Lindqvist, Johanna --- "Reindeer Herding: A Traditional Indigenous Livelihood" [2009] MqJlICEnvLaw 5; (2009) 6 Macquarie Journal of International and Comparative Environmental Law 83
[*] LLM (Lund’s University), LLM (International and Environmental Law, Macquarie University); Law Clerk at the Environmental Court of Appeal, Svea Court of Appeal. Email: Johanna.lindqvist@dom.se.
1 In this paper the word Sámi will be used, synonyms for it are Sami and Saami. For general information on the Sámi see samiskt informationscenter; http://www.eng.samer.se/, accessed 25 November 2008.
[2] F.S. Chapin et al, ‘Resilience and Vulnerability of Northern Regions to Social and Environmental Change’, (2004) Vol 33, Ambio, 344-349, at 346.
[3] Johan Strömgren, ‘Sápmi – Sweden’, The Indigenous World 2008, International Working Group for Indigenous Affairs, 29-33, at 29.
[4] Eva Josefsen, ‘The Saami and the National Parliaments – Channels for Political Influence’, (2007) 2, Gáldu Čála Journal of Indigenous Peoples Rights, 7, at 8.
[5] John B Henriksen, ‘The continuous process of recognition and implementation of the Sami people’s right to self-determination, (2008) 21:1, Cambridge Review of International Affairs, 27-40, at 27.
[6] Statistiska Centralbyrån (the governmental authority responsible for producing official statistics on Sweden); http://www.rennaringsstatistik.scb.se/basfakta.asp, accessed 8 October 2008.
[7] Anna Berg et al, ‘A century of logging and forestry in a reindeer herding area in northern Sweden, (2008) 256 Forest Ecology and Management, 256, 1009-1020, at 1009.
[8] Statistiska Centralbyrån; http://www.rennaringsstatistik.scb.se/basfakta.asp, accessed 8 October 2008. For a map over the Sámi villages in Sweden and their herding grounds see, Ren2000, http://www.ren2000.se/sapmi.htm, accessed 22 November 2008.
[9] There is a difference between the concept of reindeer ‘husbandry’ and reindeer ‘herding’, where reindeer husbandry is a more general, inclusive term that refers to the possession, maintenance and management of the herds as the harvestable resource of its owners. Herding is a subset of this and refers to the gathering and movement of the herds and having reindeer under ones supervision without necessarily tending to them continuously. In this paper the term reindeer herding will be used in a broad term including both husbandry and herding. Nicholas J.C. Tyler et al, ‘Saami reindeer pastoralism under climate change: Applying a generalized framework for vulnerability studies to a sub-arctic social-ecological system’, (2007) 17 Global Environmental Change, 191-206, at 191-192; Inger Marie G. Eira et al, ‘The challenges of Arctic reindeer herding: the interface between reindeer herders’ traditional knowledge and modern understanding of the ecology, economy, sociology and management of Sámi reindeer herding, http://arcticportal.org/uploads/XV/oJ/XVoJqij0zWvCr2U_QBMCHg/Eira_127801.pdf, accessed 14 October 2008. This is a paper that reports preliminary results from the International Polar Year (IPY) EALÁT project, the project is a follow up by the Arctic Council report Arctic Climate Assessment (ACIA) in 2004, and focuses on adaptation to future climate change in the north, for more information see http://arcticportal.org/ipy and http://arcticportal.org/en/icr/ealat. In this paper the threats towards reindeer herding due to climate change is also discussed.
[10] Öje Danell, ‘Renskötselns robusthet – behov av nytt synsätt för att tydliggöra rennäringens förutsättningar och hållbarhet i dess socioekologiska sammanhang’, 2005 Rangifer Report No 10, 39-49, at 39-40, http://www.rangifer.no/norge/rr10_full.pdf, accessed 10 October 2008.
[11] Tyler et al, above note 9, 194.
[12] Under the Convention Concerning the Protection of the World Cultural and Natural Heritage (1972), Opened for signature 16 November 1972 and in force 17 December 1975, (1972) 1037 UNTS 151; UNESCO, World Heritage, http://whc.unesco.org/en/list/774, accessed 6 November 2008. Laponia is one of four world heritage sites around the world which represents the landscape of Indigenous peoples, the other world heriatge sites doing this is Kakadu National Park and Uluru-Kata-Tjuta National Park in Australia, and Tongariro National Park in New Zealand. Christina Rådelius, Självstyre eller samförvaltning? Problem och möjligheter utifrån en studie av världsarvet Laponia (Self governance or co-management? Problems and possibilities based on a study on the World Heritage Laponia). Licentiatuppsats (Licentiate dissertation) (2002), Luleå Tekniska Universitet, at 30.
[13] Eira et al, above note 9.
[14] See for example, Article 27 International Covenant on Civil and Political Rights, opened for signature 16 December 1966 UNTS. 171 (entered into force March 23 1976) (ICCPR); Convention concerning Indigenous and Tribal Peoples in Independent Countries ILO, opened for signature 27 June 1989, 28 ILM 1382 (1989) (entered into force 5 September 1991) (ILO 169).
[15] Fikret Berkes, Sacred Ecology, (2nd ed, 2008), at 39. For an interesting discussion on indigenous environmentalism and a presentation on different views on the issue, see Mark Nuttal, Protecting the Arctic. Indigenous Peoples and Cultural Survival, (1998), at 149-157.
[16] ILO 169; United Nations Declaration on the Rights of Indigenous Peoples, adopted by the United Nations General Assembly 13 September 2007, UN Doc. A/61/67 of 7 September 2007, (DRIP); Berkes, above note 15, at 274; James Anaya, ‘Indigenous Peoples’ Participatory Rights in Relation to Decisions About Natural Resource Extraction: The Most Fundamental Issue of What Right Indigenous Peoples Have in Land and Natural Resources’, (2005) 22(1) Arizona Journal of International & Comparative Law, 7-17, at 7. James Anaya here notes that Indigenous peoples’ right to be consulted on decisions affecting them is part of customary international law.
[17] The most well known example is the construction of the Alta Dam in traditional Sámi land in Norway, which led to the Alta Dam conflict 1979-1982. For a description of the project and the Sámi resistance to it, see Chad M Briggs, ‘Science, local knowledge and exclusionary practises: Lessons from the Alta Dam case, (2006) 60 Norsk Geografisk Tidskrift – Norwegian Journal of Geography, 149-160, 150-157.
[18] Eira et al, above note 9. The Environmental Code 1998, the Planning and Building Act 1987, the Mineral Act 1991, the Road Act 1971, the Railway Act 1995, the Forestry Act 1979.
[19] Benjamin J Richardson, ‘Indigenous Peoples, International Law and Sustainability’, (2001) 10:1, RECIEL, 1-12; Dinah Shelton, ‘A rights based approach to public participation and local management of natural resources’, http://www.iges.or.jp/en/fc/phase1/3ws-26-dinah.pdf, accessed 26 November 2008.
