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Norwegian Supreme Court Considers Landmark Case Involving Sami
05/05/2024 23:04 in News

Utoo Radio With Other News Sources, May 5, 2024 - In a case that could give local people authority over a sizable portion of the far north of the nation, the Supreme Court of Norway is currently considering whether to rule in favour of Indigenous land rights in Europe.

The case will decide whether Karasjok, a municipality primarily made up of Indigenous Sámi people, will be granted collective ownership over its 5,450 square kilometres of land. Karasjok is the second-largest municipal area in Norway and has abundant natural resources.

The Sámi, whose ancestral lands extend across the borders of Finland, Norway, Sweden, and Russia, are the only officially acknowledged indigenous people in Europe. Sámi communities are already embroiled in high-profile land conflicts across their traditional territories in four Arctic nations, as the desire for industrial projects on their land seems to be growing.

Presently, a private company, jointly managed by the Sámi and a local public government, makes land decisions within the northern coastal area known as Finnmark.

If the court decides for Karasjok, the community will achieve direct, local control over development decisions in their territory and call the future of the existing system into doubt. The case has already proven deeply divisive, with warring op-eds claiming a victory for Karasjok would turn neighbour against neighbour and even compromise national security.

Experts say the case parallels those in Canada that launched the modern Indigenous land claim process and could have further implications for Indigenous land rights in Norway and across Europe. The case has already proven deeply divisive, with warring op-eds claiming a victory for Karasjok would turn neighbour against neighbour and even compromise national security.

Norway's Supreme Court is considering a case involving the land claims of the Nisga'a First Nation, which were at the heart of Canada's 1973 Calder case. The case raises questions about the land claims of colonial powers, similar to Canada's 1973 Calder case.

If the case is decided for Karasjok, it is likely that other municipalities in the Sámi heartland will launch similar claims for local control.

There is currently no clear indication of what collective ownership will entail, and if FeFo prevails, the Sámi negotiators' preferred body, the Finnmark Commission, might effectively become null and void, raising doubts about the legality of the Finnmark Act and opening the door to negotiations between the government and Sámi Parliament.

The Supreme Court has expanded its panel of judges to 11 members, with over 20,000 pages of material to review.

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