The significance of the Fosen decision for protecting the cultural rights of the Sámi Indigenous people in the green transition

Abstract

This chapter examines the 2021 decision by the Supreme Court of Norway on the Fosen case, which concerns the impacts of the Fosen wind energy project, one of the largest European onshore wind power infrastructures, on the human rights of the Sámi reindeer-herding communities. As the first Supreme Court judgment to establish a violation of the cultural rights of the Sámi people in Norway as recognised under Article 27 of the International Covenant on Civil and Political Rights (ICCPR), this decision is a landmark ruling. The purpose of this chapter is to analyse the decision of the court and its contribution for interpreting Article 27 of the ICCPR. In particular, the chapter focuses on the significance of the decision for interpreting the right to culture including how the judgment addresses the status of the Sámi as collective rights bearers, defines their right to benefit from reindeer husbandry and takes into account the importance of traditional knowledge as well as the green transition to interpret Article 27. In conclusion, the chapter underlines that the significance of the Fosen decision also lies beyond the letter of the judgment, especially as the Norwegian government has not taken action to implement the verdict.