[20] Gudmundur Alfredsson, ‘Minimum Requirements for a New Nordic Sami Convention’, (1999), 68, Nordic Journal of International Law, 397, at 411; Peter Johansson, Samerna – samerna ett ursprungsfolk eller minoritet? En studie av svensk samepolitik 1986-2005, (doctoral thesis, Göteborgs Universitet 2008), at 5-6. For a list of all human rights treaties adopted by Sweden see, Swedish government; http://www.manskligarattigheter.gov.se/dynamaster/file_archive/040414/ecd61c0c53d47f6f5eefca12b20a7012/konventioner_komplett_eng.pdf, accessed 1 December 2008.
[21] In the Environmental Code, Ch. 1 s. 1, it is stated that [t]he purpose of this Code is to promote sustainable development, which will assure a healthy and sound environment for present and future generations. Such development will be based on recognition of the fact that nature is worthy of protection and that our right to modify and exploit nature carries with it a responsibility for wise management of natural resources. The Environmental Code shall be applied in such a way as to ensure that: 1. Human health and the environment are protected against damage and inconvenience, whether caused by pollutants or other impacts; 2. Valuable natural and cultural environments are protected and preserved; 3. Biological diversity is preserved; 4. The use of land, water and the physical environment in general is such as to secure a long term good management in ecological, social, cultural and economic terms; and 5. Reuse and recycling, as well as other management of materials, raw materials and energy are encouraged with a view to establishing and maintaining natural cycles.
[22] Danell, above note 10, at 39.
[23] Norway have since the establishment of the Sámi Rights Commission 1980 done investigations of Sámi traditional knowledge and customary law, for an overview of these investigations see Tom G. Svensson, ‘On Customary Law: Inquiry into and Indigenous rights Issue’, (2003) 2 Acta Borealia, 95-119 and Tom G. ‘Indigenous rights and Customary Law Discourse Comparing the Nisga´a and the Sámi’ (2002) 47 Legal Pluralism & Unofficial Law, 1-35, at 6-13. The most comprehensive of the investigations seems to be NOU (Norges Offentlige Utredninger, Norwegian Public Investigations) 2001:34, Samiske Sedvaner og Retsoppfatninger – Bakgrunnsmateriale for Samerettsutvalget (Sámi customs and legal perceptions). For the benefit of the reindeer herding is the International Centre for Reindeer Husbandry (ICR) an important research centre. ICR was established by the Norwegian government in 2005 and is responsible for documenting and informing on traditional knowledge in reindeer herding. For more information on ICR see http://arcticportal.org/en/icr, accessed 20 November 2008.
[24] For a discussion on environmental requirements in relation to reindeer herding see Christina Allard, Two Sides of the Coin: Rights and Duties. The Interface between Environmental Law and Saami Law Based on a Comparison with Aoteoaroa/New Zealand and Canada, (Doctoral thesis, Luleå University, 2006), at 24-25 and 325-383. Allard is of the opinion that the environmental requirements on Sámi reindeer herding are sufficient. However, there could be reasons for establishing specific environmental requirements in certain areas within the reindeer herding area in order to acknowledge specific Sámi customary rights, see Allard at 382. Another doctoral thesis which deals with environmental law in the reindeer herding area is Eivind Torp’s doctoral thesis which was presented in June 2008, Renskötselrätten och rätten till naturresuserna. Om rättslig reglering av mark- och resursanvändingen på renbetesmark I Sverige (Reindeer herding rights and the right to natural resources. The regulation of land and natural resources in the reindeer herding area in Sweden). The thesis is only available in Swedish. For a discussion on the effects of reindeer herding on the mountains see, Jon Moen and Öje Danell, ‘Reindeer in the Swedish Mountains An Assessment of Grazing Impacts’, (2003) 31, Ambio, 397-402.
[25] Eira et al, above note 9. Eira et al. states that: ‘For Sámi reindeer herders the ability to adapt to change is based on the traditional and Indigenous knowledge base and their traditional institutions. In order to advance the development of sustainable development of reindeer herding it is critical to empower Indigenous peoples with the best technologies available in combination with Indigenous knowledge. Therefore is it essential that the education and management institutions within reindeer herding are transformed in order to enable them to understand reindeer herders traditional knowledge.’
[26] Lennart Lundmark, ‘Reindeer pastoralism in Sweden 1550-1950’, in Nordic Council for Reindeer Husbandry Research, Proceedings – Konferanserapport The 14th Nordic Conference on Reindeer and Reindeer Husbandry, Rangifer Report No. 12 2007, http://www.rangifer.no/norge/rr12_full.pdf, accessed 6 October 2008. Tyler et al, above note 9, at 202, has stated that the fact that the County Administrative Boards are responsible for key aspects of the economic and socio-political environment in which reindeer husbandry exists means that the traditional fluidity and flexibility of practise developed to meet the vagaries of the natural environment in the North have been seriously eroded.
[27] S. 65 a in the Reindeer Herding Act 1971, regulates the environmental goals for the reindeer herding industry. For a discussion of sustainable reindeer numbers and governmental control in Sweden during the 1990s, see Eivind Torp, ‘Reindeer-herding and the call for sustainability in the Swedish mountain region’, (1999) 16 Acta Borealia, 83-95 and Eira et al, above note 9. For a discussion on the issue of acknowledging Sámi customary law with regards to the division of village areas see Allard, above note 24, at 299-323.
[28] Tyler et al, above note 9, at 197; Ad Hoc Open-ended Intersessional Working Group on Article 8 (j) of the Convention on Biological Diversity, Report on Indigenous and local communities highly vulnerable to climate change inter alia of the Arctic, Small Island States and High Altiditues, with a focus on causes and solutions, (2007), http://arcticportal.org/uploads/p7/MP/p7MPTlMGpsmLQsPmdzfzvQ/wg8j-05-inf-18-en.pdf, accessed 26 October 2008.
[29] Nanna Borchert, Land is Life: Traditional Sàmi Reindeer Grazing Threatened in Northern Sweden, (2001), http://www.oloft.com/landislife.pdf, accessed 21 October 2008.
[30] Bjorn Aarseth, The Sami Past and Present 2, (1993) referenced in Lawrence Watters, ‘Indigenous Peoples and the Environment: Convergence from a Nordic Perspective’ (2001) 20 UCLA Journal of Environmental Law & Policy, 237-304, at 251, note 59.
[31] Veli-Pekka Lehtola, ’The Saami siida and the Nordic States from the Middle Ages to the beginning of the 1900s’, in Kristiina Karppi and Johan Eriksson (eds), Conflict and Cooperation in the North, (2002), at 184.
[32] Watters, above note, 30, at 252.
[33] UNESCO, Partnership between UNESCO, Discovery Communications, Inc. and UN Works Programme on endangered languages, http://www.unesco.org/culture/ich/index.php?pg=00140#TOC3, accessed 8 June 2008.
[34] European Commission, Languages of Europe: http://ec.europa.eu/education/policies/lang/languages/langmin/euromosaic/sv2_en.html, accessed 8 June 2008.
[35] SOU 2006:14, (Swedish Government Publication), Samernas Sedvanemarker (The Sámi customary lands), also referred to as the Boundary Commission, at 109.
