In October 2021, the The Supreme Court of Norway delivered its verdict in the Fosen case. The decision permitting wind power development on Fosen was declared invalid, as the development violated the rights of reindeer-herding Sámi.
Nevertheless, the verdict was not acted upon. Norway is a state governed by the rule of law where Supreme Court decisions are binding. How could this happen?
"The peculiarity of the Fosen case is that the state only took action after prolonged protests," says Eli Skogerbø, professor at the Department of Media and Communication at the University of Oslo.
"I have spoken with lawyers who believe the only plausible explanation for the state's failure to follow up on the verdict is that it held all the power and resources, in contrast to the six reindeer-herding families' limited means."
That the state can lose in the Supreme Court and nevertheless delay implementation says something about the power imbalance, Skogerbø believes.
"The major interventions resulting from the extraction of resources for green energy lead many to place 'the green shift' in quotation marks. It is ironic that indigenous peoples and minorities, who have had the smallest climate footprint, are often those most exposed to the consequences, both of climate change itself and of climate measures."
Reindeer herding is a right
Skogerbø leads the research project GREENGROWTH, which examines how Sámi actors and interests have gained, and continue to gain, a voice in debates on "green industry", both historically and today.
"My project is not about speaking on behalf of the Sámi - they speak well for themselves. It is about analysing how land-use conflicts between reindeer-herding Sámi and wind power interests are addressed in the public sphere. We examine who gains access, and which power relations shape the debate," says Skogerbø.
Under the Reindeer Herding Act, the Sámi population has the right to practise reindeer herding based on custom and traditional use. Traditional use means that the Sámi have made use of the area over a long period of time.
Nevertheless, the rights the Sámi have are reduced to just another interest, on par with other commercial interests, in the public debate.
Knowledge gap about Sámi culture
In 2023, the Truth and Reconciliation Commission delivered its report (regjeringen.no). The commission was established to investigate the policy of Norwegianisation and the injustice committed against Sámi, Kven/Norwegian Finns, and Forest Finns.
Parliament subsequently apologised for the abuses inflicted through Norwegianisation policy and acknowledged its responsibility.
"The Commission pointed to a knowledge gap in the majority population about Sámi culture. The knowledge held by reindeer-herding Sámi is often treated as if it refelcts special interests rather than rights - something that is of little relevance compared to technical and economic calculations, and the need for jobs," says Skogerbø.
Communications agencies versus individuals
An example of this can be seen in the coverage of the Øyfjellet case, which has been ongoing for several years. Here, journalists in local media have openly admitted that they do not understand the arguments put forward by reindeer-herding Sámi.
"The wind farm has hired costly consultants to produce communications material and press releases that the newspapers can readily draw on. Meanwhile, the Sámi only represent themselves," says Skogerbø.
In cases like this, media coverage can reinforce an already skewed power relationship.
"Sámi media have high knowledge about the industry and do not need to explain basic conditions. They also cover internal disagreements within Sámi society. In non-Sámi media, there is less coverage and less insight," Skogerbø believes.
Heavy burden to defend oneself in court
In Norwegian national media, the coverage becomes more sensational and simplified. The conflict is tied to the visual and spectacular, such as the actions during the Fosen case.
The case receives great attention then and there, but the long-term, administrative struggle that reindeer-herding Sámi face is poorly covered.
Skogerbø points out that many ongoing cases do not receive attention.
"The constant burden a small group of people are subjected to, having to defend their rights repeatedly, is almost incomprehensible. A reindeer-herding family may face seven or eight legal disputes that they are obliged to oursue. 'We are reindeer herders, not lawyers,' several say."
Reindeer herding is not an industry
The knowledge that many are not willing to understand often concerns basic principles of reindeer behaviour and movement patterns.
In court cases and media coverage, reindeer herding is often reduced to a logistical challenge: could the reindeer not simply be transported by car, or managed through better planning? Such simplification ignores the fact that reindeer herding is not a form of industrial production.
Questions about winter pastures also frequently arise. Why should reindeer-herding Sámi care about pastures that have not been used for a long time?
"The answer is that an area needs to lie unused for 20 to 30 years before the reindeer moss returns. This is information that reindeer-herding Sámi must explain repeatedly in court. It is information that should be simple to understand," Skogerbø believes.
Green colonisation?
Historically, Sámi areas have been colonised through Norwegianisation policies and state control over land. Today, the interventions are carried out in the name of the climate. Some researchers use the term "green colonisation" to describe this development. This does not mean that Sámi actors are against climate transition.
Reindeer-herding Sámi face a dual pressure:
1. Climate changes affect them directly, among other things through milder and more unstable winters.
2. Climate measures and new developments encroach upon their living areas.
This dual pressure is a global problem that affects indigenous peoples all over the world.
