Depreciation of Arctic Indigenous Rights in the Green Transition Process. The Case Study of the Wind Farms Erected on the Fosen Peninsula in Norway

The presentation delves into the impact of the green transition on Arctic indigenous rights at the local level, emphasising the necessity to uphold these rights throughout the transition. It highlights the importance of safeguarding indigenous peoples’ self-determination, needs, cultural heritage, and land rights amidst environmental changes. Exploring the intersection of the green transition, Arctic indigenous communities, and legal philosophy, the talk offers an interdisciplinary perspective. It advocates for community-based legal and ethical frameworks that respect and recognise the land rights of Arctic indigenous peoples. The study draws on diverse methodologies, blending legal philosophy with cultural and anthropological insights, and examines various sources ranging from literature to official statements and media reports. The analysis underscores the challenges faced by Arctic indigenous communities due to existing laws, policies, and societal attitudes, indicating the need to empower these communities. It also advocates for the protection of cultural diversity and genuine cultural pluralism worldwide. Indigenous lifestyles and cosmologies matter.

A specific case study from Norway involving the wind farms on the Fosen peninsula sheds light on the complexities arising at the intersection of the green transition and Sámi (indigenous) rights, illustrating the ongoing tensions in this context. The Sámi are the indigenous people in the Nordic countries. It is commonly assumed that the green transition process is universally beneficial. Yet, the crucial question arises: Is this shift always advantageous for Arctic indigenous communities and their environments, including their reindeer and, more broadly, cultures? Are the mentioned wind farms really neutral for the Sámi reindeer on the Fosen peninsula? The answer is unfortunately negative, and it is supported not only by the narratives of the Sámi but also by scientists. The Norwegian Supreme Court relied on these arguments in its famous judgment from 2021 concerning the wind farms on the Fosen peninsula. According to the Court, the decision to build a complex of six wind farms in Fosen had violated the rights of the Sør-Fosen and Nord-Fosen Sámi herding communities, especially the Sámi right to culture (Article 27 of the UN International Covenant on Civil and Political Rights).