T A N J A J O O N A I n d i g e n o u s p e o p l e s r i g h t t o n a t u r a l a n d m i n e r a l r e s o u r c e s r e f l e c t i o n s f r o m t h e I L O 1 6 9 ANNUAL EELF CONFERENCE COPENHAGEN, 30. AUGUST 1. SEPTEMBER 2017
ARCTIC
I N T R O D U C T I O N W h a t i s I L O C o n v e n t i o n N o. 1 6 9? C169 - Indigenous and Tribal Peoples Convention, 1989 (No. 169) Convention concerning Indigenous and Tribal Peoples in Independent Countries (Entry into force: 05 Sep 1991) The only legally binding international Convention dedicated to indigenous peoples, replaced the earlier Convention No. 107 concerning the Protection and Integration of Indigenous and Other Tribal and Semi-Tribal Populations in Independent Countries Ratified by 22 countries Mainly from Latin America and South-America, but from Europe: Denmark, Norway, Netherlands, Spain Has been on the Finnish Government agenda for several times
Article 14: Requires states to recognize the rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy In addition, measures shall be taken in appropriate cases to safeguard the right of the peoples concerned to use lands not exclusively occupied by them, but to which they have traditionally had access for their subsistence and traditional activities. M a i n c h a l l e n g e s L A N D R I G H T S, A r t i c l e s 13-19
ARTICLE 15 1. The rights of the peoples concerned to the natural resources pertaining to their lands shall be specially safeguarded. These rights include the right of these peoples to participate in the use, management and conservation of these resources. 2. In cases in which the State retains the ownership of mineral or sub-surface resources or rights to other resources pertaining to lands, governments shall establish or maintain procedures through which they shall consult these peoples, with a view to ascertaining whether and to what degree their interests would be prejudiced, before undertaking or permitting any programmes for the exploration or exploitation of such resources pertaining to their lands. The peoples concerned shall wherever possible participate in the benefits of such activities, and shall receive fair compensation for any damages which they may sustain as a result of such activities.
CHALLENGES Article 14.2: Governments shall take steps as necessary to identify the lands which the peoples concerned traditionally occupy, and to guarantee effective protection of their rights of ownership and possession. Very little of discussion about the concrete consequences of Art. 14 Which particular land areas these are and where they are situated? How are these two different types of areas are defined and identified? * Who are the right holders of the land rights? Sámi definition in law is based on language
INTERNATIONAL LAW AND NATIONAL LAW Indigenous peoples rights are mixture of international and national law. In Finland, for example we have Sámi Act from 1995, where 9 there is an obligation to negotiate with the Sámi Parliament.
The authorities shall negotiate with the Sámi Parliament in all farreaching and important measures which may directly and in a specific way affect the status of the Sámi as an indigenous people and which concern the following matters in the Sámi homeland: (1) community planning; (2) the management, use, leasing and assignment of state lands, conservation areas and wilderness areas; (3) applications for licences to stake mineral mine claims or file mining patents; (4) legislative or administrative changes to the occupations belonging to the Sámi form of culture; (5) the development of the teaching of and in the Sámi language in schools, as well as the social and health services; or (6) any other matters affecting the Sámi language and culture or the status of the Sámi as an indigenous people.
ILO 169, 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.
Identifying the lands
ILO 169 in Norway The Finnmark Act (Finnmarksloven) of 2005 transferred about 46,000 km² in Finnmark County in Northern Norway, which equates to around 95 % of the country s total area, to the residents of Finnmark County. FeFo is managed by a Board of Directors comprising six members. Three of these directors are appointed by the Sami Parliament of Norway and three by the Finnmark County Council. FeFo owns and administrates the land and natural resources in 96 % of the area of Finnmark County. The property of the Finnmark Estate (Finnmarkseiendommen) is operated, managed and developed by FeFo in collaboration with others.
www.arcticcentre.org Thank you!