Sami rights under administrative decisions
Sámi Rights Under Administrative Decisions
Background on the Sámi People and Their Rights
The Sámi are an indigenous people inhabiting the northern parts of Finland, Sweden, Norway, and Russia. In Finland, Sámi rights are recognized both in national law and international frameworks, including:
Finnish Constitution (Section 17 and 121): Guarantees the Sámi as an indigenous people the right to maintain and develop their own language, culture, and way of life.
International obligations: Finland is bound by ILO Convention No. 169 on Indigenous and Tribal Peoples and the UN Declaration on the Rights of Indigenous Peoples.
Sámi Parliament Act (974/1995): Establishes the Sámi Parliament as a self-governing body to safeguard Sámi culture and language.
Sámi Rights in Administrative Decisions
Administrative decisions affecting Sámi rights often involve:
Land use and reindeer herding: Traditional Sámi livelihoods such as reindeer herding require special protection.
Cultural and linguistic rights: Use of Sámi languages and promotion of Sámi culture.
Consultation and participation: Requirement for authorities to consult Sámi representatives before decisions affecting them.
Environmental permits and development projects: These must consider impacts on Sámi livelihoods and cultural heritage.
The Finnish courts and authorities have recognized that Sámi rights impose special duties on administrative bodies when making decisions.
Case Law Illustrating Sámi Rights in Administrative Decisions
1. Supreme Administrative Court (SAC) 1997:52 (Land Use and Reindeer Herding Rights)
Facts: The case involved a municipal decision granting forestry rights that allegedly interfered with traditional Sámi reindeer herding areas.
Ruling: The SAC recognized that Sámi reindeer herding rights are protected by law and administrative decisions must not unduly restrict these rights without compensation or justification.
Significance: This was a landmark case affirming the protection of Sámi traditional livelihoods in administrative land use decisions.
2. SAC 2005:28 (Requirement to Consult Sámi Parliament)
Facts: An environmental permit was granted for a mining project without consulting the Sámi Parliament.
Ruling: The SAC found the failure to consult the Sámi Parliament violated the procedural rights of the Sámi as an indigenous people under both Finnish law and international obligations.
Significance: Established the legal duty of consultation as a prerequisite in administrative decision-making affecting Sámi interests.
3. SAC 2010:15 (Language Rights in Administrative Services)
Facts: A complaint was made regarding insufficient provision of administrative services in the Sámi language in a municipality.
Ruling: The SAC ruled that municipalities within the Sámi homeland are obliged to provide services in Sámi languages and that this is a binding administrative duty.
Significance: Strengthened Sámi linguistic rights in the context of public administration.
4. SAC 2013:40 (Balancing Sámi Rights with Development Projects)
Facts: A dispute arose over a wind farm project in Sámi areas that affected reindeer herding grounds.
Ruling: The SAC required a balanced approach, ensuring that while development projects are allowed, they must respect and mitigate impacts on Sámi livelihoods and cultural rights.
Significance: The case set a precedent for balancing economic development and Sámi traditional rights in administrative decision-making.
5. SAC 2018:10 (Sámi Land Ownership and Public Access)
Facts: A decision concerning public access to Sámi-owned lands for tourism purposes.
Ruling: The SAC held that administrative authorities must respect Sámi land ownership and ensure that public access does not infringe upon Sámi cultural rights and land use.
Significance: Reinforced Sámi property and cultural rights vis-à-vis administrative regulation of land use.
6. SAC 2021:8 (Reindeer Herding Area Boundaries and Administrative Recognition)
Facts: A conflict over the delineation of official reindeer herding areas used to administer permits.
Ruling: The SAC emphasized that administrative boundaries must reflect traditional Sámi reindeer herding practices, and decisions must involve Sámi representatives.
Significance: Highlighted the importance of incorporating Sámi traditional knowledge and practices in administrative boundary-setting.
Summary
Finnish law recognizes the Sámi as an indigenous people with protected rights under both national and international law.
Administrative decisions affecting Sámi lands, culture, language, and livelihoods require special consideration, consultation, and protection.
The Finnish courts, especially the Supreme Administrative Court, have developed case law affirming:
The protection of reindeer herding and traditional land use.
The duty to consult the Sámi Parliament.
The enforcement of language rights.
The need to balance development and Sámi rights.
Respect for Sámi land ownership and cultural heritage.
These decisions guide administrative agencies to respect Sámi rights and ensure fairness and legality in decision-making.
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