Sami Impact on Decision-making in Sweden - an analysis of present possibilities for participation and consultation in relation to international obligations

Abstract: The traditional territory of the indigenous Sami people stretches into Sweden, Norway, Finland and Russia. Sami culture is strongly connected to reindeer husbandry, which requires vast and coherent land where the reindeer can access natural pasture without disturbances. This thesis examines present possibilities for Sami in Sweden to impact decision-making processes regarding use of land and natural resources within their traditional territory, as well as analyses these possibilities in relation to Sweden’s international obligations regarding Sami self-determination. Self-determination is widely acknowledged as customary international law and is therefore binding for all states. Self-determination entails a right for indigenous peoples to self-government in internal and local affairs, as well as a right to participate in decision-making regarding matters that affect them. The right to participation has given rise to a duty for states to conduct good faith consultations with indigenous peoples in order to obtain their agreement or consent. The duty is well-established in international law, but it is disputed whether or not consent is required in order to proceed in the matter. The principle of FPIC has gradually evolved within international law over the last 20 years. The principle is particularly important in relation to control over land and natural resources. It has been argued that the principle is an essential part of the right to self-determination, as projects in indigenous peoples’ territories impede on their right to decide their own priorities. At the time of writing, Sweden does not have a special order of consultation with the Sami. After repeated criticism from several international human right bodies during the last 15 – 20 years, Sweden appointed two separate investigations in order to investigate the question regarding consultation. Proposals were made in 2009 and 2017, but none of them has led to any legislative additions or amendments due to extensive critique from various remittance instances. This means that the Sami have to rely on other mechanisms for participation and consultation in various legislative acts and other regulations. The analysis demonstrates that the mechanisms provide possibilities for impact on decision-making processes regarding use of land and natural resources to some extent. However, these opportunities are not secure or sufficient enough to ensure the Sami right to participation and fulfil Sweden’s duty to consult them. Therefore, my conclusion is that Sweden does not fulfil its international obligations towards the Sami.