Prime Minister Jonas Gahr Støre responds to the criticism that it has taken too long to clean up after the Fosen verdict. – My government is doing what it can to find a solution in this very complex matter.
On Wednesday, Prime Minister Jonas Gahr Støre (Ap) listened to the chants from the activists who had settled in Vandrehallen at the Stortinget to protest against the wind power at Fosen. Later in the evening, the police removed the demonstrators. Photo: Haakon Mosvold Larsen / NTBPublished:
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This week it had been two years since a judgment from the Supreme Court determined that the concessions for two wind power plants at Fosen were invalid. The court held that the facilities violated the human rights of local reindeer herders.
The fact that so much time has passed without the violation of human rights being repaired can in itself be a new violation of human rights. This was claimed by Norway’s institution for human rights (NIMNIMFN recommends that all states have a national institution to promote and protect human rights nationally. In Norway, the Storting has given this task to NIM, which was established in 2015.) in a letter to the Prime Minister’s office this week.
Prime Minister Jonas Gahr Støre rejects this in a reply letter to NIM. But the Prime Minister writes that he understands the impatience.
– I agree with NIM that we have a duty to correct this ongoing violation of human rights. I also agree that we must find a solution as quickly as possible, and I understand that both the reindeer herders at Fosen, NIM and other players are impatient, writes Støre.
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Not agreeing to a new breach
But the Prime Minister therefore disagrees with NIM that the two years that have passed could be a new violation of human rights.
– My government is doing what it can to find a solution in this very complex matter, and I therefore do not share NIM’s view that there is a significant risk that Norway is about to violate SPSPabbreviation for the UN Convention on Civil and Political Rights article 2 (3), writes Støre.
NIM claimed in its letter that the UN Human Rights Committee normally gives states six months to report on how they will deal with human rights violations.
– That the committee expects the states to report on follow-up within 180 days provides little guidance for how quickly states are obliged to repair violations of SP in complex cases, writes Støre.
– A very long time
NIM’s director Adele Matheson Mestad maintains that spending two years on repairs is far too long.
– It is good that the Prime Minister recognizes that you have a duty to repair here, and that he is concerned with ensuring learning from this process. We are also positive about the mediation process, and of course hope that a solution will be found quickly, says Mestad to E24.
– Our point is simply that this duty to repair also has a human rights dimension, and that it must be taken care of. And here a very long time has passed, she adds.
NIM director Adele Matheson Mestad. Photo: Ole Berg-Rusten / NTB
– We have to learn
Støre writes that he wants to avoid similar cases again.
– I agree with NIM that we must learn from this case, writes the Prime Minister.
– For future matters, we must look at how we can get better involvement of various interests, and we must look at the processes leading up to decisions and development. Developments of power and electricity grids must not infringe the rights of reindeer husbandry according to SP article 27, writes Støre.
On Friday, activists continued to demonstrate against the wind power at Fosen, two years after the verdict that said two licenses were invalid. Photo: Rodrigo Freitas / NTB
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Refers to ongoing mediation
In the letter, Støre points out that how quickly an infringement must be repaired depends on several factors:
how complex the case is how extensive processes must be carried out to repair the breach
The Prime Minister points out that the government is following up the Fosen case on two tracks: the administrative track, and a mediation track.
In the letter, Støre goes through some of the administration’s meetings and processes. After the judgment two years ago, the Ministry of Oil and Energy wanted to initiate an administrative law change process of the decisions, but it was unable to agree with the reindeer herding and the Sami Parliament on the content of a study programme.
Støre writes that, for the time being, the Ministry of Petroleum and Energy has waited to launch the investigation programme, in light of the mediation and in dialogue with the reindeer herding.
– The fastest way
In April this year, Oil and Energy Minister Terje Aasland initiated a mediation between the developers and the reindeer herding, led by national mediator Mats Ruland.
– A mediation solution will be the fastest way to find a solution in the matter, writes the Prime Minister.
He states that the state has participated in several of the meetings and will also contribute to putting a solution in place.
– Mediation is still ongoing. The content of the mediations is confidential information, but I am aware that more meetings are planned during the autumn of 2023, writes Støre.
Reindriften opened this week to end the mediation, after half a year without results.
– SiidaenSiidaen Sami reindeer herding is organized in groups of families who work together, called siida in northern Sami and sitje in southern Sami will end the process if a solution is not on the table within a short time that involves a repair of the violation of international law, said leader Terje Haugen in Nord – The waterfall siida to VG Thursday.
The Støre government has announced new measures to mitigate conflicts over areas with reindeer husbandry in connection with the development of power and grids.
– The most important thing now is to find a solution that safeguards the rights of the reindeer herders on Fosen in the future, Støre concludes in the letter to NIM.
2023-10-13 10:08:45
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