Sámi people in decision-making processes

Transcription

1 Sámi people in decision-making processes Analyzing Sámi people s possibilities to participate and influence on decision-making processes Laura Olsén PhD Candidate University of Lapland. laura.olsen@ulapland.fi Arctic Frontiers, Industry and Environment, Tromsø, Norway 28 th of January 2016

2 Who are the Sámi people? Photo: Laura Olsén

3 Sápmi where on earth is that? -Area is km² (bigger than, for example the area of Germany and it is 12,7 times the size of the area of Belgium) Map: Laura Olsén and Finn Snaterse

4 Research questions Which kind of possibilities do Sámi people have to participate and influence on decision-making processes in national and regional level? Do they really have influence in practice?

5 Comparative political analysis I compare the situation in Finland, Sweden and Norway Research material: political statements and documents of parliaments of Sweden and Finland and Stortinget of Norway, legal documents, news and interviews. Kamrava s approach: state and society separate but closely connected, interaction between and among different institutions. (Kamrava 1995) Gaining in-depth understanding over the situation

6 Human security as a theoretical framework Human beings and societal and economic structures around them are seen as referent objectives. (Thomas 2001) The importance of the elements which are crucial in maintaining the human life and dignity in society (Barnett et al. 2009) UNDP 1994 In the case of Sámi people: a meaningful participation in the life of the community is seen as one of the crucial conditions for human dignity to be realized. (Thomas 2001)

7 Why should Sámi people have a special role in political desicion-making processes? Indigenous people s group Historical reasons International law and human rights

8 International law and human rights UN Declaration on the rights of Indigenous Peoples e.g. article 18 Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions. UN Covenant on Civil and Political Rights e.g. article 27 In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.

9 International law and human rights ILO 169 e.g. article 6 1. 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.

10 International law and human rights The Free, Prior and Informed Consent, which basically means indigenous people s right to make choices concerning the development of their lands and resources. (See e.g. Ward 2011 and Prior etc. 2013) National legislations Articles referring to the right to self-determination: UN Charter art. 1, UN Covenant on Civil and Political Rights art. 1, International Covenant on Economic, Social and Cultural Rights art. 1 etc.

11 Sámi in desicion-making process Regional level Sámi people who are listed to the Sámi parliament s list National level National decision making bodies/government s International level The European Union The Arctic Council The United Nations Sámi parliaments in Finland, Sweden and Norway Sámi Council Sámi parliamentarian council (SPR)

12 Situation and challenges in Sápmi Norway: Recognized as indigenous people (ILO Convention No. 169) ILO Convention No. 169 implementation processes in Norway Act of Finnmark (2005) and Finnmark s commission (2008) Sámi people have an exclusive right to reindeer herding (only with few exceptions)

13 Situation and challenges in Sápmi Sweden: ILO-169 ratification process (or lack of it) in Sweden Recognized as people (Constitution of Sweden 2011, ch. 1, art.2) Sámi people have an exclusive right to reindeer herding Kallak mine and Sámi protests against mining

14 Situation and challenges in Sápmi Finland: Recognized as indigenous people (Constitution of Finland, 1995, art. 17 (3) Prolonged ILO-169 ratification process in Finland Disagreement on Sámi definition in Finland 93 new Sámi to the electoral roll against Sámi parliaments will Act on the Finnish Forest and Parks service and removed article concerning the Sámi rights The supreme administrative court in Finland

15

16 With this research I want to help to build a basis for an open discussion between the state and the Sámi people. bring Indigenous people s perspective to resilience building processes. increase knowledge concerning the situation and real everyday challenges in Sápmi region especially among the Sámi people.

17 Preliminary conclusions In theory and according to national legislation and international agreements Sámi people s position is relatively good. The situation in Norway is relatively good comparing to Finland and Sweden since ILO Convention No. 169 has been ratified in Norway in 1990 and Finnmark s commission has been established. However the implementation process of the convention is still on-going and the Finnmark s commission s work is prolonging. Public conversation indicates dissatisfaction among the Sámi people.

18 GIITU! THANK YOU! Photo: Laura Olsén

19 References: Barnett, Jon & Matthew, Richard & McDonald, Ryan (ed.)(2009), Global Environmental Change and Human Security. Cambridge: MIT Press. Constitution of Finland Constitution of Sweden Heinämäki, Leena (2010), The Right to be a Part of Nature: Indigenous Peoples and the Environment. Acta Univeritatis Lapponiensis 180. Rovaniemi: Lapin yliopistokustannus. ILO Convention No Indigenous and Tribal peoples Convention. Kamrava, Mehran (1995), Understanding Comparative Politics: A Framework for Analysis. Taylor & Francis e-library. Korpijaakko, Kaisa (1989), Saamelaisten oikeusasemasta Ruotsi-Suomessa. Helsinki: Lakimiesliiton kustannus. Joona, Juha (2013). Kuka kuuluu alkuperäiskansaan historian vastauksia tämän päivän kysymyksiin. Lakimies 4/2013: Lim, Timothy C (2010), Doing Comparative Politics: An Introduction to Approaches and Issues. Boulder, USA: Lynne Rienner Publisher. Prior, Tahnee & Duyck, Sébastien & Heinämäki, Leena & Koivurova, Timo & Stepien, Adam (2013), ADDRESSING CLIMATE VULNERABILITY: Promoting the Participatory Rights of Indigenous Peoples and Women through Finnish Foreign Policy. Rovaniemi: University of Lapland Printing Centre. Sami Parliament Act Sametingslag SFS 1992:1433. Act on the Sámi parliament Saamelaiskäräjälaki /974. The Sámi Act The Sámi Act No. 56. Thomas, Caroline (2001), Global governance, development, and human security: exploring the links. Third World Quarterly Vol. 22, No. 2: UN Covenant on Civil and Political Rights, a (XXI) UNDP 1994, Human Development Report Oxford: Oxford University Press.

20 References: UN Declaration on the rights of Indigenous Peoples, A/RES/61/295. Ward, Tara (2011), The Right to Free, Prior and Informed Consent: Indigenous Peoples Participation Rights within International Law. Northwestern Jounral of International Human Rights, Vol 10, No. 2: 54. Pictures: Iltalehti , Pauliina Feodoroff on tunnettu saamelaisten oikeuksien puolestapuhuja. Kuva Pasi Liesimaa. Accessed United Nations Human Rights, Facebook campaign , Protect the Sami people s right to traditional lands and livelihoods. Kuva Juha Länsman. Accessed e=3&theater YLE , Finland shelves indigenous rights agreement ratification. Accessed YLE , Finland s Sámi request UN help in securing their rights. Accessed YLE , Ex-Sámi Parliament head quits voter s register, calls Finland a racist country. Accessed on YLE , Nearly 100 new people accepted as Sámi persons against will of Sámi Parliament. Accessed YLE , UN representative urges to consider suspension of Sámi elections. Accessed YLE , "Court: No new Sámi parliament election in Finland. Accessed