[36] Anna Moyers, ‘Linguistic protection of the Indigenous Sami in Norway, Sweden and Finland’, (2005-2006), 15, Transnational Law and Contemporary Problems, 363, at 365.
[37] Garth Nettheim, Gary D Meyers and Donna Craig, Indigenous Peoples and Governance Structures, A Comparative Analysis of Land and Resource Management Rights, (2002), at 210; Henriksen, above note 5, at 28; Mattias Åhrén, ‘Indingenous peoples’ culture, customs ad traditions and customary law – the Saami people’s perspective’, Arizona Journal of International & Comparative Law, (2004) Vol 21 No 1, 63-112, at 78.
[38] Svensson, ‘Indigenous rights and Customary Law Discourse Comparing the Nisga´a and the Sámi’, above note 23, at 3.
[39] Åhrén, above note 37, at 66.
[40] SOU 2006:14, at 34.
[41] Lehtola, above note 31, at 183 and 186.
[42] Ibid, at 187. For a more thorough investigation on how the Nordic states historically have acknowledged Sámi customary law and how and why this acceptance disappeared and how the situation is today, see Åhrén, above note 37.
[43] Åhrén, above note 37, at 68-69 and 71.
[44] European Commission, Languages of Europe: http://ec.europa.eu/education/policies/lang/languages/langmin/euromosaic/sv2_en.html, accessed 8 June 2008.
[45] Åhrén, above note 37, at 92.
[46] Lennart Sillanpää, ’Government responses to Saami self-determination’, in Kristiina Karppi and Johan Eriksson (eds), Conflict and Cooperation in the North, (2002), at 84-85.
[47] Åhrén, above note 37, at 82 and 88-92.
[48] SOU 1999:25, (Swedish Government Publication), ‘Samerna – ett ursprungsfolk i Sverige – Frågan om Sveriges Anslutning till ILO:s convention nr 169’ (The Sámi - an indigenous people in Sweden – the question of a Swedish ratification of ILO 169), at 25.
[49] Lehtola, above note 31, at 190-191. A treaty from 1826 forbade crossing the boundaries established by the Treaty of Strömstad 1751, the Norwegian Russian border was closed in 1852, and the border between Sweden and Finland was closed 1889, see Lehtola, at 190-191.
[50] Josefsen, above note 4, at 9.
[51] Lehtola, above note 31, at 195. For a further discussion on the assimilation and segregation policies in Sweden see Scott Forrest, ‘The territorial dimension of state-Saami politics’, in Kristiina Karppi and Johan Eriksson (eds), Conflict and Cooperation in the North, (2002), 251, at 258-261.
[52] Lehtola, above note 31, at 195.
[53] Åhrén, above note 37, at 81-82.
[54] SOU 2001:101, (Swedish Governmental Publications), En ny rennäringspolitik – öppna samebyar och samverkan med andra markanvändare, (A new reindeer policy), at 212.
[55] Lennart Lundmark, Sami Policy in the shadow of racism, in the Sami – an Indigenous people in Sweden, (2005) the Sami Parliament and the Ministry of Agriculture, Food and Consumers Affairs, http://www.regeringen.se/content/1/c6/03/97/02/0acf930d.pdf, accessed 27 November 2008.
[56] SOU 2006:14, at 35.
[57] The Swedish Research Council for Environment, Agricultural Science and Spatial Planning, (Formas), Hållbar rennäring och övrig samerelaterad forskning (Sustainable Reindeer herding and other Sámi related research), Formas, http://www.formas.se/upload/dokument/PDF%20filer/Rapport%20renar%20och%20samer%20original1.pdf, accessed at 1 May 2008.
[58] Eira et al, above note 9.
[59] Per Sandström et al, ‘Conflict Resolution by Participatory Management: Remote Sensing and GIS as Tools for Communication Land-Use Needs for Reindeer Herding in Northern Sweden’, Ambio Vol 32 No 8 December 2003, 557-567, at 557.
[60] Tyler et al, above note 9, at 198.
[61] Moen and Danell, above note 24, at 397; Anna Berg et al., above note 7, at at 1009.
[62] Moen and Danell, above note 24, at 397; Anna Berg et al, above note 7, at 1009.
[63] Johnny-Leo L. Jernsletten and Konstantin Klokov, Sustainable Reindeer Husbandry, Basic Concepts, (Arctic Council 2000-2002), http://www.reindeer-husbandry.uit.no/online/Final_Report/basic_concepts.pdf, accessed 1 December 2008.
[64] Borchert, above note 29.
[65] SOU 2001:101, at 211.
[66] Berg et al, above note 7, at 1011.
[67] Pekka Aikio, Beyond the Last Line of Forest Trees, in Story Earth Native Voices on the Environment, Inter Press Service, (1993), at 194.
[68] Berg et al, above note 7, at 1011.
[69] Peter J. Parks, Göran Bostedt and Bengt Kriström, ‘An Integrated System for Management and Policy Analysis’, (2002), 21, Environmental and Resource Economics, 203-220, at 204.
[70] Danell, above note 10, at 39-40.
[71] Conservation of Artic Flora and Fauna (CAFF) (one of the working groups within the Arctic Council) (2006) World Reindeer Husbandry, http://arcticportal.org/uploads/O_/is/O_is46WVjAGOi2kosn7J-Q/CBMP-world-reindeer-husbandry.pdf, accessed 20 October 2008.
[72] Borchert, above note 29.
[73] Danell, above note 10, at 41.
[74] Ibid.
[75] Ibid.
[76] Berg et al, above note 7, at 1010.
[77] Danell, above note 10, at 42.
[78] Simo Kyllönen et al., ‘Conflict Management as a Means to the Sustainable Use of Natural Resources’, 40 (4) (2006) Silva Fennica, 687-728, at 697; Moen and Danell, above note 24, at 400.
[79] Benjamin Burkhard and Felix Müller, ‘Indicating human-environmental system properties: Case study northern Fenno-Scandinavian reindeer herding’, (2008) 8 Ecological Indicators, 828-840, at 832.
[80] Marianne Wiben Jensen, ´editorial’, Indigenous Affairs, Land Right: A Key Issue, 4/04, at 4, International Work Group for Indigenous Affairs, http://www.iwgia.org/graphics/Synkron-Library/Documents/publications/Downloadpublications/IndigenousAffairs/IA42004.pdf, accessed 10 May 2008.
[81] Nutall, above note 15, at 175.
[82] John Borrows, ‘Domestication Doctrines: Aboriginal Peoples after the Royal Commission’, (2001) 46 McGill Law Journal, 615-661, at 616; ILO 169, Articles, particularly 6, 7, 8, 13, and 15.
[83] Fikret Berkes and M Taghi Farvar, ‘Introduction and Overview’ in Fikret Berkes (ed), Common Property Resources Ecology and community-based sustainable development, (1989) at 6.
[84] Marcia Langton, Zane Ma Rhea and Lisa Palmer, ‘Community-Orientated Protected Areas for Indigenous Peoples and Local Communities’, (2005) 12, Journal of Political Ecology, 23-50, at 26.
