Extractive Industries and Sami in Sweden - An Analysis of the Procedural Safeguards in the Swedish Mineral Framework and Sweden's International and Regional Obligations

Abstract: The Sami are one of the world’s indigenous peoples that live in a land area referred to as Sápmi that extends over the north of Sweden, as well as parts of Norway, Finland and Russia. Part of the Sami population in Sweden lives according to their traditional way of life which includes reindeer husbandry, hunting, fishing, and other resource-based activities. It is internationally recognized that indigenous peoples have a special connection to their ancestral land and access to such lands is essential in the practice of their traditional way of life. The Swedish government since the 19th century granted mining concessions to companies to exploit the mineral-rich areas in Sweden that are also part of the land area Sápmi. Mining activities adversely impact the traditional Sami way of life, as well as the access to their cultural heritage and spiritual places. The Swedish mineral framework employs three procedural safeguards in the process surrounding the approval mining concessions; a balance of the competing interest, environmental impact assessments, and public participation in the decision-making process. In Sweden the Sami are recognized as a people, minority and indigenous peoples which entail international obligations for Sweden towards Sami, and also affects the requirements for the formulation of procedural safeguards. Sweden’s obligations under international human rights law and European human rights law stipulate specific obligations for Sweden surrounding the protection of the Sami way of life, considerations of Sami interests, Sami consultation and participation. The balance of rights is not consistent with Sweden’s international obligations as it does not give due consideration of the Sami interests and enables an encroaching effect on the Sami way of life. The system for environmental impact assessment is not consistent with Sweden’s international obligations as it lacks explicit Sami consultations as well as considerations of reindeer husbandry and social impacts, making it unable to take due account of the Sami interest. The public participation in decision-making processes is further inconsistent with Sweden’s international obligations as the legal framework in the approval process for mining concession only stipulates a mere right to information and in the planning framework only indirect consultation opportunities. This system for Sami consultation and participation does not adhere to Sweden’s international obligations surrounding effective participation and consultation. The procedural safeguards in the Swedish mineral framework; the balance of interests, environmental impact assessments and public participation and consultation, are not consistent with Sweden’s international obligations, under the international human rights system as well as the European human rights system.