Article
The state ignores Sámi Parliament's demand to stop wind farms at Fosen: Wants both wind and reindeer
Klassekampen|Wild Gjerde Lied|Jul 22, 2022
The Supreme Court judgment is clear on one thing: the license granted to operate the wind farms is invalid. The consequences of this for the further operation, the judgment is less clear. The state and the Sami Parliament interpret it in their own way. - Article 27 is a threshold decision which states that one shall not be hindered in the right to exercise one's culture. ...The Sámi Parliament believes that there are no mitigation measures that are good enough for reindeer husbandry and wind power to live side by side.
The Supreme Court judgment is clear on one thing: the license granted to operate the wind farms is invalid. The consequences of this for the further operation, the judgment is less clear. The state and the Sami Parliament interpret it in their own way. - Article 27 is a threshold decision which states that one shall not be hindered in the right to exercise one's culture. ...The Sámi Parliament believes that there are no mitigation measures that are good enough for reindeer husbandry and wind power to live side by side.
The Ministry of Petroleum and Energy does not want to stop the wind industry in the area just yet, despite the Supreme Court ruling from last year.
THE FOSEN CASE (SUMMARY):
- On 11 October 2021, the Supreme Court ruled that the wind farms Roan and Storheia on Fosen violate the human rights of the reindeer herders (those who own or manage reindeer) in the area, and that the decision is therefore invalid.
- Subsequently, the state has done nothing to adapt to the judgment. The Sámi Parliament demands that operations be stopped until further notice.
- The state will first carry out an impact analysis to see if it is possible to continue with wind power production.
- Such a solution can take several years.
RETTAR: The goal of new investigations …
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The Ministry of Petroleum and Energy does not want to stop the wind industry in the area just yet, despite the Supreme Court ruling from last year.
THE FOSEN CASE (SUMMARY):
- On 11 October 2021, the Supreme Court ruled that the wind farms Roan and Storheia on Fosen violate the human rights of the reindeer herders (those who own or manage reindeer) in the area, and that the decision is therefore invalid.
- Subsequently, the state has done nothing to adapt to the judgment. The Sámi Parliament demands that operations be stopped until further notice.
- The state will first carry out an impact analysis to see if it is possible to continue with wind power production.
- Such a solution can take several years.
RETTAR: The goal of new investigations at Fosen is to retain both reindeer husbandry and wind power, says State Secretary Elisabeth Sæther (Ap).
Can the wind turbines at Fosen remain standing without violating Sami human rights?
Last autumn, the Supreme Court ruled that the wind power decision at Fosen was invalid for that very reason. As Klassekampen wrote about in June, the Sami Parliament has asked the state several times to stop the operation of the wind farms and put the sentence into effect.
In a letter to the Sámi Parliament on 25 June, the Ministry of Oil and Energy explains the basis they have for initiating new impact assessments.
- It is our goal that we find solutions for reindeer husbandry, and that we can have wind power in the area, says State Secretary in the Ministry of Oil and Energy Elisabeth Sæther (Ap) to Klassekampen.
The Sámi Parliament, however, has not changed its view on the matter.
- The government breaks the law every day knowingly and willingly, says Acting Sámi Parliament President Hans Ole Eira (Sp) and continues:
- They have done that every day since the verdict came in October.
Disagree about the interpretation
The Supreme Court judgment is clear on one thing: the license granted to operate the wind farms is invalid. The consequences of this for the further operation, the judgment is less clear. The state and the Sami Parliament interpret it in their own way.
- Article 27 is a threshold decision which states that one shall not be hindered in the right to exercise one's culture. If we find mitigating measures that mean we are within the threshold, the goal is to have wind power and reindeer herding on Fosen, says State Secretary Sæther.
The judgment states that the wind farm destroys the reindeer's winter pastures.
That is what the mitigating measures must ensure.
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.
The Sámi Parliament believes that there are no mitigation measures that are good enough for reindeer husbandry and wind power to live side by side.
- I don't think it will be possible to come to a solution that does not violate the right of the reindeer husbandry Sami to exercise their culture, without taking down the turbines and returning the area to grazing for reindeer and other animals, says Eira.
Can take a long time
The Sámi Parliament fears that the processes the state has started will take many years, while the wind turbines last and run.
- It will probably take a while since the ministry has followed the track they are in now. I hope we get an answer as soon as possible and during 2022, says Eira.
Nevertheless, he is certain that the impact assessment will not lead.
- I'm not a lawyer, but I can think clearly. I cannot imagine that someone can come up with a different answer in a new impact assessment.
The Supreme Court judgment rejected that winter feeding for the reindeer was a good enough alternative for those who lost their pastures. State Secretary Sæther therefore believes it is important to look at other solutions for operations.
- The Ministry of Petroleum and Energy must have good and thorough processes, and we are working on that. We have to find solutions that stand up in retrospect. The Supreme Court has set invalidity as the basis, but they have not decided what should happen to the wind farm, she says.
Emphasize the needs of reindeer husbandry
In the letter to the Sámi Parliament, the ministry writes that they will place great emphasis on finding solutions that the reindeer herders themselves believe are sound.
- I would say that the solutions we find must be good solutions that will stand up for posterity. It is burdensome for reindeer husbandry to be involved in this process, which has gone on for many years. It is regrettable that we have to go through yet another process, says Sæther.
Sami Parliament President Eira believes they must start by stopping the wind turbines.
- What if it had been opposed, that the reindeer owners had applied for and set up buildings illegally, spent a lot of money on it and were subsequently convicted of illegal construction by the Supreme Court? Would one then have been able to review a Supreme Court judgment and continue with the operation? No, is the simple answer to that.