[85] On 22 December 2004, the General Assembly adopted Resolution A/RES/59/174 for a Second International Decade, which commenced on 1 January 2005. UN proclaimed 1993 as the international year for Indigenous peoples, and 1995 to 2004 was the International Decade of the World’s Indigenous Peoples, see Office of the High Commission for Human Rights; Fact Sheet No.9 (Rev.1), The Rights of Indigenous peoples http://www.unhchr.ch/html/menu6/2/fs9.htm, accessed 27 November 2008.
[86] UNPFII; http://www.un.org/esa/socdev/unpfii/en/second.html, accessed 27 November 2008.
[87] United Nations, Human Rights and the Environment. Preliminary Report submitted to the Sub-Commission on Prevention of Discrimination and Protection of Minorities, (UN Doc E/CN.4/Sub.2/1991/8), para. 23.
[88] Richardson, above note 20, at 1.
[89] Ibid.
[90] Universal Declaration of Human Rights, GA Res 217 A (III) U.N. Doc A/810 at 71, 183rd plen mtg, (1948); International Covenant on Civil and Political Rights, opened for signature 16 December 1966 UNTS 171 (entered into force March 23 1976); International Covenant on Economic, Social and Cultural Rights, opened for signature 16 December 1966, 999 UNTS 3 (entered into force 3 January 1976).
[91] Dave Lewis, ‘Ethnic mobilisation: The case of indigenous political movements’, in Kristiina Karppi and Johan Eriksson (eds), Conflict and Cooperation in the North, (2002), at 47.
[92] Ibid at 40 and 47; James Anaya, above note, 16 at 7-9.
[93] For a thorough review on the Sámi self-determination in Russia, Finland, Sweden and Norway see Henriksen, above note 5.
[94] Erika-Irene A Daes, ‘An Overview of the history of indigenous peoples: self-determination and the United Nations’, (2008) 21:1 Cambridge Review of International Affairs, 7-26, at 12-18.
[95] Ole Henrik Magga, ‘The Saami Parliament: Fulfilment of self-determination?, in Kristiina Karppi and Johan Eriksson (eds), Conflict and Cooperation in the North, at 301-302.
[96] See inter alia Articles 25 and 26 in DRIP.
[97] Julie Debeljak, ‘Barriers to the Recognition of Indigenous Peoples’ Human Rights at the United Nations’, (2000) 26 (1) Monash University Law Review, 159-194, at 159-160 and 171.
[98] Watters, above note 30, at 265; Anaya, above note 16, at 9.
[99] See inter alia Articles 1 of the ICCPR and the ICESCR; Debeljak, above note 97, at 170.
[100] The International Convention on the Elimination of All Forms of Racial Discrimination, adopted and opened for signature 21 December 1965, (entered into force 4 January 1969), have been important in this aspect.
[101] Malcom N. Shaw, ‘The Definition of Minorities in International Law in Yoram Dinstein and Mala Tabory (eds), The Protection of Minorities and Human Rights, (1992), at 11.
[102] If the state party to ICCPR also has ratified the Optional Protocol to the International Covenant on Civil and Political Rights, adopted by General Assembly Resolution 2200A (XXI) 16 December 1966, (entered into force 23 March 1976).
[103] SOU 2005:79, (Swedish Government Publication) Vem får jaga och fiska? Historia, folkrätt och miljö, (Commission on Hunting and Fishing Rights), at 60.
[104] Kitok v. Sweden (Communication No. 1971/1985), Views adopted 27 July 1988, Report
of the HRC, GAOR, Forty-third Session, Suppl. No. 40 (A/43/40), s. 221–230. The case was initiated by Ivan Kitok, a ethnic Sámi, which had lost his membership in his ancestral village, and been denied readmission by the village, which meant that he could not pursue reindeer herding. The Committee found that Ivan Kitok’s rights had not been violated, since the legislation demanding membership in a Sámi village in order to be able to herd reindeer was justified as a means of ensuring the viability and welfare of the Sámi as a whole.
[105] Länsman et al. v. Finland (Communication 511/1992), Views adopted: 26 October 1994, para 9.3.
[106] Länsman et al. v. Finland (Communication 511/1992), Views adopted: 26 October 1994,
Report of the Human Rights Committee, Vol. II, GAOR, Fiftieth Session, Suppl. No. 40
(A/50/40), s. 66–76 and J. Länsman et al. v. Finland, Communication no. 671/1995), UN
Doc. CCPR/C/58/D/671/1995.
[107] Apirana Mahuika et al. v. New Zealand, Communication No. 547/1993, U.N. Doc. CCPR/C/70/D/547/1993 (2000).
[108] The Treaty of Waitangi was signed by some Maori chiefs and the British Crown in 1840, and constitutes the basis for Maori rights to land and water. For a more thorough review see Allard, above note 24, at 75-86.
[109] Apirana Mahuika et al. v. New Zealand, para. 9.5
[110] Apirana Mahuika et al. v. New Zealand, para 9.6
[111] Gro Harlem Brundtland, Our Common Future, WCED, (1987), at 8.
[112] Ibid, at 114-115.
[113] Ibid, at 115-116.
[114] Ibid.
[115] Ibid.
[116] Agenda 21, UNESCO, http://www.un.org/esa/sustdev/documents/agenda21/english/agenda21toc.htm, accessed 6 October 2008.
[117] Ibid.
[118] Nutall, above note 15, at 175.
[119] Richardson, above note 20, at 6.
[120] As of the 18 November 2008 the ILO 169 have bee ratified by 19 states (predominantly Latin American countries), http://www.ilo.org/indigenous/Conventions/lang--en/index.htm, accessed 18 November 2008; Janice Barry and Jessica Kalman, Our Land, Our Life, Indigenous Peoples´ Land Rights, Taiga Rescue Fact Sheet, Taiga Rescue Network, http://www.taigarescue.org/_v3/files/pdf/181.pdf, accessed 30 April 2008.
[121] International Labour Organisation: http://www.ilo.org/ilolex/cgi-lex/ratifce.pl?C169, accessed 20 November 2008.
[122] In applying the provisions of this Convention, governments shall: (a) consult the peoples concerned, through appropriate procedures and in particular through their representative institutions, whenever consideration is being given to legislative or administrative measures which may affect them directly; (b) establish means by which these peoples can freely participate, to at least the same extent as other sectors of the population, at all levels of decision-making in elective institutions and administrative and other bodies responsible for policies and programmes which concern them; (c) establish means for the full development of these peoples’ own institutions and initiatives, and in appropriate cases provide the resources necessary for this purpose. 2. The consultations carried out in application of this Convention shall be undertaken, in good faith and in a form appropriate to the circumstances, with the objective of achieving agreement or consent to the proposed measures.
[123] Adopted by the United Nations General Assembly 13 September 2007, UN Doc. A/61/67 of 7 September 2007. The Declaration was approved with 143 votes in favour and 11 abstentions (Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russian Federation, Samoa and Ukraine). Only four states – namely, Australia, Canada, New Zealand and the United States – voted against, http://www.un.org/esa/socdev/unpfii/en/declaration.html, accessed 14 November 2008.
