The fight over the wind turbines has been long running.
In October 2021, the Sámi people secured a legal victory. Norway’s Supreme Court ruled that the wind farm permits were invalid because the turbines violated the protected cultural rights of Sámi people by infringing on reindeer grazing lands.
But nearly a year and half on, the turbines are still operating.
“But you cannot have a green shift that violates human rights or Indigenous rights,” said Jåma. “These constructions threaten our way of living and our way of engaging in our culture as reindeer herders.”
The reindeer plays a major role in Sami life and culture, and reindeer husbandry rights are protected by the Constitution of Norway, in international law and in national statutes.
The rights of use or ownership The Sami population's traditional use of territory for reindeer herding can indisputably constitute basis for property rights by way of immemorial usage («alders tids bruk»), either in the form of rights of use or ownership. Access to land is essential for the reindeer husbandry to be able to continue with the nomadic mode of operation. The Office of the High Comissioner of Human Rights The Expert Mechanism
Your ref Our ref 19/5481-4 Date 15 January 2020
Page 2 Through extensive case-law, the Supreme Court of Norway has held that the assessment of whether property rights have been established, must make due regard to Sami traditions and legal opinion, most recently in the Supreme Court's judgment of 28 September 2016 (HR2016-2030-A) and its plenary judgment of 9 March 2018 (HR-2018-456-P). This is also recognized in section 4 first paragraph of the 2007 Reindeer Husbandry Act. The Act, in section 4 third paragraph explicitly holds that compensation for expropriation of reindeer herding rights is awarded based on the same principles as other property rights (here rendered in office translation): «lnterferences in Sami reindeer herders' reindeer herding rights shall be compensated in accordance with general expropriation law».
On Wednesday morning, 10 people including Thunberg were removed by police from the entrance of the ministry of finance, according to a spokesperson for the Oslo police district.
You're still missing it.Except the conundrum is the aboriginal rights are enshrined in the constitution.
What's interesting is the way all three Nordic countries treat reindeer. They're treated the way Americans treat the bald eagle.
Dozens of protestors, including Thunberg, have blocked access to Norwegian government buildings in Oslo to protest against two windfarms built on Sámi reindeer grazing grounds.
On Wednesday morning, 10 people including Thunberg were removed by police from the entrance of the ministry of finance, according to a spokesperson for the Oslo police district.