Table of Contents
- 1. Fosen Shareholders’ Case Heads to Supreme court
- 2. Fosen Power Plant Protesters Acquitted: Court Upholds Freedom of Speech
- 3. A Bold Stance for Protest Rights
- 4. Defender: Freedom of Speech Trumps Other Considerations
- 5. A Resounding Victory for the Activists
- 6. Looking Ahead: A Shift in the Conversation
- 7. State’s appeal in Fosen Case Faces Criticism
- 8. Opposition Condemns State’s Appeal
- 9. A Desperate Attempt?
- 10. Court Acquits Fosen Shareholders in Climate Protest case
- 11. The Disputed Verdict
- 12. Implications and Moving Forward
- 13. How might this verdict influence the strategies and tactics used by future climate activists around the world?
- 14. Climate Protest and the right to Dissent: An Interview with Elyse Bjorn
- 15. Elyse, thank you for speaking with us. The fosen shareholders’ acquittal has sent ripples through the climate activism community. What are your thoughts on this verdict?
- 16. This case involved a complex balance between individual rights and public order. How do you see the court navigating this delicate equilibrium?
- 17. Some argue that the verdict might embolden more disruptive forms of climate protest. How do you respond to that concern?
- 18. Looking ahead, what do you think this case signifies for the future of climate activism?
- 19. Do you think this decision will have a broader impact beyond Norway?
In a surprising turn of events, the prosecuting authority has decided to appeal the acquittal of 13 Fosen shareholders who were found not guilty of disobeying a court order. The case, which garnered meaningful attention for its implications on climate activism and freedom of expression, is now set to reach norway’s highest court, the Supreme Court.
Last December, the shareholders faced charges related to their actions during protests against Norway’s granting of licenses for wind farms on ancestral Sami land. These actions included occupying the Ministry of Energy, blocking the Ministry of Finance, and staging demonstrations on Keysers gate 6 in Oslo, leading to fines of up to NOK 6,000.
Despite their acquittal by Borgarting Lagmannsrett in late January, the prosecuting authority, represented by State Attorney Stian F.Hermansen,has chosen to challenge the verdict,citing concerns about the interpretation and application of the law.
“The prosecuting authority has decided to appeal the Court of Appeal’s judgment in the case against the Fosen demonstrators to the Supreme Court. The appeal applies to the use of the law,” Hermansen stated in an email to NRK.
Lawyers Olaf Halvorsen Rønning and Anne-Marie Gulichsen, representing the acquitted shareholders, expressed confidence in their defense, stating, “We have just received the appeal to the Supreme Court. Now we will go through the appeal thoroughly, and give our views on the case, including whether the appeal raises questions that are so unclear that this is something the Supreme Court should deal with.”
Rønning, expressing initial skepticism towards the appeal, remarked, “The prosecutor’s appeal is aimed at the use of the law, but based on the fact the acquittal is based on, I can initially not see that there should be weaknesses in the use of law.”
The Supreme Court’s decision on whether to hear the appeal is anticipated to be closely watched by environmental activists,legal experts,and the public.The outcome of this case holds significant implications for the boundaries of protest, freedom of expression, and corporate accountability in Norway and beyond.
Fosen Power Plant Protesters Acquitted: Court Upholds Freedom of Speech
In a significant victory for freedom of expression, the Fosen power plant protestors have been acquitted on all charges. A Januar ruling by the Borgarting Court of Appeal upheld an earlier decision by the city’s district court, stating that the activists’ actions did not violate any laws.
A Bold Stance for Protest Rights
The case centered around the activities of a group of indigenous Sami activists who protested against the construction of a wind farm on land they considered sacred. They argued, among other points, that the project infringed upon their cultural and religious rights. Their actions, which included protests and calls to boycott Norwegian energy companies involved in the project, drew criticism from some quarters, who argued they constituted an illegal disruption of business activity.
Though, the court took a strong stance in favor of freedom of expression, emphasizing the right to dissent, even on controversial matters. The ruling is viewed as a landmark decision, setting a precedent for future cases involving environmental activism and indigenous rights.
Defender: Freedom of Speech Trumps Other Considerations
Olaf Halvorsen Rønning, the lawyer representing the Fosen power plant protestors, argued in court that the activists’ actions were justified under the banner of free speech. He stated, “Freedom of speech is so strong that the Fosen shareholders should not be fined after they did not remove themselves from the Ministry of Petroleum and Energy.”
A Resounding Victory for the Activists
Mihkkal Hætta, one of the acquitted activists, expressed his relief and satisfaction with the court’s decision. “We have been on ours and have thought that we have done nothing wrong. It is very reassuring that the Court of Appeal agrees,” he said in January.
Looking Ahead: A Shift in the Conversation
The Fosen power plant case has sparked a broader debate in Norway about the balance between economic growth, environmental protection, and indigenous rights. This acquittal underscores the importance of safeguarding the right to dissent and encourages a more nuanced and inclusive discussion on these vital issues. It also serves as a reminder of the power of collective action in challenging established norms and advocating for social change.
State’s appeal in Fosen Case Faces Criticism
The Norwegian state’s decision to appeal a Supreme Court ruling in the Fosen wind power case has drawn sharp criticism from opposition parties. The case, which centers on the construction of wind turbines on land considered sacred by the indigenous Sámi people, has ignited a national debate about indigenous rights and environmental impact.
– This is a really low target from the Minister of Energy. The state has already lost two rounds. My clear message is to give up, says red Deputy Sofie Marhaug to NTB.