[124] Nettheim, Meyers and Craig, Indigenous Peoples and Governance Structures, (2002), above note 37, at 9.
[125] Mattias Åhrén, ‘The UN Declaration on the Rights of Indigenous Peoples – How was it adopted and why it significant?, (2007) 4, Gáldu Cála Journal of Indigenous Peoples Rights, 84-128, at 128.
[126] Ibid, at 127.
[127] Nettheim, Meyers and Craig, above note 37, at 24-25.
[128] Allard, above note 24, at 480.
[129] Watters, above note 30, at 303-304.
[130] Arctic council, http://arctic-council.org/article/about, accessed 15 October 2008.
[131] Currently the following organizations are Permanent Participants; Aleut International Association (AIA), Arctic Athabaskan Council (AAC), Gwich'in Council International (GCI), Inuit Circumpolar Council (ICC), Saami Council and Russian Arctic Indigenous Peoples of the North (RAIPON).The Permanent Participants are supported by the Indigenous Peoples Secretariat, http://www.arcticpeoples.org/.
[132] Declaration on the Establishment of the Arctic Council, http://arctic-council.org/filearchive/Declaration%20on%20the%20Establishment%20of%20the%20Arctic%20Council-1..pdf, accessed 10 October 2008.
[133] Declaration on the Protection of the Arctic environment, Arctic Environmental Protection Strategy, June1991, http://arctic-council.org/filearchive/artic_environment.pdf, accessed 15 October 2008.
[134] Nuttall, above note 15, at 23.
[135] International Centre for Reindeer Husbandry, http://www.npolar.no/ansipra/english/Items/ICR.html, accesed 1 December 2008.
[136] The Yakutsk Declaration can be accessed at; http://arcticportal.org/uploads/4v/HZ/4vHZQ5rLq_jWAb9L_bEYJA/Yakutsk-Declaration.pdf, accessed 26 October 2008. On 22 June 2001 the WRH has adopted the Anar (Inari) Declaration, http://arcticportal.org/uploads/nO/hV/nOhVOoVOxX6TxyrxhINooQ/Anardek.pdf, accessed 26 October 2008.
[137] Nettheim, Meyers, and Craig, above note 37, at 210.
[138] Ibid.
[139] Nordic Sámi Convention, unofficial translation to English, http://www.saamicouncil.net/includes/file_download.asp?deptid=2213&fileid=2097&file=Nordic%20Saami%20Convention%20(Unofficial%20English%20Translation).doc, accessed 10 October 2008.
[140] Allard, above note 24, at 264.
[141] Ibid.
[142] Swedish Government webpage;
http://www.manskligarattigheter.gov.se/extra/pod/?id=32&module_instance=5, accessed 10 October 2008.
[143] Since the 23 March 1976, Office of the High Commissioner for Human Rights, Status of ratification for the principal international human rights treaties, http://www.unhchr.ch/pdf/report.pdf, accessed 20 November 2008.
[144] Since the 3 January 1976, Office of the High Commissioner for Human Rights, Status of ratification for the principal international human rights treaties, http://www.unhchr.ch/pdf/report.pdf, accessed 20 November 2008.
[145] Since the 5 January 1972, Office of the High Commissioner for Human Rights, Status of ratification for the principal international human rights treaties, http://www.unhchr.ch/pdf/report.pdf, accessed 20 November 2008.
[146] Particularly Article 27 ICCPR establishes a commitment for the government to protect Sámi culture.
[147] General Assembly GA 10612, Department of Public Information, General Assembly Adopts Declaration on Human Rights of Indigenous Peoples, (2007), http://www.un.org/News/Press/docs/2007/ga10612.doc.htm, accessed 12 June 2008.
[148] Ibid.
[149] Ibid.
[150] Ibid.
[151] European Convention of Human Rights and Fundamental Freedoms, opened for signature 1950, 213 UNTS 222, (entered into force 3 September 1953).
[152] Framework Convention for the Protection of National Minorities, opened for signature 1995, ETS 157, (entered into force 1 February 1998). The Convention has been in force in Sweden since 1 June 2000.
[153] Open for signature 1992, ETS 148 (entered into force 1 March 1998), Sweden ratified this Convention the 9 February 2000. The adoption of the European minority conventions has lead to the adoption of prop. 1998/99:143 Nationella minoriteter i Sverige, (Governmental Bill, National minorities in Sweden) and with regards to Sámi a special language regulation that gives Sámi the right to speak Sámi in with contact to public authorities in a certain area in the northern part of Sweden, Act on the right to Speak Sámi at Public Bodies and Courts 1999.
[154] Convention on Access to Information, Public Participation in Decision making and Access to Justice on Environmental Matters, opened for signature 25 June 1998, 2161 UNTS 447 (entered into force on 30 October 2001). As of the 20 November 2008 the Convention has 42 parties, including the European Union. The convention is a product of the United Nations Economic Commission for Europe but it is open to accession by any member of the United Nations United Nations Economic Commission for Europe, http://www.unece.org/env/pp/ctreaty_files/ctreaty_2007_03_27.htm, accessed 20 November 2008.; Benjamin J Richardson and Jona Razzaque, ‘Public Participation in Environmental Decision-Making’, in Benjamin J Richardson and Stephan Wood (eds) Environmental Law for Sustainability, (2006), at 175.
[155] CERD, Consideration of reports submitted by state parties under Article 9 of the Convention, Concluding observations of the Committee on the Elimination of Racial Discrimination, Sweden, CERD/C/SWE/CO/18.
[156] SOU 2005:116, SOU 2005:17, SOU 2005:79, SOU 2006:14, (Swedish Government Publications).
[157] CERD, Consideration of reports submitted by state parties under Article 9 of the Convention, Concluding observations of the Committee on the Elimination of Racial Discrimination, Sweden, CERD/C/SWE/CO/18.
[158] SOU 1999:25. Before this the Swedish state had been reluctant to acknowledge the Sámi as an Indigenous peoples. At their ratification of Convention concerning the Protection and Integration of Indigenous and Other Tribal and Semi-Tribal Populations in Independent Countries (ILO 107), opened for signature 26 June 1957, (entered into force 2 June 1959). Sweden and the other Nordic states based their decision not to consider the Sámi as Indigenous peoples on the fact that most Sámi were well integrated into society, see Henry Minde, ‘Sami Land Rights in Norway: A Test Case for Indigenous Peoples’, (2001) 8 International Journal on Minority and Group Rights, 107-125, at 113.
[159] Ulf Mörkenstam, The power to define: The Saami in Swedish legislation, in Kristiina Karppi and Johan Eriksson (eds) Conflict and Cooperation in the North, (2002), at 138.
[160] SOU 1999:25, at 65.
[161] Prop. 1975/76:209, at 138.
[162] Allard, above note 24, at 500-501; Johansson, above note 20, at 153-159; Ombudsmannen mot etnisk diskriminering (DO) (Swedish ombudsman against ethnical discrimination), Discrimination of the Sami – the rights of the Sami from a discrimination perspective, DO:s rapportserie 2008:1 (DO report 2008:1), http://www.do.se/upload/Ladda%20ner/discrimination-of-the-Sami.pdf, accessed 20 November 2008.
