The government wants to keep wind power and reindeer herding on Fosen, even though the Supreme Court has said that it is illegal – news Trøndelag

Last autumn, the Supreme Court ruled the wind power concession at Fosen invalid. They determined that the facility violates Sami human rights. The Sámi Parliament has therefore asked the state several times to stop operations. Now the government has sent a letter to the Sámi Parliament in which they explain that they have a goal of keeping both wind power and the reindeer herding at Fosen, Klassekampen writes. – The judgment does not say anything about what will happen to the wind farm, says State Secretary in the Ministry of Oil and Energy (OED) Elisabeth Sæther (Ap), to news. Does not rule out demolition OED must now find out how they can ensure that human rights are maintained at Fosen. It is too early to say which measures are involved, according to the state secretary. But the measures must, among other things, ensure that the wind power plant does not destroy the reindeer’s winter pastures, as the judgment states that it does. In a proposal sent to the Ministry of Petroleum and Energy in June, the wind power companies Fosen Vind and Roan Vind propose, among other things, to provide access to other grazing land and winter fodder in crisis years. The reindeer herders at Fosen have previously said that these solutions are out of date. – We cannot rule out that some mills at Fosen will have to be demolished. It is something the process must be allowed to take its course and to which we must eventually return, says Sæther. Can’t be operated side by side Inge Even Danielsen is leader of the Norwegian Reindriftsamers Landsforbund (NRL). He says they have been crystal clear all along that they want the wind turbines demolished, and are responding to the government’s goals. – In my view, the case is starting to look like a farce, because you have a judgment in the Supreme Court that says that the decision is invalid, and that it is a violation of international law. Ergo, there must be a violation of international law at Fosen every day the turbines are in operation, says Danielsen. Inge Even Danielsen says that if reindeer herding on Fosen is to have any future, then the wind turbines must be removed and nature must be returned to what it was originally. Photo: Dan Robert Larsen / news He records that the Ministry of Petroleum and Energy believes that reindeer herding and wind turbines can live side by side, but believes that what has happened at Fosen testifies to something else. According to him, the two wind power plants at Storheia and in Roan have had a major negative effect on reindeer husbandry. – This thing about thinking that you can live happily side by side is just nonsense. NRL believes that the wind power plants have affected the reindeer herding by the reindeer withdrawing from the areas. They have observed around many wind power plants that reindeer stay 7–8 kilometers away from the outer edges of the plants. This is also the case at Fosen, they say. Danielsen believes that it is money power that rules. – I think it is, in many ways, badly done. It shows little or no respect for the Sami reindeer herding at Fosen, he says. – Neglect of what the country’s highest court has said Torbjørn Lindseth in Motvind Norge is not surprised by the government’s decision, and believes it has been up in the air. Still, he is shaken. – There are at least two things that strike me. Firstly, it is a direct circumvention and neglect of what the country’s highest court has said, he says and continues: – In addition, they completely disregard the ILO convention, which they themselves have signed. In other words, the rights of indigenous peoples. So this is a direct violation of human rights. Torbjørn Lindseth points out that when the government entered Fosen and was going to build the wind power, they knew that it was not right as it had been done. He believes that they have built knowingly, and therefore cannot escape responsibility. Photo: Ingrid Lindgaard Stranden / news When asked if the government believes they are circumventing the judgment from the Supreme Court, State Secretary Sæther replies as follows: – On the contrary, we are now following it up. It is quite obvious that a judgment from the Supreme Court must be followed up. That is our ministry’s responsibility to do. Lindseth believes that the wind power plant creates a disaster for the reindeer herding on Fosen, because they run out of pasture and there are thus no alternative places left. Thus, they have no place to do with their animals. – In the worst case, it could lead to the Ministry of Oil and Energy and the government now helping to kick bones under the traditional Southern Sami reindeer herding at Fosen. It should certainly be a wake-up call for everyone, says Lindseth. Weakening trust The Nature Conservation Association has always been against the development of these facilities at Fosen. Leader Truls Gulowsen is critical of the government’s aim to have both wind power and reindeer herding in the area. – The Supreme Court judgment has been very clear; that the wind turbines at Fosen represent an unacceptable violation of human rights vis-à-vis the rights of our Sami indigenous people, and then that judgment must be followed, not coached, he says. Truls Gulowsen points out that the Sami rights holders do not have the right to receive compensation for the loss of the grazing area, because that will prevent the practice of culture for future generations. It is protected by international law and Norwegian law. Photo: Marte Iren Noreng Trøen He believes that the government’s approach weakens trust in both the politicians and the principle of an independent court. – Starting a process where they have to look at everything again, after such a large legal process and after such a large assault, is completely unacceptable. People with us, both ordinary conservationists and Sami conservationists, are shocked, says Gulowsen. Now he hopes that Jonas Gahr Støre can come to the fore and ensure that his government follows the Supreme Court verdict, even when the government loses. – We depend on further follow-up of the Supreme Court judgment, which has stood the test of time. Then there is no way around having a thorough process, but it should not take longer than necessary. I understand that this has been, and still is, burdensome for the reindeer herding at Fosen, concludes Sæther.



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