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Norway ends dispute with Sámi people over construction of wind farm on indigenous land – JURIST

Norway announced Wednesday that it reached an agreement with the indigenous Sámi people after a three-year dispute over the construction of Europe’s largest onshore wind farm. The dispute centred on the fact that the partially state-owned wind farm on the Fosen peninsula was built on land that the Sámi people have used for centuries to raise reindeer and thus contravened indigenous rights.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.Upon reaching an agreement, the Norwegian Minister of Energy stated:This has been a burdensome and difficult case, especially for the reindeer herding families in Fosen. I am glad that the parties have agreed on a future-oriented solution that safeguards the rights of reindeer herding. The agreement between the parties paves the way for new generations to also see the possibilities of continuing reindeer herding.In October 2021, the Supreme Court of Norway unanimously ruled that the wind farm’s construction violated indigenous rights. The court determined that Sámi reindeer herders have a right to enjoy their own culture under Article 27 of the United Nations’ International Covenant on Civil and Political Rights (ICCPR). As a result of the “significant adverse effect” on the Sámi right to practise reindeer herding, the court held that the wind farm was illegal unless substantial remedies were implemented. Following the Supreme Court ruling, the Sámi people have regularly protested against the wind farm’s continued operation. In January, Norwegian authorities criminally charged 20 Sámi activists and their supporters for blocking access to multiple government buildings. The Sámi people have come into conflict with other Scandinavian countries over violations of their indigenous rights. In 2019, the UN Human Rights Committee ruled that Finland violated the political rights of representatives to its Sámi Parliament by improperly amending the electoral roll. In 2009, the Swedish Sámi Association sued the Swedish government for allegedly violating the group’s ancestral hunting rights.