[163] This followed recommendations made by the Sámi Rights Commission (Samerättsutredningen) established in 1982 and presenting its result in three reports (SOU 1986:36; SOU 1989:41 and SOU 1990:91).
[164] Norway opened a Sámi Parliament in 1989 and Finland have had a Sámi Parliament since 1973, http://www.sametinget.se/1042, accessed 25 November 2008.
[165] Sillanpää, at 99. There has been a governmental investigation on the Sámi Parliament and some issues that had occurred since its opening in 1993, SOU 2002:77 (Swedish Government Publications), Sametingets roll i det svenska folkstyret. For a discussion of the investigation see Johansson, above note 20, at 168-180.
[166] The others are Swedish Finns, Torne peoples, Gypsies and Jewish People.
[167] DO Report 2008:1, at 14.
[168] Johansson, above note 20, at 244 and 301-303.
[169] Henriksen, above note 5, at 34.
[170] Allard, above note 24, at 264. Allard is also of the opinion that there might be Sámi customary rights outside the reindeer herding right, Allard, above note 24, at 258.
[171] Swedish Government (2006) ‘Report from Sweden on implementation of the International
Covenant on Economic, Social and Cultural Rights’, 2006–07–21 Ministry of Health and Social Affairs, can be viewed at http://www.sametinget.se/1675, accessed 25 November 2008; Henriksen, above note 5, at 34; Johansson have noted a change in the Swedish official documents and refers to the Swedish national action plan for human rights in 2002 (Regeringens skrivelse 2001/02:83, En nationell handlingsplan för de mänskliga rättigheterna, at 91), where both Indigenous peoples and Sámi are linked to the concept of self-determination. Johansson also mention the governmental budget bill prop. 2002/03:1, Förslag till budget, annex 36, and budget bill, prop. 2003/04:1, Förslag till budget, annex 18). Johansson however states that it remains to see if this is just a linguistic general usage of the concept or if it is steps towards realising Sámi self-determination, Johansson, above note 20, at 298.
[172] Mörkenstam, above note 159, at 113 and 136-138.
[173] Johansson, above note, 20, at 169 and 180-182.
[174] DO remittance answer, on SOU 2005:116, SOU 2005:17, SOU 2005:79 and SOU 2006:14, http://www.do.se/upload/remissvar/nationella_minoriteter/jakt_fiske_sou_2005_116_17_79_14_do347_2006.pdf, accessed 23 November 2008.
[175] Ibid.
[176] DO report 2008:1, at 23. As an exception to this I would say that the SOU 1999:25 should not be criticised as not starting from the Sámi peoples right as an Indigenous peoples since it investigated ILO 169 and the rights under this Convention and what changes needed to be undertaken if Sweden were to ratify this Convention.
[177] SOU 2001:101.
[178] Prop. 2005/06:86, Ett ökat samiskt inflytande, (Governmental Bill, An increased Sámi influence) at 30.
[179] Prop. 1975/76:209 Om ändring i regeringsformen (Governmental Bill about changes in the Constitution), at 138; Allard, above note 24, at 480.
[180] Prop. 2006/07:1, Förslag till Budget, (Governmental Bill, Budget Proposal); Regeringskansliet (The Government Office): http://www.regeringen.se/sb/d/6410/a/58131, accessed 10 October 2008.
[181] Johan Strömgren, Sápmi Sweden, The Indigenous World 2008, at 29, International Work Group for Indigenous Affairs, http://www.iwgia.org/graphics/Synkron-Library/Documents/publications/Downloadpublications/IndigenousWorld/IW%202008/THE%20INDIGENOUS%20WORLD-2008.pdf, accessed 20 October 2008. Sweden is divided in to 21 Counties, each County has a County Administrative Board, which are state coordinative authorities which provide monitoring-, service- and appeal- services, Länsstyrelserna (county administrative Boards): http://www.lst.se/lst/, accessed 25 November 2008.
[182] Anna Zachrisson, Co-management of Natural Resources; Paradigm Shifts, Key Concepts and Cases,
http://www.mistra.org/download/18.51ddd3b10fa0c64b24800016555/Fj%C3%A4llMistrarapport+nr+1.pdf, accessed 10 October 2008.
[183] Skattefjällsmålet, NJA 1981 s. 1 (Taxed Mountain Case).
[184] Allard, above note 24, at 258.
[185] Johansson, above note 20, at 302.
[186] Sandström and Tivell, Lokal naturresursförvaltning i Västerbottens Län – En studie om förutsättningar och möjliga former, (Local nature resource management and planning in the County of Västerbotten – A study on possibilities and forms), Länsstyrelsen i Västerbottens Län (County Administrative Board in Västerbotten) http://www.ac.lst.se/files/qGJJEqqV.pdf, accessed 6 May 2008.
[187] SOU 1999:25, at 145; Nettheim, Meyers and Craig, above note 37, at 224-225.
[188] SOU 2005:79, Vem får jaga och fiska? – historia folkrätt och miljö, SOU 2005:116, Jakt och fiske i samverkan and SOU 2006:14, Samernas sedvanemarker.
[189] Swedish Government (2006) ‘Report from Sweden on implementation of the International
Covenant on Economic, Social and Cultural Rights’, 2006–07–21 Ministry of Health and Social Affairs, can be viewed at http://www.sametinget.se/1675, accessed 25 November 2008; Johansson, above note 20 at 299.
[190] Johansson, above note 20, at 299.
[191] CERD, Consideration of reports submitted by state parties under Article 9 of the Convention, Concluding observations of the Committee on the Elimination of Racial Discrimination, Sweden, CERD/C/SWE/CO/18, para 19.
[192] Jan Åge Riseth, ‘So the last shall be first, and the first last? Sámi Reindeer Management vs other land users in Mid-Scandinavia’, in Garth Cant, Anake Goodall, Justine Inns (eds), Discourses and Silences. Indigenous Peoples, Risks and Resistance, (2005), at 49.
[193] Sillanpää, above note 46, at 91.
[194] Åhrén, above note 37, at 89.
[195] Sillanpää, above note 46, at 91. With the 1886 Act there was an introduction of the Lappfogde (a Swedish administrative officer) system. The Lappfogde’s role was to represent the Sámi population before administrative authorities officially seeing to their economical and social interest. This meant that the Sámi people lost their ability to represent themselves in issues relating to their traditional land, waters and natural resources, see Åhrén, above note 37, at 90. This system was in place until 1971.
[196] Ulf Persson, ‘Vill, vill inte eller vet inte’, Norrländska Socialdemokraten (http://www.nsd.se/nyheter/artikel.aspx?articleid=4171229, accessed 25 November 2008.
[197] Reindeer Herding Act, s. 1.
[198] Allard is of the opinion that the current situation with immemorial prescription is not suitable for Sámi rights claims. She is of the opinion that the Sámi customary rights should be treated as historic and cultural rights, collective and unique in character. In her view should Sámi rights claims be treated as sui generic rights, endorsing an adaptation of the real property right, see Allard, above note 24, at 264-297 and 493-494.
