The judgment from the Norwegian Foreign Affairs Court was announced today. It means that the local population in Karasjok will become one of Norway’s largest landowners. The judgment is based on indigenous rights, which oblige Norway to identify the areas that have traditionally been used by the Sami. There have been several legal cases about rights in Finnmark, all the way up to the Supreme Court, but this was the first to deal with a large Sami core area. The verdict will have great significance for other areas in the county, especially Kautokeino and parts of Tana. In both municipalities there have already been demands for collective ownership for the local population. Read the full judgment here: The Outland Court’s decision on Karasjok Gravde in history The trial lasted three weeks in January. The lawyers went deep and detailed into history to find out who had used the resources in Karasjok and ruled over them. The long trial also had extensive preparations. The legal costs of the parties alone amount to NOK 14.48 million. The state covers everything. The land in the vast majority of Karasjok was transferred from Statskog to the finnmarkingen’s own land ownership company Finnmarkseiendommen (FeFo) in 2006. But local groups could still claim property rights to their nearby areas. It has happened in several places. 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. In Karasjok, there were several demands for smaller areas, also from people on the Finnish side of the border, while two different groups claimed practically the entire municipality: One group claimed that the area within the municipality border belonged to the inhabitants who belonged to the Sami culture. How this Sami affiliation was to be clarified or documented was not revealed in the trial. The other group, led by Karasjok municipality and the Karasjok Sami association, believed that the local population should jointly own the area. FeFo director Jan Olli and his lawyers Rune Mykeltvedt and Frode Andersen Innjord during the trial in Karasjok. Photo: Stian Strøm / news This group won the first round, when the rights were investigated by the Finnmark Commission. It concluded that all inhabitants, whether they were Sami or recently moved in, were the rightful owners. Now, therefore, the Utmarksstollen has granted them the upper hand. Hunter and fish against People in Karasjok have, among other things, wanted control over hunting and fishing. As landowners, they can decide for themselves who will utilize the resources. Then they can ensure that the municipality’s own residents get a larger share of the cake, at the expense of visitors. At the same time, the karasjokværingen have rights to use nature throughout the rest of the county. They are guaranteed that through the Finnmark Act. The victory in this court case gives them in a bag and sack: Exclusive rights at home and rights in the other municipalities. At the same time, people from Karasjok have already demanded rights in the neighboring municipalities. The Norwegian Hunters’ and Fishermen’s Association has been among those who believed the solution was unreasonable, and has sided with FeFo during the trial. Linda Heitmann is the leader of NJFF Finnmark. – Unfortunately, we have to state that it did not go the way we wanted, she says. – We work to ensure the general public in Finnmark has access to the outdoor resources, and we work closely with the Norwegian Hunters and Fishermen’s Association on this matter. FeFo, which thus lost the case, will read the judgment before making any comments. But it is expected that such an important case will go all the way to the Supreme Court. The residents will own most of Karasjok. Private properties make up a tiny part, visible as a red stripe. Illustration: The Finnmark Commission Skeptical reindeer owners The dispute over Karasjok has been portrayed as a Sami struggle against old state colonial rule. But Sami forces have not at all been united on the demand. Among other things, a group of reindeer owners has protested against local ownership. The group has winter pastures in Karasjok and summer pastures in Nordkapp, and believes that the mountain areas are primarily the area of migrants, not the permanent residents of the municipality. Finnmarkseiendommen (FeFo) is the finnmarkingen’s own land ownership group. It is led by a board with members elected by the Sami Parliament and the County Council.
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The locals own Karasjok – news Troms and Finnmark