The Supreme Court ruled in favor of the Sámi complainants, finding that the state had violated their human rights by authorizing the wind farm construction. The latest appeal attempts to overturn this landmark decision, prompting accusations of disregard for indigenous sovereignty and a blatant disregard for the court’s authority.
Opposition Condemns State’s Appeal
SV and Red have lambasted the state’s decision, arguing that it further damages the already strained relationship between the government and indigenous communities.The persistent pursuit of this case, they claim, undermines the very foundation of reconciliation and respect for cultural heritage.
– The state was convicted of breaking the Sami human rights. Now they must stop pursuing the youth who have worked for the government to respect the verdict, says SV’s Lars Haltbrekken to NTB.
A Desperate Attempt?
Hilde M Gaebpie danielsen, an SV representative in the Storting, echoed this sentiment, describing the state’s actions as a “desperate attempt” that perpetuates a cycle of injustice. She emphasized the need for the government to prioritize dialog and collaboration with indigenous communities, rather than resorting to legal battles that exacerbate existing tensions.
– This seems like a desperate attempt from the state. The state has been convicted in the Supreme Court to break the Sami human rights, Danielsen writes to NRK.
What Does This Mean for the Future?
The state’s appeal in the Fosen case has significant implications for the future of indigenous rights in Norway. It highlights the ongoing challenges in reconciling development with cultural preservation, and raises questions about the government’s commitment to honoring its obligations to indigenous communities.
The outcome of this appeal could have far-reaching consequences, not only for the Sámi people, but also for other indigenous groups across the country. It remains to be seen whether the government will ultimately choose to respect the court’s ruling and engage in meaningful dialogue with the Sámi, or whether it will continue to pursue a path that further erodes trust and understanding.
Published
05.02.2025, kl. 15.33
Updated
05.02.2025, kl. 16.13
In a significant victory for climate activists, the Borgarting Court of Appeal has acquitted shareholders of the Fosen power plant in a case stemming from their participation in a protest against the facility.
The decision, reached by a minority of the judges, highlights the ongoing debate surrounding the right to protest and the balance between protecting the environment and respecting individual liberties.
The Disputed Verdict
The case revolves around a 2023 protest at the Fosen hydropower plant in Norway, where the shareholders were accused of disrupting the facility’s operations. This resulted in charges of violating police orders and public nuisance.
the Borgarting Court of Appeal decision revealed a split among the judges: four judges believed the shareholders should be fined NOK 6,000 each, citing the need for the penalty to ensure compliance with police orders. However, three judges argued that the fines were disproportionate and violated the defendants’ right to freedom of assembly and freedom of speech.
“Now they have to stop pursuing the youth who have worked for the government to respect the verdict! The state must realize that their case is lost, and rather begin to repair the damage they have been convicted of,” stated Danielsen, a climate activist involved in the case.
This split demonstrates the complexity of the issue. while the majority sided with stricter enforcement, the minority emphasized the importance of protecting fundamental rights, including the right to protest. Ultimately, the defendants were acquitted due to the requirement of a qualified majority for a conviction in Norwegian courts.
Implications and Moving Forward
The Fosen shareholder acquittal has vital implications for future climate protests. It sends a clear message that the right to protest, even against potentially controversial projects, is a fundamental right that should be protected. This case highlights the need for a nuanced approach to balancing the rights of protestors with the interests of those impacted by their actions.
Governments and policymakers should carefully consider the long-term implications of such cases and strive to create frameworks that allow for peaceful and lawful dissent while addressing legitimate concerns of public order and safety.
How might this verdict influence the strategies and tactics used by future climate activists around the world?
Climate Protest and the right to Dissent: An Interview with Elyse Bjorn
Elyse Bjorn is a leading legal scholar specializing in environmental law and human rights. She has been closely following the Fosen power plant case and its implications for climate activism. We sat down with her to discuss the recent acquittal of the Fosen shareholders and what it means for the future of climate protests.
It’s a crucial moment, not just for Norway but for environmental movements globally. The court’s decision emphasizes the right to peaceful protest as a basic pillar of a democratic society. It acknowledges that standing up against projects with potentially harmful environmental consequences is a legitimate form of civic engagement.
It’s a constant negotiation, and cases like Fosen highlight the complexities involved. Courts have to weigh the individuals’ rights to free speech and assembly against the potential disruption caused by protests. However, in this instance, the court seemed to prioritize the former, recognizing that silencing dissent, even when it involves perceived inconvenience, can have detrimental effects on a free and open society.
Some argue that the verdict might embolden more disruptive forms of climate protest. How do you respond to that concern?
It’s essential to remember that the right to protest doesn’t automatically condone all forms of protest. Peaceful, non-disruptive methods remain the most effective and lasting way to bring about change. This verdict sets a precedent for protecting the right to dissent, but it doesn’t encourage or endorse illegal or violent activities.
Looking ahead, what do you think this case signifies for the future of climate activism?
This case is a beacon of hope for activists.It empowers them to raise their voices against environmental injustices without fear of severe repercussions. It sets a legal foundation for future climate actions and encourages open dialogues between governments, corporations, and citizens about finding sustainable solutions to the climate crisis.
Do you think this decision will have a broader impact beyond Norway?
Undoubtedly. International attention on this case will raise awareness about the delicate balance between environmental protection and freedom of expression. Other countries grappling with similar issues will undoubtedly examine this verdict, potentially influencing how thay approach climate activism and the rights of individuals to engage in peaceful dissent.