[199] Reindeer Herding Act, s. 25.
[200] Reindeer Herding Act, s. 6.
[201] Johnny-Leo L. Jernsletten and Konstantin Klokov, Sustainable Reindeer Husbandry, Executive Summary, (Arctic Council 2000-2002) http://www.reindeer-husbandry.uit.no/online/Final_Report/executive_summary.pdf, accessed 20 October 2008.
[202] SOU 2001:101at 144-145.
[203] SOU 2001:101at 144-145.
[204] SOU 2001:101at 144-145.
[205] SOU 2001:101at 144-145; This commission was followed up by prop. 2005/06:86, Ett ökat samiskt inflytande, (Governmental Bill, An increased Sámi influence) but only limited rights concerning the reindeer herding industry and not affecting non-Sámi were handed over to the Sámi Parliament, prop. 2005/06:86, at 1.
[206] Hugh Beach, The Phase-out Clause in Minority Rights Legislation: A Comparison of the Swedish and Alaskan Methods, (1986) 55 Nordic Journal of International Law, 64- 67.
[207] SOU 1999:25, at 25.
[208] From the beginning of the 1990s there have been several cases between private landowners and Sámi, and the Sámi have lost all cases except one. In the 2008 CERD report, Consideration of reports submitted by state parties under Article 9 of the Convention, Concluding observations of the Committee on the Elimination of Racial Discrimination, Sweden, CERD/C/SWE/CO/18, Sweden was criticised because the burden of proof rests on the Sámi and does not acknowledge the Sámi Sweden the state report to the latest CERD report the Swedish government stated that there currently are no new cases concerning private landowners suing Sámi villages in the courts. However, the state have so far not undertaken any measures to change the legal situation from how it was when the law suits started, that is a change of the burden of proof and legal aid to the Sámi villages. The cases that have gained attention are the firstly the so called Reindeer grazing case, where a forest company and 700 private land owners in 1990 sued five Sámi villages and claimed that they did not have winter grazing rights, the Sámi villages lost the process both in the district court and in the court of appeal. The case was not granted permission to be tried in the Supreme Court, Hovrätten för Nedre Norrland (Court of Appeal for Lower Norrland) T 58-96, decided 15 February 2002 Svegs tingsrätts (Svegs district court) T88/90. One of the aims of the Boundary Commission, established 2001, was to determine the boarders for reindeer herding areas to avoid future court procedures, the Boundary Commission presented its result in SOU 2006:14, but so far has no legislative changes been the result of this investigation, see Åhren, above note 37, at 98-102, for a further discussion on the jurisprudence in both Swedish and Norwegian courts.
[209] Allard, above note 24, at 280.
[210] Ibid, at 279-282.
[211] SOU 2001:101, at 215; SOU 1999:25, at 25.
[212] See, below, Mineral Act, Road Act and Railway Act.
[213] Allard, above note 24, at 385; SOU 2001:101, at 214.
[214] Allard, above note 24, at 473.
[215] Sia Spiliopoulou Åkermark and Miriam Talah, Samernas rätt till deltagande och samråd. Fysisk planering och infrastruktur, (The right for Sámi to participation and consultation. Planning and Infrastructure) (April 2007), Svenska Avdelningen av Internationella Juristkommissionen (Swedish section of International Commission of Jurists),
http://www.icj-sweden.org/upload/Publikationer/Samernasr%E4tttilldeltagandeochsamr%E5d1%281%29.pdf, accessed 22 November 2008.
[216] Prop. 1971:51, Förslag till Rennäringslag m.m., at 123 and 129, (Governmental Bill, Proposal to a new Reindeer Herding Act), which lead to the adoption of s. 30 in the Reindeer Herding Act.
[217] Prop. 1992/93:32, Samerna och samisk kultur m.m., at 101, (Governmental Bill, The Sámi and the Sámi culture). A interpretation of the term ’substantial detriments’ has been made in a the case called RH 1990:18. Allard, has commented on the case, see Allard, above note 24, at 449-450.
[218] SOU 1999:25, at 139.
[219] SOU 2001:101, at 218.
[220] SOU 1989:41, at 279; SOU 2001:101, at 219.
[221] SOU 2001:101, 76 and 281-224. Allard does not see how this general provision would solve the underlying issue of adequate protection of the reindeer herding right, see Allard, above note 24, at 448.
[222] SOU 1999:25, at 189-190.
[223] Reindeer Herding Act, s. 32.
[224] Naturvårdsverket (Environmental Protection Agency) Miljömålen i korthet (The Environmental Goals in short), http://www.naturvardsverket.se/Documents/publikationer/620-8321-2.pdf, accessed 10 May 2008.
[225] Allard, above note 24, at 399. Allard is of the opinion that the fact that reindeer herding is singled out as a national interest is not enough to protect it in the long-term, see Allard, above note 24, at 407-410.
[226] http://www.regeringen.se/sb/d/7233/fromdepartment/4366/pressitem/104237#anc104237, accessed 28 November 2008.
[227] Environmental Code, ch. 1 s. 2; Planning and Building Act, ch. 4 s. 5 and ch. 4 s. 9; SOU 1999:25, at 188.
[228] Allard, above note 24, at 475.
[229] Ibid, at 25 and 473.
[230] Ibid, at 414-415. Natura 2000 is a system established within the EU and the goal is to create an ecological corridor through the European Union, through the creation of special protected areas under the Bird Directive 79/409/EC and the Habitat Directive 92/43/EC. Natura 2000 areas have to be protected under the national system for protecting areas and in Sweden most areas are protected under nature reserves or national parks, Allard, at 423. For a more thorough discussion on protection of reindeer herding and protected areas see Allard, above note 24, at 414-426.
[231] Environmental Code, ch. 7 s. 2.
[232] Regulations (1987:938) on National Parks, s. 1, and s. 4 point 1.
[233] Regulations (1987:938) on National Parks, s. 3, and s. 4.
[234] Mijá Ednan, Samebyarnas Laponiaprogram, at 17 (Mijá Ednan the Sámi villages Laponia Programme), http://www.sameportalen.se/Webbsidor/Filbibliotek/Laponiaprogrammet.pdf, accessed 28 November 2008.
[235] Regulation on Protection of Areas Subject to the Environmental Code s. 3.
[236] Adams M, Beyond Yellowstone? Conservation and Indigenous rights in Australia and Sweden, Research Online (2005), http://ro.uow.edu.au/scipapers/27, accessed 28 November 2008.
[237] Environmental Code, ch. 9 s. 1; Allard, above note 24, at 429.
[238] Environmental Code, ch. 11 s. 2. For a further discussion on different water activities see Allard, above note 24, at 429.
[239] Environmental Code, ch. 6 s. 1.
[240] Environmental Code, ch. S. 4.
[241] Allard, above note 24, at 432.
[242] Environmental Code, ch. 6 s. 3; Allard, above note 24, at 432.
[243] Allard, above note 24, at 432.
[244] Allard, above note 24, at 451.
[245] Ibid, at 451.
