Norway: Govt. and Sámi reach agreement to end the 3-year dispute over wind farm after Supreme Court ruling it violates their rights; incl. company responses
On 11 October 2021, the Supreme Court of Norway ruled that Norway violated the rights of the Sámi people by permitting the construction of wind farms in Fovsen Njaarke, the Storheia wind farm and the Roan wind farm.
At the time of the ruling, the wind turbines had already been put into operation. The Norwegian Government had previously granted the licence and the operators had built the wind power plant, although the UN Committee on the Elimination of Racial Discrimination had urged them to stop construction in 2018 and the Saami council had warned that the of the power plant would have detrimental effects on the Sami reindeer herding communities. The reindeer herders argued the sight and sound of wind turbines frighten animals grazing nearby and thus jeopardise age-old traditions, and that land should not be expropriated for such projects.
In the unanimous decision, the court argued that making it impossible or extremely difficult for the Sámi to live their traditional life as reindeer herders is a violation of the International Covenant on Civil and Political Rights, Article 27 of which stipulates comprehensive protection of the culture of ethnic, religious or linguistic minorities. The violation could also not be justified with reference to the green energy transition: Wind turbines should be built where they do not violate the rights of indigenous peoples. Thus, the license decisions were found to be invalid. The court did not say what should happen next to the farms and the owners are still operating them.
“The Sámi people are not the ones who have contributed the most to climate change, but we seem to be the ones who have to carry its greatest burden. That’s not climate justice, that’s climate injustice.”Gunn-Britt Retter, Head of the Arctic and Environmental Unit at the Saami Council
Sámi activists and climate activists have continued to protest against the wind turbines. In February 2023, they blocked the entrances to Norway's energy ministry and in May 2023, 600 days after the courts decision, activists held protests in Oslo.
Roan Vind stated that they trusted that the ministry will find good solutions allowing them to continue the production of renewable energy while maintaining the rights of the reindeer owners. Fosen Vind stated that "the ministry is working on which precautionary measures are needed to sustain reindeer herding and its cultural practice."
We invited the owners of the wind farms to respond to an article reporting on the protests. Aneo, BKW, Energy Infrastructure Partners, Stadtwerke München and Statkraft responded. Their statements can be found below.
On 21 December 2023, Norway and the Sámi people reached a partial agreement covering the reindeer herders south of the Fosen wind farm.
On 7 March 2024, it was announced that an agreement was reached to end the 3-year dispute over the wind farm. Under the agreement, the wind farm will remain in operation but includes provisions to protect the indigenous culture. The settlement incorporates an allocation of the energy produced by the wind farm for local purposes, a new area for reindeer winter grazing and a grant of 5 million kroner ($473,000) to strengthen Sámi culture.