Open letter to Oil and Energy Minister Terje Aasland: The Norwegian Church views with concern the lack of follow-up of the unanimous verdict from the Supreme Court in grand chamber, 11 October 2021 in the Fosen case. There it is established that the concessions for the construction of wind power plants at Fosen constitute a breach of international human rights. As a church, we see it as important to work for reconciliation, especially for people who are exposed to offences. As we see it, the ongoing violation of human rights, on the other hand, constitutes an obstacle to reconciliation. Norway is a state governed by the rule of law, which profiles itself internationally as a champion of human rights, often based on Christian values. The judgment in the Supreme Court, however, states that the Norwegian state has violated its obligations under international law towards the Sami. The violation consists in the fact that Norway’s Directorate of Water Resources and Energy (NVE) and the Ministry of Oil and Energy (OED) have granted a license to the company Fosen Vind DA, in which Statkraft is the majority owner, for the construction of two wind power plants at Fosen. The Supreme Court finds that these have been illegally set up on the reindeer grazing areas of two reindeer herding sámi, SørFosen sijte and Nord-Fosen sijte, and that the rights of the reindeer herding sámi have thus been violated. The wind turbines are in violation of Article 27 of the UN Convention on Civil and Political Rights (SP), a convention that Norway has incorporated into the Human Rights Act. The Church of Norway refers to the assessment that the Norwegian Institution for Human Rights (NIM) has made in the case, where they point out that this is an ongoing violation of human rights. NIM points out in its letter to the Ministry of Oil and Energy, dated 1 April 2022, that the fact that the Supreme Court judgment describes effects over time cannot be interpreted as potential future human rights violations. On the contrary, the Supreme Court judgment describes an ongoing violation of SP Article 27. History shows that the asymmetric power relationship between the state of Norway and the Sami population has also led to abuse and blind spots. From other parts of the world, we have seen how action-oriented solutions, rooted in the active participation and traditions of the indigenous people, give good results, especially when these are followed up with action. The inherited attitude that there is no reason to trust governments is changing to trust. The government has a special responsibility for building such trust. Therefore, it should use the ongoing consultations with Sør-Fosen sijte and Nord-Fosen sijte to ensure a quick follow-up of the judgment through effective measures that will repair the ongoing violation. History also shows us that reconciliation requires more than the coming of the truth one day; It requires justice, that action be taken to correct the injustice that has been committed. Historical justice in this context is not least about the state resisting the temptation to interpret and exploit nuances in the judgment to the disadvantage of the reindeer owners. Interpretations and nuances in favor of the Sami’s rights and historical justice are the right way to go. It will also strengthen the rule of law if the state follows up judgments where they themselves are a losing party in an unequivocal way. Practicing justice creates more conflict, acting strengthens reconciliation. Therefore, the Supreme Court judgment must be followed up immediately, so that the ongoing violations are stopped. Norway has everything to gain from that.
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The Supreme Court judgment in the Fosen case must be respected – Statement