[246] Mineral Act, ch. 8 s. 1 and ch 15 s. 1. Allard has pointed out that this is rather unusual for the Swedish system of public supervision, Allard, above note 24, at 453.
[247] Mineral Act, ch. 8 s. 1.
[248] Mineral Act, ch. 4 s. 2.
[249] Allard, above note 24, at 455.
[250] Ibid, at 455. For a more thorough discussion on the Mineral Act and reindeer herding see Allard,above note 24, at 450-456.
[251] Sámi Council and National Swedish Sámi Association, Joint Press release, 21 November 2008, http://arcticportal.org/en/icr/blog, accessed 28 November 2008.
[252] Sámi Council and National Swedish Sámi Association, Joint Press release, 21 November 2008 http://arcticportal.org/en/icr/blog, accessed 28 November 2008.
[253] Allard, above note 24, at 462.
[254] Ibid.
[255] Road Act s. 16 and Railway Act, ch. 2 s. 5.
[256] Allard, above note 24, 477.
[257] For a more thorough investigation see Allard, above note 24, at 385-482 and Spiliopoulou and Talah, above note 214.
[258] Allard, above note 24, at 390-391.
[259] Spiliopoulou and Talah, above note 214, at 28.
[260] Allard, above note 24, at 390-391, apart from the comprehensive and detailed plan there are also regional plans, property regulation plans and area regulations, see Planning and Building Act ch. 6 ss. 3-11.
[261] Planning and Building Act, ch. 1 s. 3.
[262] Prop. 1994/95:230, Kommunal översiktsplanering enligt plan och bygglagen, (Governmental Bill, Municipality planning of water and land resources according to the Planning and Building Act), at 46.
[263] Spiliopoulou and Talah, above note 214 at 29; SOU 2001:101, at 285.
[264] Planning and Building Act, ch. 4 s. 3.
[265] According to ch. 5 s. 1, Planning and Building Act, is the municipality required to have a detailed development plan for, (1) new continuous development; (2) a new individual building, the use of which will cause a significant impact on surroundings or which is to be located in an area where a considerable demand exists for building sites, unless it is admissible to carry out the development examination as part of the processing of the application for a building permit or a tentative approval; (3) built environment, which is going to be altered or preserved, if the regulations should be based on an overall perspective.
[266] Planning and Building Act, ch. 5 s. 29. According to the Planning and Building Act, ch. 5 s. 1 must a detailed plan be established when there will be new aggregate settlements, new single building if it will have significant impact on the surroundings, or if the building is localised in an area with high demand for building sites, or if the settlement shall be altered or preserved.
[267] Planning and Building Act, ch. 5 s. 20.
[268] Planning and Building Act, ch 4 s. 3 and ch 5 s. 20; Internationella juristkommissionen, at 31-32.
[269] Spiliopoulou and Talah, above note 214, at 31.
[270] Ibid, at 475.
[271] Planning and Building Act, ch. 4 s. 2 and ch. 5 s. 18.
[272] Regulations (1998:905) on Environmental Impact Assessments, s. 4 and referred Appendixes, Planning and Building Act, ch. 5 s. 18 subsection 3-4. Allard, above note 24, at 395.
[273] Planning and Building Act, ch. 4 s. 7 and ch. 5 ss. 23 and 33.
[274] Allard, above note 24, at 397.
[275] Planning and Building Act, ch. 8 s. 19.
[276] Prop. 1985/86:1, Ny plan- och bygglag, (Governmental Bill on a New Planning and Building Act), at 731.
[277] Spiliopoulou and Talah, above note 214, at 34.
[278] RÅ 2000 s. 7; Allard, above note 24, at 398: Spiliopoulou and Talah, above note 214, at 34-35.
[279] Spiliopoulou and Talah, above note 214, at 35.
[280] Act prohibiting discrimination, 2003.
[281] For a copy of the application for a summons to the district court in Östersund see the DO webpage, http://www.do.se/upload/rattsfall/dfl_tingratt/Stamning_Dnr733-2005_Krokoms_kommun.pdf, accessed 25 November 2008.
[282] Nigel Dudley, Don Gilmour and Jean-Paul Jeanrenaud, Boreal forests: policy challenges for the future, Abor Vitae Supplement, (1998), http://cmsdata.iucn.org/downloads/avspecial_boreal.pdf, accessed 20 November 2008.
[283] Ibid.
[284] Forestry Act, Sections 20. 30 and 31.
[285] SOU 1999:25, at 190.
[286] For a further discussion on the impacts of forestry and the lack of understating of the needs of the reindeer herding industry see, Åhrén, above note 37, at 104.
[287] Åhrén, above note 37, at 104.
[288] Sarah Edmonds, Sweden’s Sami struggle over land rights, (7 January 2007), International Work Group for Indigenous Affairs, http://www.iwgia.org/graphics/Synkron-Library/Documents/Noticeboard/News%202007/Arctic/SwedenSamistruggleoverlandrights.htm, accessed 3 May 2008.
[289] Johan Strömgren, Sápmi Sweden, The Indigenous World 2008, at 29, International Work Group for Indigenous Affairs, http://www.iwgia.org/graphics/Synkron-Library/Documents/publications/Downloadpublications/IndigenousWorld/IW%202008/THE%20INDIGENOUS%20WORLD-2008.pdf, accessed 20 October 2008.
[290] Preporatory works, or travaux préparatories, is the opinion of the parliamentary committee to which the Government bill is referred, in the last step before the vote in the Parliament (the Riksdag). These opinions are used as a source of interpretation in preparations of judicial and administrative decisions. For a more thorough description on the process of legislation and legal interpretation in Sweden, see Stig Strömholm ‘Introduction’ in Stig Strömholm (ed), An introduction to Swedish Law, 1981, at 35-38.
[291] Prop. 2005/06:86, at 37.
[292] Prop. 1992/93:32, at 42-43.
[293] Spiliopoulou and Talah, above note 214, at 23.
[294] International Work Group for Indigenous Affairs, Region and Country Reports, The Artic, Sápmi – Sweden, Indigenous World 2001-2002, http://www.iwgia.org/graphics/Synkron-Library/Documents/publications/Downloadpublications/IndigenousWorld/YB02.pdf, accessed 1 May 2008.
[295] SOU 1999:25, at 184.
[296] SOU 1999:25, at 184
[297] SOU 1999:25, at 187.
[298] Allard, above note 24, at 517.
[299] Particularly Articles 16, 21 and 36.
[300] Mörkenstam, above note 159, at 138.
[301] Lehtola, above note 31, at 195.
[302] Åhrén, above note 37, at 109.
[303] Johansson, above note 20, at 153-159; Allard, above note 24, at 500-501.
[304] General Assembly GA 10612, Department of Public Information, General Assembly Adopts Declaration on Human Rights of Indigenous Peoples, (2007), http://www.un.org/News/Press/docs/2007/ga10612.doc.htm, accessed 12 June 2008.
[305] Johansson, above note 20, at 169 and 180-182.
[306] Allard, above note 24, at 473-474.
[307] Ibid.
[308] Allard, above note 24, at 517.
[309] DO report 2008:1, at 34-35.
[310] See, discussion in section 5.2.