Finnmark’s residents through the company Finnmarkseiendommen (FeFo). FeFo is being sued by two different groups. One is led by Karasjok municipality and represents all residents. The other group puts forward the claim on behalf of only the Sami. See the fact box for the background on rights in Finnmark: The right to land in Finnmark Statskog was the land owner in Finnmark for a long time. The work of the Sami Committee resulted in the Finnmark Act – so that the Finnmarkings themselves took over the land through the company Finnmarkseiendommen (FeFo) in 2005. In addition, the historical use of the entire county was to be examined. On the basis of that, one had to find out who had acquired right of use and ownership, whether it was Sami or others. This job is done by the Finnmark Commission. Their decisions may mean that FeFo does not own the land after all. The cases can be appealed to the Utmarksdomstolen and possibly further to the Supreme Court. Two cases (about Nesseby and Stjernøya) have already been before the Supreme Court. Despite the historic buzz: When the trial started on Monday, there were only a handful of people in the audience apart from the parties and the press. Alfhild Beate Vuolab wants local people to own their local areas, but does not think they will be successful in court. Photo: Samuel Frode Grønmo / news Wants to have first right to moose and grouse Alfhild Beate Vuolab (20) is a student at Sami high school Karasjok. – I of course want Karasjok municipality and the population to manage our areas themselves. But I want to be completely honest and say that I don’t think that will happen, she says. She believes that the local people can better manage nature and, for example, limit fishing if a stock becomes too small. They could also have control of the hunt to ensure that the citizens get their share of the pie. – We of course welcome other hunters to Karasjok. But now we are experiencing that many hunters are coming from other places. This means that the local population may be left out, says Vuolab. The demand for local ownership is nevertheless disputed, and several reindeer herders have previously protested against the scheme. People in Karasjok today have rights to harvest from nature in the other Finnmark municipalities. These are rights that are secured in the Finnmark Act, and which they will not lose even if they were to obtain property rights in their home municipality. This way they can get in bags and sacks. Loss in the Supreme Court There have already been a number of court cases about other areas in Finnmark. Lawyer Brønner has himself taken one of the Sami demands to the Supreme Court – where he lost. But it is now that it really begins, he says. Lawyer Andreas Brønner has previously been in the Supreme Court with Sami rights claims. He can get there again. Photo: Erik Lieungh – This will really be a test of the legal mapping in Finnmark. It is the first case before the Utmarksdomstolen where the Sami core areas are looked at, says Brønner. – Now you really get to test whether the mapping meets the international indigenous rules that it is intended to meet. Jan Olli is director of FeFo, and completely agrees with Brønner that the Karasjok case can set a pattern for local landowners in several places. – There is no doubt that this will have a major impact on how Finnmark will look in the future, says Olli. – If the conclusion remains, it is likely that at least Kautokeino and parts of Tana will also get the same. Disagreement about history It is the historical use and management of the area that determines who has accrued rights. – Karasjok has been a Sami area from a very long time ago. It is the Sámi who have been responsible for an all-encompassing use of the range resources throughout the ages, says Brønner. According to international rules on indigenous peoples, they must therefore have their property rights recognized. But Karasjok has also been characterized by Finnish immigration. Brønner believes it does not change the big picture. – The Kven population at that time eventually became assimilated and became part of the Sami population, he says. FeFo director Jan Olli says the decision on property rights in Karasjok will set a pattern for other Sami core areas, in any case Kautokeino and parts of Tana. Photo: Stian Strøm / news FeFo director Jan Olli, on the other hand, believes that the wrong historical starting point has been used in the case. There are more than the local population who have used the area since the 18th century, he says. Furthermore, he believes that it will be wrong to set the boundaries for the area where the municipal boundary runs today. – We believe there is no legal basis for claiming that the local population has acted as if they owned the area, says Olli. The Sami against the rest Attorney Brønner says that very concrete plans have not yet been made for how a possible new landowner will organize himself. He believes there will be no problem, nor to find out who satisfies the requirement to be of Sami origin. – You know who belongs to the Sami population and who does not. – What is the criterion? Is membership in the Sámi Parliament’s electorate or is there some other way to distinguish? – Exactly how to handle it is not the subject of the case. It is probably our view that they belong to the Sami right to self-determination to decide exactly how to handle it – after the property issue has been clarified. Karasjok municipality is 5453 square kilometers. Who actually owns the area will be discussed in court for three whole weeks. Photo: Naima Khan Nergård / news Probably going to the Supreme Court FeFo director Olli tells of three packed weeks in court. Large amounts of local history and law must be scrutinized to the smallest detail. This means that the preparations have been extensive. FeFo expects legal expenses of up to 3 million, possibly more. In several previous court cases, the other party has been approved for higher costs than FeFo. Olli imagines that this case too could end up in the Supreme Court. – Of course, it depends on what the judgment will be, how clear and clear it is and whether the parties agree on it. But I would like to believe that in a case of such great importance beyond Karasjok itself, it is natural that it will ultimately be dealt with in the Supreme Court.
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– The first major test for Sami rights – news Troms and Finnmark
