In 2015, Jovsset Ánte Sara was required to reduce its reindeer herd from approximately 350 to 75 animals. Sara did not accept that and went to court, because he believed that it is not possible to operate with such a low number of reindeer. As a 25-year-old, Jovsset Ánte Sara had won against the state in two courts, before he lost in the third round in the Supreme Court. Sara sent her case for consideration by the UN Human Rights Committee. Now he has finally received the answer, which he has been waiting for for six years. – It was a very good feeling. Sara’s lawyer, Trond Biti, thought that the case had been put in a file drawer, and was thus very surprised when they received the statement. – The statement supported what the District Court, the Court of Appeal and I have believed to be right. It was a very good feeling, says Biti. Trond Biti believes that something positive will come out of this. Photo: Sidsel Vik / news – Now it is up to the ministry to find out about this matter further, but I believe that something positive will come out of this. Hope it strengthens self-determination When the case was ongoing, Sara belonged to the Fála reindeer herding district, but while they have been waiting for a response from the UN, Sara’s situation has changed. Today, Sara no longer has a herd share, but has reindeer under her mother in the reindeer herding district Seainnus/Navggastat Jalgon. He has transferred the Siida share he had in Fála to his brother. – It hurts that they forcibly reduced my herd, before the UN made its statement. It had major consequences for me, says Jovsset Ánte. – This is what I have always claimed, that the case has been handled incorrectly. Jovsset Ánte Sara in the Supreme Court in December 2017. Photo: Frode Grønmo / news He thinks the process was difficult and long. – I expect the case to strengthen the Sami’s self-determination in the future. And I hope that it strengthens legal certainty for those who are in the same situation as I was in. He expects the state to rectify the mistake. – The UN asks Norway to correct the mistakes that have been made. I hope and expect that they follow it up. If they do not follow it, it is a disaster for all Sami. Then the whole of Article 27 is of no use. Lawyer Biti says that they must consider whether to bring the case to the readmission commission. – The question is whether it is possible, is he in a position to do it, or is it his brother who has to do it? The Jovsset Ánte Sara case Photo: LIv Inger Somby / news Reindeer driver Jovsset Ánte Sara (25) from Kautokeino has summer grazing on Kvaløya (Northern Sami: Fála) in Hammerfest municipality. He has his winter pastures in the area of Bávttajohka, six miles southeast of Kautokeino settlement. Sara refused to comply with the Ministry of Agriculture and Food’s demand to reduce her reindeer herd to 75 animals. However, he chose to try the case before the Indre-Finnmark District Court. Jovsset Ánte Sara won over the state when the case was heard in the district court, but the state appealed to the Hålogaland Court of Appeal. The judgment from the Court of Appeal was handed down on 17 March 2017. After the state again appealed, the case went to the Supreme Court on 5 and 6 December. The Supreme Court ruled in the state’s favor on 21 December 2017. Thus, Sara must comply with the ministry’s demands. Sara’s lawyer Trond Pedersen Biti says they will try to get the case up to the European Court of Human Rights. Sara sent the case to the UN Committee on Human Rights. The state was not willing to wait for an answer. Sara refused to reduce the herd, and now sits with a compulsory fine of NOK 600,000. In September, Sara entered into an internal agreement to tag the reindeer to someone close to him so that he keeps 75 reindeer. Should have shielded the smallest units The UN Human Rights Committee believes that Sara’s rights under Article 27 of the International Convention on Civil and Political Rights (SP) have been violated. The main question that the committee decided on is whether Sara is denied the right to her culture, by the fact that he can no longer engage in reindeer herding. – The committee asks three questions about the decision to reduce Sara’s herd: Is it reasonable, is it necessary and does it protect all reindeer herding Sami. That’s what Professor of Jurisprudence at Østfold University College, Hadi Strømmen Lile, says. Hadi Strømmen Lile believes that Sara must be compensated for the losses he has suffered and that it must be ensured that this does not happen again. Photo: Private – The committee believes that the decision that Sara had to reduce the herd in the same way as the others was intended to protect all reindeer herders, but that it is not necessary and that it is not reasonable. They believe this because the Sami Parliament, the Norwegian Reindrift Samers Landsforbund (NRL) and the reindeer herding law committee had a completely different opinion. In 2001, the reindeer husbandry law committee proposed that the smallest units, with less than 200 reindeer, should be protected. – That is the main rationale of the committee, they believe that the government cannot overrule the reindeer husbandry law committee, the Sami Parliament and the NRL, who are the reindeer husbandry Sami’s own representatives. – When Sara has to reduce her herd so much, the committee believes that it is not viable. Then he is denied the right to his culture. You can read the full statement to the Human Rights Committee here. Gives Norway 180 days The UN asks Norway to inform within 180 days how the violation has been brought to an end. – Now the state must compensate Sara for the losses he has suffered and it must be ensured that this does not happen again. – Does the state have to follow this order? – Technically and legally, one can perhaps argue for no, but in practice it will be very difficult for Norway not to follow this recommendation. Norway has recognized the committee’s competence to assess whether there has been a breach of the convention. Jovsset Ánte no longer has herd share, but has reindeer under her mother’s share. Photo: Edmund J Grønmo / news Norway will not be thrown out of the UN if you do not choose to follow a decision from the Human Rights Committee. – Norway as a state is a very small state. We depend on having a good relationship with other states, both for our security, trade and for our economy. And Norway’s security is entirely dependent on a good relationship with other states. The deadline of 180 days began to run from 19 July 2024. Must take time to settle on the statement The Human Rights Committee asked Norway at the time to wait until they had dealt with the case, but the state was then unwilling to wait for an answer. The Ministry of Agriculture and Food did not have the opportunity to give an interview on Friday, but wrote to news on Thursday that they have registered the decision from the Human Rights Committee. – We will now have to spend some time familiarizing ourselves with the committee’s statement, and see what consequences this will have for the case. Hello! Do you have thoughts about the case you just read or do you have tips for other cases we should talk about? Send me an e-mail. You can find more about what happens in Sápmi on the website of news Sápmi. Published 23.08.2024, at 20.07
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The UN Human Rights Committee believes that Norway violates Jovsset Ante Sara’s human rights – news Sápmi
