ABSTRACT
Sami areas in Norway are governed by a complex mix of general Norwegian legislation and specific laws on Sami issues, from the Norwegian Constitution Article 108’s protection of Sami to the Sami Act, which, inter alia, established the Sami Parliament. In 2021, the Sami Act got a new chapter on consultation which will be examined from the perspective of meaningful stakeholder engagement.
Further, international law protection of Indigenous peoples is relevant and applied in Norwegian courts, including in the Supreme Court. In 2021 the Grand Chamber of the Supreme Court in ruling on the so-called Fosen case unanimously held that the establishment of a wind farm in mid-Norway, which had already been built, violated Sami rights based on Article 27 of the UN Convention on Civil and Political Rights. The consequences of this Court decision were only agreed in March 2024 after significant protests from Sami activists. Agreements between the parties were reached after long mediation processes initiated by the government. General Norwegian legislation governing the exploitation of mineral rights, and the establishment of hydropower and wind power also applies to Sami interests. These laws also provide rules on stakeholder engagement through consultation.
This chapter aims to cover the different ways in which Sami interests are channeled into decision-making through consultation rules, and how this affects Sami rights-holders. The chapter offers examples of the most conflict-laden issues regarding energy and minerals in Finnmark, as well as in other areas where Sami are present. There are several dimensions of conflict between traditional reindeer herding and wind power or mining interests as well as conflicts among different Sami groups.
