Suchergebnisse

The duty of states to consult indigenous communities is a well-established legal principle, but its implications for practice remain uncertain. Sweden is finding itself at a particularly critical juncture as it prepares to legislate a duty to consult the Sami people in line with its international obligations. This paper explores the ability of Swedish state actors to implement the duty to consult, based on lessons from an already existing duty set out in Swedish minority law, namely to ensure the effective participation of minorities in land and resource decisions. Presenting novel empirical material on the views of Sami communities and state officials in ministries and agencies, we demonstrate the existence of considerable implementation gaps linked to practice, sectoral legislation, and political discourse. We argue that if state duties are to promote the intended intercultural reconciliation, then new measures are needed to ensure enforcement, e.g. via mechanisms of appeal and rules of nullification. In addition, sectoral resource regulations should be amended to refer to the duties set out in minority law and/or a potential new bill on consultation duty in a consistent manner. In the near-term, the state should ensure that Sami communities are adequately resourced to engage in consultation and should invest in state authorities' own ability to implement, i.e. through competence development, staffing, intersectoral coordination, and independent evaluation. Much could also be gained if state agencies and Sami communities worked together to develop detailed consultation routines for relevant resource sectors.

The article addresses the problem of welfare gaps in Europe in the context of the planned enlargement of the EU & NATO. In the beginning of 1990s one of the greatest challenges facing the West was the possibility of uncontrolled mass migration from the former Soviet bloc. The Western institutions, the EU & NATO, could meet this challenge by introducing restrictions on the movement of people, but they decided to embark on what could be termed a policy of "institutional migration." They both decided to go east & at the same time formulated clear entry criteria for those who wanted to join them. After a decade of difficult negotiations, Europe will take the next step on 1 May 2004 when 10 new countries will join the European integration project as new members. However, there are some signs that this enlargement can result in the creation of not a united but a more divided Europe, where the principle of solidarity may become a victim of short-sighted political games. The introduction of restrictions on the access to the common labor market to the citizens of the new member states is an unfortunate symbolic signal sent by the old members of the EU & may herald the creation of a Europe of two speeds, a development that may have far-reaching consequences for the future of the whole European integration project that for more than 50 years has secured peace on the continent. 2 Tables, 10 References. Adapted from the source document.