Thank you, Mr. Chair,
Good morning to you all. You have traveled far, as I also have, to share our challenges and to find common ground for addressing our situation to States with hope and faith that our voices will be heard and that necessary changes will happen. I want to take this opportunity to thank Anne Nuorgam from the heart for her work as chair for permanent forum. We are proud of the way you have represented us.
On behalf of the Sámi Parliament in Norway, I thank the members of the Permanent Forum for the invitation to be here to speak on this important theme and with a special focus on the Fosen-case. And before I start, I must also comment that this one case is not the only one. We face a considerable amount of similar cases where extractive industries and power production are a threat to our future as Indigenous Peoples of the Arctic, the green shift is taking form as green colonization for us.
Today, like other Indigenous Peoples, the Sámi people experience a growing pressure from new industry on our lands and territories. We experience that there is still a long way to go for governments, businesses and industries when it comes to respecting Indigenous Peoples’ rights to existence, our human rights and our right to exercise self-determination.
Further, several international bodies have expressed their concern at the lack of implementation of the fundamental rights and freedoms of the Sámi people in the last years. The Sámi people’s lack of influence in decision-making processes concerning exploration of natural resources are one example of their concern.
I have been asked to tell you about the human rights situation in the Fosen-case, on the Norwegian side of my homeland, Sápmi.
The Fosen-case is about Roan and Storheia wind power projects, one of the largest wind industrial facilities in northern part of Europe. The wind power plants are established in the recognized Sámi reindeer grazing area, without the free, prior, and informed consent from the affected Sámi reindeer herders, and without consent from their representative institution, the Sami Parliament in Norway. The Sámi reindeer herders affected by the wind power plants are Nord-Fosen siida and Sør-Fosen sijte.
The construction of the two wind power plants started in 2016, and during 2019 the 151 wind turbines started to produce electricity. The planning area for the wind farms are around 64 square kilometres, and there are built about 132 km with new roads between all these wind turbines, and in addition electrical substations and overhead power lines in connection.
The owner of the windfarms are the two companis, Fosen Vind and Roan Vind. The Fosen Vind is a joint venture company where the state-owned company, Statkraft, is the majority shareholder (52.1%). The majority shareholder of the Roan Vind DA is TrønderEnergi (51 %), who is a public enterprise owned by 19 municipalities in the Trøndelag County, and the KLP, Norway's largest pension company.
The Fosen-case was brought up to the courts in Norway by the affected Sámi reindeer herders. The case moved through the court system, all the way. The Norwegian Supreme Court’s Grand Chamber came with their unanimous judgment dated 11th of October 2021. The case concerns the validity of decisions on licensing and expropriation for the Roan and Storheia wind power projects.
The conclusion in the judgment is that the licenses issued by the Ministry of Petroleum and Energy in Norway are ruled invalid as the construction violates Sámi reindeer herders' right to enjoy their own culture, according to the International Covenant on Civil and Political Rights article 27. The same apply to the expropriation of the affected reindeer herders' property rights. The expropriation appraisal is ruled invalid. The Sør-Fosen sijte and Nord-Fosen siida won the case.
However, the windfarms continue its power production although the ruling from the Supreme Court says they do not have the right to use the area. After 6 months, the Norwegian Government has not acted to make sure that the ongoing violation of the human rights will end, and not told us how they will work to ensure that the affected Sámi reindeer herders can enjoy their own culture in this area for the future.
The Sámi Parliament has asked the Fosen Vind and Roan Vind, as well as the owners of these companies, to comply with both Norwegian law and human rights, and at the same time respect their own company ethics standards. So far, without results.
I am asking for justice, the two windfarms must be demolished as soon as possible, and it is a need for restoration of ecology in that area. The Norwegian legislation must change, it should not allow constructions like this before the validity of the permit is legally clarified. It is about the principle of a state governed by the rule of law where Supreme Court rulings must be respected.
Finally, Mr. Chair,
The lesson from the Fosen-Case is the need to obtain the free, prior, and informed consent from the indigenous peoples concerned, before implementing measures that may affect them. If not, we all will lose. The indigenous peoples, the companies, and the states.
In a situation where all of humanity faces the challenges from global warming, lack of biological diversity, war and crisis we must admit that the rich part of the world have brought upon us – it is crucial that the world leaders take sincere steps in another direction than before. We cannot solve these challenges without radical changes in the policies exercised on these issues. I will therefore voice the call for action and more sustainable decisions on these matters where human rights and indigenous rights are fully respected and future generations are safeguarded. I truly believe that indigenous teachings, practices and ways of life is needed in those decision making processes.
The climate crisis, high energy prices and a demanding security policy situation, should not be an excuse to not to harmonize with human rights, and the rights of Indigenous Peoples. It should rather be the other way around.
Thank you for the attention!